Which instrument falls outside the definition of lease in section 2(16) of the Indian Stamp Act, 1899, as applicable in Himachal Pradesh?
Question and options
Which instrument falls outside the definition of lease in section 2(16) of the Indian Stamp Act, 1899, as applicable in Himachal Pradesh?
A patta
A written undertaking to pay rent for immovable property that is not a counterpart of a lease
A mortgage deed under which possession is delivered to the mortgagee
An instrument letting tolls and a written endorsement granting a lease application
Answer and explanation
Section 2(16) of the Indian Stamp Act, 1899 includes in “lease” a patta, a kabuliyat or other written undertaking (not being a counterpart of a lease) to cultivate, occupy or pay rent for immovable property, an instrument letting tolls, and a writing on a lease application signifying that it is granted. A mortgage deed, even one delivering possession to the mortgagee, is not listed there; it is a separate instrument defined in section 2(17) and charged as a mortgage-deed.
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Himachal Pradesh Judicial Services
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