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Gujarat GujaratStamp StampAct. Act.1958 1958

Art. Art.36 36

Description of ofInstrument Instrument Description

+36. MORTGAGE MORTGAGE-~DEED. DEED.not notbeing beingan an +36.

Proper ProperStamp-duty Stamp-duty

Agreement relating relating to to Deposit Deposit of of Agreement Title-Deeds, Pawn Pawn or or Pledge Pledge (No. (No. Title-Deeds,
6), Botomry Botomry Bond Bond (No. (No. 6). 15 ). 15). Mortagage of a Corp (No. 37). Mortagage of a Corp (No. 37). Respondentia Bond Bond (No. {No. 50) 50} or or Respondentia Security Bond Bond (No. (No. 51), 51), Security

(a) when when possession possession of of the the property property (a) or any any part part of of the the property property or comprised in In such such deed deed is is 2(xxxxJ 2(xxxxJ comprised given. or is agreed to be given. by given, or is agreed to be given. by the mortgagor. mortgagor. the
3((b) when 3[(b)

The The same same duty duty as as is is leviable leviable on on a a conveyance conveyance under under l[clause llclause (a) (al of} 00 ArUcle ArUcle 20 20 for for the the amount a mount secured secured by by such such deed. d eed. The The same same duty duty as as is is leviable leviable under article 6(1)(a):] 6(1)(a):1

possession of the possession property or any part of the property comprised in such deed is not given or not agreed to be given.

4/Explanation I I. 4[Explanatlon
A mortgagor who gtves gives to the mortgage a power power of attorney to collect rents or a lease of the property mortgaged or part th ereof. Is eemed to give thereof. is d deemed possession within the meaning of this this Articlel 4[Explanation 4[Explanation n II . For e For the the purpose purpose of of this this article, article. th the expression expression "residenlial "residential purpose" purpose" means means and and Includes includes acuqirlng acuqiring of of land, land. construciLng, construcitng, purchasing purchasing or or reparing repanng a a "I dwelling dwelling house house for for own own use. use,"]
1. 1. These These words wordswere were Inserted inserted bu bu Guj. Guj. 13 13 of of 1994 1994 ss. . 12(12) 12(12) (II 0) (II) (II) 2. The The words words Is is 'or 'or Is is not" not" de deleted by GUJ. Guj. 13 13 of of 1994 1994 s. s . 12(12) 12(I2) (1 (1) (I) aand substituted by by GUJ. Guj. Act Act 2. leted by 1 (1) nd substituted No. No. 19 19 of of2001 2001 set:. sec . 6(4) 6(4) (I) (I) w.e.f. w.eJ. 1-9-2001 1-9-2001 3. TheM: These words words were were subeltuted Bubsltuted by by 80m. Bom. Stamp Stamp (GuJ. (Guj. Amendment) Amendment) Act, Act. 2006 2006 Sec. Sec. 55 (28(a)) (28(a)) 3. w_e.f. w.e.f. 1-4-2006 1-4-2006 4. The The existing existing Explanation Explanation shall shall be be re-n re-numbered as Explanation Explanation I I and and after after Explanauon Explanation I I as as SO so 4. umbered as renu mbered. explanation. renumbered. Explanation.IIII&& ill IIIwas wasInserted insertedby byGuJ. GuJ .99of of1998 1998Sec. Sec. 44 fbI (b) w.e.f. w.e.f. 1-8-98. 1-898. anddeleted deletedby byGuJ. GUJ .Act. Act. No. No.19 19of of2001 2001Sec. Sec.6(4)(i1) 6(4)(i1)w.e.f. w.e.f.1-9-2001. 1-9-2001.and andagai again ExplanationIII!Inserted Inserted and n Explanation by byGuJ. GuJ. 15 15of of2003 2003Sec. Sec.44(2)(b) (2)(b)w.ef. w.ef. 1-4-2003. 1-4-2003 . -+... with withAddltOD Addltonduty duty40% 40%on ODproper properduty duty asper perSec_ Sec.3A 3AI.e. i.e.4.90% 4.90%

a.

Art.3738 3738 Art.

GujaratStamp StampAct. Act, 1958 1958 Gujarat

S/25 5/25

Description of ofInstrument Instrument Description

'He) when when aa collateral collateral or orauxilliary auxllliaryor or tile} additional or substituted additional or substituted security, or or by by way way of of further further security. assurance for for the the above above assurance mentioned purpose purpose where where the the mentioned principal or primary security is principal or primary security is duly stamped. duly stamped. Exemptions Exemptions (I) Instrument Instrument executed executed by by persons persons (1) taking advances advances under under the the Land Land taking Improvement Loans Loans Act. Act, 1883 1883 Improvement (XIX of 1883.) or the Agticul (XIX of 1883.) or the Agricul turists' Loans Loans Act, Act, 1884, 1884. (XlI (XII of of turists' 1884.) or by their sureties sureties as security for the repayment of such advances.

Proper ProperStamp-duty Stsmp-duty

five five rupees rupees for for every every sum sum Rs. Rs. 100 100 secured secured or or part part thereof. thereof.

(2) Letter of hypothecation accompanying a bill of exchange. 37. MORTGAGE OF A CROP. CROP including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop whether the crop is or is is not in in existence existence at at the the time time of of mortgage mortgage fa} (a) when when the the loan loan is is repayable repayable not not more more than than thr.ee three months month. from from the the date date of of the the instrument, instrument. (b) (bl When When the the loan loan lis is repayable repayable more more than than three three Dlonths nlontha but but not not more than elghteeD months more than el.ghteen months from from the the date date of of the the instrument. Instrument. 38. 38. NOTARIAL NOTARIAL ACT. ACT. that that is is to to say, say. any anyinstrument. instrument. endorsement. endorsement. note, note, attestation, attestation. certificate certificate or or entry entry not not being a Protest (No. 46) being a Protest (No. 461 made made or or signed signed by byaa Notary Notary in inthe theexecution execution of , or ofthe theduties dutiesof ofhis. hisoffice office, orby byany any other other person person lawfully lawfully acting acting as as aa Notary. Notary.
I

2[Fifty paise] paise) for for every every sum sum of of Rs. Rs. 100 100 2[Fifty or part thereof secured by such or part thereof secured by such mortgage. mortgage. One rupee rupee for for every every sum sum of of Rs. Rs. 100 100 or or One part thereof thereofsecured secured by by such such mortgage. mortgage. part

111Wenty rupee.1 rupee.) IITwenty

I.I. Original . 13 . 1l{12) Originalclause clauseIb) (bjwas wasrel(,ttered relt,tteredas asclause clauseleI (elby byGuj Guj. 13of of1994 1994SS. 11(l2j(2) (2) 2. These Thesewords wordswere weres subslt utedfor for'Twenty 'Twenty fivepaise' palae'by by 80m.Stamp Stamp(Guj. (GuJ.Amendment) Amendment) Act, 2. ubsituted five Bom. Act, 2006 2006Sec. See.55(29J (29)w.e.f. w.e.f. 1-4-2006 142006