Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
March 4, 2011

Deeds of Gift Again – Part 3

Last week we looked at further provisions in the Stamp Act. This week, we will look at the declaration that the lawyer who is drafting the Deed of Gift has to make and provisions made for any one who violates the law.

Solemn Declaration

Subsection 4 of Section 24 requires the lawyer (legal practitioner) drafting the document to make a solemn declaration.{{more}} The lawyer declares that to the best of his “personal knowledge, information and belief, after all due and diligent and proper inquiries, the transaction is a bona fide transfer of property.” (bona fides means in good faith). It further declares that it is “a voluntary disposition and there is no consideration in money or money’s worth.”

Penalty

Subsection 5 of Section 24 is the provision for those persons who violate the law. It states that a person who makes a statement with intent to deceive or who makes a reckless statement to cause a document to be registered without paying the requisite stamp duty shall be guilty of an offence. The person need not be a party to the transaction, that is, the party is not named on the document. Upon conviction, the person will be liable to a fine of three times the amount of the stamp duty that is payable. Moreover that person will be liable to a term of imprisonment for three years. The Registrar could also recover from the parties to the transaction three times the amount of stamp duty that was payable on the deed of gift.

Valuation

Stamp duty is ordinarily determined on the value of the property in the open market at the time of the transaction. This value of the property will be that in the opinion of the Registrar. In forming her opinion, she would be guided by the professional. Hence she may require the party to provide a valuation. If she is satisfied with the valuation, then she can make an assessment of the stamp duty. If she is not satisfied, then she could require the Commissioner of Estate Duties to make an assessment. The owner or person in charge of the property must allow the authorized persons from the valuation office to inspect the property for the purpose of the valuation. If a person is not satisfied with the valuation arrived at, that person may appeal to the High Court.

The valuation officer in collaboration with the Chief Surveyor determines the value of property presented. Valuation of property is a regular procedure in order to arrive at the stamp duty in conveyance for sale. The lawyer normally makes a declaration. If the value is approved, the document is signed by the inspector and the Chief Surveyor. This document is attached to the deed.

New arrangements

It is intended to have the Registrar take a more active role in deciding about the allocation of the exemption. The Registrar is to assume the role of the lawyer, not in drafting the document, but in making the necessary inquiries. In other words, the Registrar must now require the birth certificate of the recipient to determine whether he or she is eligible for the exemption. Brothers and sisters will no longer get the exemption from the stamp duties, but the other categories have been retained.

Ada Johnson is a solicitor and barrister-at-law.
e-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    PM Gonsalves confident  of election victory in  November
    Front Page
    PM Gonsalves confident of election victory in November
    Webmaster 
    October 31, 2025
    With general elections set to take place in St Vincent and the Grenadines on November 27,2025 leader of the Unity Labour Party, Dr Ralph Gonsalves, is...
    Tax reductions, increased pay  top list of  Independence ‘goodies’
    Front Page
    Tax reductions, increased pay top list of Independence ‘goodies’
    Webmaster 
    October 31, 2025
    Tax reduction, increase in allowances, and promotions are among the main features in what is commonly referred to as the Independence “goodies bag” an...
    Election  machinery  in high gear
    Front Page
    Election machinery in high gear
    Webmaster 
    October 31, 2025
    As the Vincentian electorate prepares to go to the polls in general elections on Thursday, November 27, 2025, the wheels involved in the electoral pro...
    Man found in Fenton Mountain was strangled, devastated family says
    Front Page
    Man found in Fenton Mountain was strangled, devastated family says
    Webmaster 
    October 31, 2025
    The family of a 24- year- old male, who allegedly was strangled to death and his body left at the Fenton Mountains in a car alongside that of a woman,...
    Cultural Ambassadors ‘Elated’ on their elevation
    Front Page
    Cultural Ambassadors ‘Elated’ on their elevation
    Webmaster 
    October 31, 2025
    Recognised among eight cultural ambassadors last Monday, October 27,2025, carnival mas band leader of High Voltage, Kingsley “Whiteman” Collis, and mu...
    Thief says prison is not for people like him
    Front Page
    Thief says prison is not for people like him
    Webmaster 
    October 31, 2025
    A young man convicted as a thief has told a Senior Magistrate that if he is sent to prison, he may be influenced to commit other types of crimes as th...
    News
    NDP’s Shevern John outlines plans for North Windward
    News
    NDP’s Shevern John outlines plans for North Windward
    Webmaster 
    October 31, 2025
    New Democratic Party(NDP) candidate, Shevern John, has outlined numerous plans for the constituency of North Windward which she is contesting in the u...
    Gibson-Velox proclaims longevity for a victorious NDP
    News
    Gibson-Velox proclaims longevity for a victorious NDP
    Webmaster 
    October 31, 2025
    The candidate of the New Democratic Party (NDP) for the West St George Constituency, Laverne Gibson-Velox claims that St Vincent and the Grenadines is...
    Civil war in Venezuela a problem for SVG says PM Gonsalves
    News
    Civil war in Venezuela a problem for SVG says PM Gonsalves
    Webmaster 
    October 31, 2025
    A civil war, or any war in Venezuela will not only be problematic for the Nicolas Maduro-led nation but will create serious security concerns for coun...
    Chauncey/Kingstown man breaks into prison, gets one year jail time
    From the Courts, News
    Chauncey/Kingstown man breaks into prison, gets one year jail time
    Webmaster 
    October 31, 2025
    A man from Chauncey and Kingstown who broke into His Majesty’s Prison and was trapped inside for approximately two hours after he was unable to escape...
    Government dissatisfied with developers on Canouan
    News
    Government dissatisfied with developers on Canouan
    Webmaster 
    October 31, 2025
    Prime Minister Dr Ralph Gonsalves has indicated the need for a serious conversation with the developers in the north of Canouan, as things are not goi...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok