Section 25: Valuation in case of annuity, etc.

Indian Stamp Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1899

Legal Commentary & Landmark Judgments: Section 25

Section 25 of the Indian Stamp Act, 1899 prescribes the statutory formula for assessing ad valorem duty on conveyances or instruments executed to secure annuities or periodic payments, establishing fixed statutory multipliers based on whether payments are for a definite period, perpetual, or life-contingent.

  • Definite Term Annuities: Where the annuity or periodic payment is for a definite period, the chargeable consideration or secured amount is deemed to be the total aggregate amount payable over that definite term.
  • Perpetual and Indefinite Annuities (20x Multiplier): Where the annuity or payment is in perpetuity or for an indefinite period not terminable with life, the chargeable value is statutorily fixed at 20 times the annual payment amount.
  • Life-Contingent Annuities (12x Multiplier): Where the annuity or periodic payment is payable for the life of any person, the chargeable value is statutorily deemed to be 12 times the annual payment amount.
Key Landmark Precedents:
  • Chief Controlling Revenue Authority v. B.R. Dalmia AIR 1971 Del 275: The Delhi High Court held that Section 25 provides an artificial statutory valuation rule for periodic payments and life annuities; the revenue cannot deviate from the 12-times or 20-times formula by resorting to actuarial or speculative valuations.
  • In Re: Parameswara Iyer AIR 1954 Mad 982: The Madras High Court affirmed that maintenance deeds and settlement deeds securing monthly or annual payments during the lifetime of a beneficiary must be valued strictly under Section 25(c) at 12 times the annual quantum for stamp duty purposes.
Courtroom Practice & Strategic Litigation Guidance:

In matrimonial settlement agreements, family maintenance deeds, or lifetime commercial annuity contracts, structure payment covenants clearly as life annuities or fixed-term annuities. In the recitals, apply the statutory multiplier under Section 25(c) (12x annual sum) to determine the precise stamp duty, protecting the settlement from arbitrary valuation by the Sub-Registrar.