Articles 58 and 64 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Articles 58 and 64 are the Schedule's entries for a settlement and for a trust. Article 58 charges an instrument of settlement (including a deed of dower) and the revocation of a settlement. Article 64 charges a declaration of trust and the revocation of a trust. Both use the bond scale of Article 15, and both cap the duty on revocation and, for Article 64, on declaration.
A settlement is charged at the bond duty (Article 15) on a sum equal to the amount or value of the property settled, as set forth in the settlement; a revocation of settlement is charged on the same scale but not above ten rupees. A declaration of trust is charged on the bond scale, not above fifteen rupees, and a revocation of trust not above ten rupees. These are the central text's measures, not the duty payable today: stamp duty on most instruments is fixed by the law and schedule of the State where the instrument is executed. A will is outside both Articles.
This article is based on the consolidated text of the Act consulted (latest amendment shown: Act 13 of 2021). Later amendments should be checked. Stamp duty on most instruments is fixed by the law and schedule of the State where the instrument is executed, so check that State's schedule; this article explains the central Act only.
A note on how the copy prints Article 58
For Articles 58 and 65 the copy prints the duty column out of line with the descriptions. The duty of Article 58A is printed above its row, and "Four annas" printed near the end of Article 64 belongs to the next Article (the warrant for goods), not to Article 64. The official text should be checked.
Article 58: settlement
Article 58 is headed "Settlement". Section 2(24) of the Act defines "settlement"; see our article on the definitions of conveyance, bond, lease, mortgage-deed and settlement.
| Article | Description of instrument as printed | Proper stamp-duty as the central Schedule prints it | Exemptions as printed |
|---|---|---|---|
| 58A | Instrument of settlement (including a deed of dower) | The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property settled as set forth in such settlement | Deed of dower executed on the occasion of a marriage between Muhammadans |
| 58B | Revocation of settlement | The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the Instrument of Revocation but not exceeding ten rupees | None printed |
The proviso to 58A. Where an agreement to settle is stamped with the stamp required for an instrument of settlement, and an instrument of settlement in pursuance of the agreement is subsequently executed, the duty on that instrument "shall not exceed eight annas".
The omitted exemption. The copy prints a row of asterisks after exemption (a), and the footnote says "Exemption (b) omitted by the A.O. 1937". We say nothing about what it provided.
Cross-entries. The copy prints "Dower — Instrument of. See Settlement (No. 58)" and "Revocation of any trust or settlement. See Settlement (No. 58); Trust (No. 64)". Article 17 (cancellation) also points to Revocation of Settlement (No. 58-B) and Revocation of Trust (No. 64-B).
If you are preparing a settlement or trust document and want the Article identified first, our agreement drafting service can read it with you.
Article 64: trust
Article 64 is headed "Trust".
| Article | Description of instrument as printed | Proper stamp-duty as the central Schedule prints it | Exemptions as printed |
|---|---|---|---|
| 64A | Declaration of, or concerning, any property when made by any writing not being a will | The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding fifteen rupees | None printed |
| 64B | Revocation of, or concerning, any property when made by any instrument other than a will | The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding ten rupees | None printed |
The copy ends the Article with "See also Settlement (No. 58)". "Four annas." printed beside the end of Article 64 is the duty of Article 65, as noted above.
Two features stand out. First, both Articles exclude a will; a will is a separate matter, and our page on stamp duty on a will deals with it. Secondly, the caps are fixed sums: fifteen rupees on a declaration of trust and ten rupees on each revocation. They apply "but not exceeding", so the bond-scale figure is used where it is lower than the cap, and the cap where it is higher.
How the Articles are chosen
A settlement under Article 58 and a declaration of trust under Article 64 can look alike: both put property in the hands of someone for the benefit of another. The Schedule treats them as different instruments with different caps, and the Act's definitions should be consulted. Section 2(24) defines "settlement"; the Act contains no separate definition of "trust" in section 2. When an instrument is both a settlement and a declaration of trust, section 6 (highest of the duties) and section 4 (several instruments in one transaction) are the sections to look at; see our article on section 4.
For the creation and revocation of trusts as a matter of trust law, see our articles on section 6 of the Indian Trusts Act, 1882 and sections 78 and 79.
Who bears the stamp expense
Section 29(a) names Article 58 (Settlement). In the absence of an agreement to the contrary, the person drawing, making or executing the settlement bears the expense of the proper stamp. Article 64 is not named in the list that the copy prints, so the residual clause (m) is the one to check.
An example with invented names
Savita Rao settles ancestral property valued at Rs. 5,000 on her grandchildren by a registered settlement deed. Article 58A charges the bond duty on a sum equal to the value of the property settled as set forth in the deed. That is the Article 15 scale, which at that value runs well above the small bands: the central Schedule prints the scale, and the State fixes the duty actually payable. If she had first signed an agreement to settle, stamped with the stamp required for a settlement, the proviso would hold the later settlement to eight annas.
Later Savita revokes the settlement by deed. Article 58B uses the same bond scale on the value of the property concerned, but "not exceeding ten rupees". Had the matter been a declaration of trust over the same property, Article 64A would apply with a cap of fifteen rupees, and a later revocation of that trust Article 64B with a cap of ten.
What the text does not say
The copy consulted does not explain when a settlement becomes a trust. It prints no State figures. Anything about how a particular State treats family settlements or trusts is outside the central text.
Need help with a settlement or trust deed?
If you are creating, changing or revoking a settlement or a private trust and want the instrument read against these Articles, our team can help under our agreement drafting service. We identify the Article first and then the State's schedule.
Key takeaways
- Article 58A charges a settlement (including a deed of dower) at the bond duty on the value of the property settled; Article 58B charges revocation, capped at ten rupees.
- Article 64A charges a declaration of trust, capped at fifteen rupees; Article 64B charges revocation, capped at ten rupees.
- A deed of dower on a marriage between Muhammadans is exempted under Article 58A.
- An agreement to settle already stamped limits the later settlement to eight annas.
- All amounts are the central text's; the State where the instrument is executed fixes the duty payable.
Read next
- Articles 46, 39 and 10 of Schedule I: partnership deed, dissolution, memorandum and articles of association
- Articles 31, 33, 45 and 55 of Schedule I: exchange, gift, partition and release
- Stamp duty on trust deed
- Specimen deed of revocation of trust: when and how
Disclaimer: Based on the consolidated text of the Indian Stamp Act, 1899 published by the Department of Revenue, whose latest amendment shown is Act 13 of 2021, as consulted on 2 October 2026. Only the central text is covered: stamp duty on most instruments is fixed by the law and schedule of the State where the instrument is executed, and State amendments, rules, notifications and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.