Trust deed for religious and charitable property treated as settlement under the Stamp Act's higher duty rule.

An instrument styled as a trust deed that effects a non-testamentary disposition of immovable property for religious and charitable purposes falls within the Stamp Act definition of a "settlement". The substance of the document, not its label, determines liability; where the writing records such a disposition by way of declaration of trust or otherwise, it is covered by section 2(24). Because the instrument answered two possible stamp descriptions and the duties differed, section 6 required the higher duty to be applied. It was therefore chargeable as a settlement under article 58 of Schedule 1B, not merely as a declaration of trust under article 64.

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Issues: Whether an instrument styled as a trust deed, but effecting a non-testamentary disposition of immovable property for religious and charitable purposes, is chargeable as a settlement under the Indian Stamp Act, 1899, or as a declaration of trust.

Analysis: The definition of "settlement" in section 2(24) of the Indian Stamp Act, 1899 covers any non-testamentary disposition in writing of movable or immovable property made for religious or charitable purposes, and also includes an instrument recording such disposition by way of declaration of trust or otherwise. The document transferred immovable property for religious and charitable objects, and its form as a trust deed did not exclude its substance as a settlement. Where an instrument answers two descriptions in the Stamp Act and the duties differ, section 6 requires adoption of the higher duty.

Conclusion: The instrument is chargeable as a settlement under article 58 of Schedule 1B to the Indian Stamp Act, 1899, and not merely as a declaration of trust under article 64.

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