‘Lease’ under the Indian Stamp Act, 1899

Lease [Section 2(16)]: Lease means a lease of immovable property and also includes:

(a)  a patta;

(b)  a kabuliyat or other undertaking in writing, not being a counterpart of a lease to cultivate,  occupy or pay or deliver rent for, immovable property;

(c)  any instrument by which tolls of any description are let;

(d)  any writing on an application for a lease intended to signify that the application is granted.

A patta is an instrument given by the Collector of District or any other receiver of the revenue, to the cultivator, specifying the condition or conditions upon which the lands are to be held and the value or proportion of the produce to be paid therefore.

A Kabuliyat is executed by the lessee, accepting the terms of the lease and undertaking to abide by them. Although, it is not a lease u/s 105 of the Transfer of Property Act, it is expressly included in the definition for the purposes of the Stamp Act.

Toll is a tax paid for some liberty or privilege, such as for passage over a bridge, ferry, along a highway or for the sale of articles in a market or fair or the like. It does note include octroi or chungi.

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