09 October, 2020

Question:- Distinguish between executed and execution under the Indian Stamp Act, 1899.

Answer:- Executed/Execution [Section 2(12)]. The words ‘executed’ and ‘execution’, used with reference to the instruments mean ‘signed’ and ‘signature’ and includes attribution of electronic record within the meaning of Section 11 of the Information Technology Act, 2000.

Signature includes mark by an illiterate person.[Section 3(52), General Clauses Act, 1897]

An instrument which is chargeable with stamp duty only on being “executed” is not liable to stamp duty until it is signed.

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