The Allahabad High Court has held that Section 47-A (3) of the Indian Stamp Act cannot be invoked where the property has been transferred by way of gift deed as Section 47-A is applicable to those.
The Allahabad High Court has held that where revenue has illegally detained excess stamp duty collected by the authorities under the Indian Stamp Act, 1899, interest must be paid by the Government.
One should also consider the cost-saving benefits of stamp duty exemptions available across states for property transfers or gifts between siblings, say experts
The apex court has opined that an arbitration clause in an unstamped or insufficiently stamped contract cannot be considered valid until the parties have duly complied with the stamp duty obligations.