Regarding required stamp

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This query is : Resolved

Divyesh Ajmera (Querist)

22 April 2025 In case of retirement cum addmission partnership deed, alteration - increase in capital stamp is required or any other stamp?

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

12 August 2025 Stamp Duty on Partnership Deed Alteration (Including Retirement & Admission)
Nature of Deed:

It is an alteration or modification of the existing partnership deed.

Usually treated as a supplementary deed or amendment deed.

Stamp Duty Implication:

Stamp duty is generally payable on the incremental capital contribution or increase in capital.

If the deed only records retirement and admission but also increases capital, the duty is calculated on the additional capital introduced.

In some states, the entire capital may be considered for duty if the deed is registered as a fresh deed.

If it’s an amendment deed, duty is payable only on the alteration portion.

Stamp Type:

Usually a Stamp Paper (non-judicial) of value as per the applicable state Stamp Act.

Some states require adhesive stamps plus a stamp paper for partnership deeds.

Registration:

Partnership deeds and their amendments are generally not compulsorily registered but stamp duty is mandatory.

Check local state law for specific registration requirements.

Practical Steps:
Calculate increase in capital amount.

Refer to your state's Stamp Act for applicable rates on partnership deeds or alterations.

Pay stamp duty on the increase in capital or as prescribed for amendment deeds.

Draft the alteration deed on appropriate stamp paper showing admission, retirement, and capital changes.

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