For residential use with an area more than 300 sq. feet
5% of the market value of the property depending upon the location of the property
For residential use with an area up to 300 sq. feet
₹ 200 per sq. metre
(g-e)
Relating to hire purchase
Same duty as on a Lease (Article 36)
(h) (i)
Relating to certain advertising contracts
0.25% if the amount agreed is up to ₹ 10 lakh and 0.5% if the amount exceeds ₹ 10 lakh
NIL
(ii)
Relating to contracts for exclusive broadcasting / exhibition rights of a film
(iii)
Relating to specific performance by a person where contract > ₹ 100,000
(iv)
a) Amount does not exceed ₹ 100,000
b) In other cases
0.25% minimum ₹ 100
0.5% of the amount exceeds
(v)
Relating to assignment of Copyrights
0.25% of amount agreed up to ₹ 10 lakh other case 0.2% of amount agreed
(vi)
Relating to creation of any obligation, right or interest and having monetary value
0.10% if the amount agree is up to ₹ 10 lakh and 0.20% if the amount exceeds ₹ 10 lakh
General (not otherwise provided for)
₹ 100
6
Deposit of title deeds securing amount of loan or for pawn, pledge or hypothecation securing amount of loan
₹ 1 for every ₹ 1,000 (approx. 0.1%) or part thereof of the amount secured by the deed if the amount secured is up to ₹ 5,00,000 and
₹ 2 for every ₹ 1,000 (approx 0.2%) in all other cases. The maximum duty is ₹ 10 lakh
On the share capital, thereof subject to a nominal capital or increased share capital ( S. 25 companies)
0.2% subject to a maximum of ₹ 50,00,000
12
by an Arbitrator or Umpire (not being an Award directing a Partition)
₹ 500
( : Revocation of will)
₹ 500
(Shares, Scrip, Stock, etc. on face value and premium)
₹ 1 for every ₹ 1,000 or part thereof (approx. 0.1%)
24
Composition Deed
₹ 500
₹ 15 for every ₹ 500 or part thereof (approx. 3%)
(b) (A)
Duty on every ₹ 500 of Market Value
Within the Municipal limits of any urban area
5% of market value of property
Within the limits of any Municipal Council / Panchayat /Cantonment of any area within MMRDA
5% of market value of property
Within the limits of any Gram Panchayat
4% of market value of property
(c)
High Court order u/s. 394 of the Companies Act, in respect of amalgamation or reconstruction of companies
10% of market value of shares allotted in exchange and consideration if any paid but not exceeding the higher of:
Recent Amendment as modified up to 5th December, 2018
Notwithstanding anything contained in any judgment, decree or order of any court validation to the contrary or in the principal Act, stamp duty assessed, levied and collected, including any action taken in pursuance of such assessment, levy and collection by the authorities under the said Act, acting or purporting to act under the provisions of article 25 in the Schedule I to the principal Act shall be deemed to have been validly levied and collected in accordance with law as if the provisions of the said article 25, as amended by the Maharashtra Stamp (Amendment and Validation) Act, 2017 (hereinafter in this section referred to as “ the Amendment Act ”) had been continuously in force at all material time and accordingly,—
(2) For the removal of doubt, it is hereby declared that nothing in sub-section (1) shall be construed as preventing a person,—
₹ 10
Maximum ₹ 100
in respect of duties payable/pursuant to Order of any Excise/Customs Officer
₹ 500
₹ 100
Same duty as on a conveyance but on the market value of that property which has the greater value
(other than a settlement, will or transfer)
Same duty as on conveyance. In case of a gift to spouse, brother, sister, lineal ascendants or descendants @ 3% of market value
Gift of residential/agricultural property to spouse, children or grand-children or wife of deceased son
₹ 200
₹ 500
including sub-lease:
a)
Same Duty as on conveyance on the following values:
For a term not exceeding 60 months with or without a renewal clause
0.25% of the total sum of following:
₹ 1
a) if accompanied with Articles of Association
b) if not so accompanied
₹ 1,00
Same duty as on Articles of Association under Article 10 ₹ 1,000
2% subject to maximum of ₹ 50,00,000
a)
Where possession is given
Same duty as on conveyance on the amount secured by the deed
b)
Where possession is not given
₹ 5 for every ₹ 1,000 or part thereof (approx. 0.5%); subject to a maximum of ₹ 10,00,000 and a minimum of ₹ 100
(attestation, etc., by Notary Public)
₹ 25
Special Points :
₹ 10 for every ₹ 500 or part thereof (approx. 2%) of the market value of the separated share or shares of property.
including an LLP, Joint Venture to run a business, earn profits and to share profits, whether in cash or in kind
No contribution or cash contribution < ₹ 50,000
₹ 500
Cash Contribution > ₹ 50,000
1% subject to a maximum of ₹ 15,000
Contribution by way of property (not cash)
Same as on a conveyance on the market value of property
Same as on a conveyance on the market value subject to a minimum of ₹ 100
₹ 500 (w.e.f. 24-4-2015)
a. For sole purpose of registration
b. For suits in small causes court
c. For acting in a single transaction to one or more person [other than stated in 48(4)]
d. For acting in more than one transaction or generally to one person
e. For acting in one or more transactions or generally to one or more persons
f. (i) For or without consideration and authorising to sell an immovable property
(ii) For authorising to sell immovable property without consideration and given to parents, siblings, spouse, children, grand children, father-in-law, mother-in-law and siblings of the spouse
g. For construction, development, sale etc. to a developer or promoter
h. In any other case
₹ 500
₹ 500
₹ 500
₹ 500
₹ 500
Same as on a conveyance on the market value
₹ 500
See special points below:
₹ 500
whereby a person renounces a claim upon other person or property
If the release is of an ancestral property in favour of certain specified relatives without any consideration
Every other Case
₹ 200
Same duty as on a conveyance as on the market value of the share, interest or part renounced
or mortgage deed
₹ 5 for every ₹ 1,000 or part thereof (approx. 0.5%) of the amount secured Maximum ₹ 10,00,000
₹ 200
Same duty as on a Conveyance on amount of consideration
of marketable debentures
Re. 0.50 for every ₹ 100 (approx. 0.05%) of the consideration amount of debentures
by way of assignment (See article 36)
Same duty as leviable on a lease deed for the balance tenure of the lease.
a) Where there is disposition of property
i) For charitable or religious purpose
2% of the sum settled or market value of the property
ii) In any other case where there is disposition of property
Same as on a conveyance on the amount settled or market value of the property
b) Where there is no disposition of property
In any other case
₹ 500 (Same duty as bond (Article 13)
for material and labour involving a transfer of property in goods
Where the contract value does not exceed ₹ 10 lakh
₹ 500
Where the contract value exceeds ₹ 10 lakh
₹ 500 + 0.5% of the contract value above
₹ 10 lakh. The maximum duty is ₹ 25 lakh
| of shares in incorporated company or other body corporate | 25 paise for every ₹ 100 or part thereof (approx. 0.25%) of value of shares |
| Bill of lading | ₹ 1 |
| Receipt Value or amount which exceeds ₹ 5,000 with payment for collection | ₹ 1 |
[As amended by Maharashtra Court-fees
(Amendment) Act, 2017]
(Wherever Applicable)
|
|
---|---|
₹ 10,000 | ₹ 1,505 |
₹ 25,000 | ₹ 3,530 |
₹ 50,000 | ₹ 5,130 |
₹ 75,000 | ₹ 6,130 |
₹ 1,00,000 | ₹ 7,330 |
Over ₹ 1,00,000 and up to ₹ 10,00,000 | ₹ 7,330 + ₹ 400 for every ₹ 10,000 or part thereof (approx. 4%) |
₹ 10,00,000 | ₹ 42,930 |
Over ₹ 10,00,000 and up to ₹ 25,00,000 | ₹ 42,930 + ₹ 4,500 for every ₹ 1,00,000 or part thereof (approx. 4.5%) |
₹ 25,00,000 | ₹ 1,10,430 |
Over ₹ 25,00,000 | ₹ 1,10,430 + ₹ 5,000 for every ₹ 1,00,000 or part thereof (approx. 5%) up to a maximum of ₹ 10,00,000 (maximum fees) |
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On 9 February 2021 the Maharashtra governor promulgated the Maharashtra Stamp (Amendment and Validation) Ordinance 2021 with immediate effect. The ordinance introduced two key amendments to the Maharashtra Stamp Act 1958 concerning:
On 9 December 2020 the Maharashtra Cabinet discussed and approved these amendments.
Stamping of instruments relating to several distinct matters or transactions
Section 5 of the Maharashtra Stamp Act, which deals with the stamping of various instruments that relate to several distinct matters, has been amended retrospectively with effect from 11 August 2015. The section now includes instruments that relate to not only distinct matters but also distinct transactions.
The Maharashtra Stamp (Amendment and Validation) Ordinance aligns with the interpretation adopted by the Supreme Court in Chief Controlling Revenue Authority v Coastal Gujarat Power Ltd . In this case, the court held that a single mortgage deed which had been executed in favour of a security trustee for the benefit of 13 lenders had to be construed as 13 distinct transactions and stamped accordingly for each transaction.
In Navi Mumbai SEZ v State of Maharashtra , it was contended on similar facts that the wording of the Gujarat Stamp Act 1958 and the Maharashtra Stamp Act was different – the term 'distinct transactions' was not used in the Maharashtra Stamp Act. Relying on past precedents, the Bombay High Court held that the phrase 'distinct matters', which appears in Section 5 of the Maharashtra Stamp Act, is equivalent to the phrase 'distinct transactions'. Therefore, stamp duty should be levied in accordance with the principles set out in Coastal Gujarat Power .
The Maharashtra Stamp (Amendment and Validation) Ordinance has clarified the courts' stance that instruments which cover two or more distinct transactions – that cannot blend into one and be construed as part of a single transaction – must be stamped individually. Since the amendment to Section 5 of the Maharashtra Stamp Act is retrospective, parties must ensure that any such instruments executed after 11 August 2015 are adequately stamped.
Changes in stamp duty rates
The Maharashtra Stamp (Amendment and Validation) Ordinance amends and makes uniform the rates applicable to agreements that relate to the deposit of:
These changes seek to remedy the increase in stamp duty evasion resulting from the differences between the stamp duty rates of these instruments. These changes are prospective in nature, unlike the retrospective amendment to Section 5.
The following table shows the Maharashtra Stamp (Amendment and Validation) Ordinance amendments to stamp duty rates.
|
|
|
|
1 | Article 6(1)(b) – agreements that evidence deposit of title deeds to secure repayment of debt exceeding Rs500,000 | 0.2% of the amount secured by the deed, up to a maximum of Rs1 million | 0.3% of the amount secured by the deed, up to a maximum of Rs1 million |
2 | Article 6(2)(b) – agreements that evidence pawn, pledge or hypothecation of movable property to secure repayment of debt exceeding Rs500,000 | 0.2% of the amount secured by the deed, up to a maximum of Rs1 million | 0.3% of the amount secured by the deed, up to a maximum of Rs1 million |
3 | Article 6(3) – instruments that are executed as a collateral, auxiliary or additional security where the proper duty has been paid on the principal or primary security | Not applicable | Rs500 |
4 | Article 40(b) – mortgage deeds where the mortgager does not give or agree to give possession | 0.5% of the amount secured by the deed, up to a maximum of Rs1 million | 0.1% of the amount secured by the deed or a minimum of Rs100 if the amount secured by the deed does not exceed Rs500,000 0.3% of the amount secured by the deed, up to a maximum of Rs1 million, if the amount secured by the deed exceeds Rs500,000 |
It was inevitable that changes would be introduced to stamp acts across the country to align them with the court's view in Coastal Gujarat Power . Market practice in financial transactions generally took this view into account anyway: stamp duty calculations are usually based on the number of lenders or banks that are involved in the security documentation.
It remains to be seen whether the amendment will enable the Revenue Department to apply this view in other cases. For example, in addition to stamp duty being payable based on the number of lenders in cases where there are multiple lenders, it could be argued that additional stamp duty is payable on security documents if there are:
The Maharashtra Stamp (Amendment and Validation) Ordinance has also given legislative effect to the position taken by the Bombay High Court in Navi Mumbai SEZ , and in cases where instruments are stamped in Maharashtra, parties may not disregard the court's view in Coastal Gujarat Power due to the absence of the words 'distinct transactions' in the Maharashtra Stamp Act.
Moreover, since the amendment to Section 5 of the Maharashtra Stamp Act is applicable retrospectively, parties may need to re-examine documents that have been executed for transactions since 11 August 2015 to determine whether they have followed the court's decision in Coastal Gujarat Power . If not, this may result in issues arising during the audit process and documents may require impounding or adjudication pursuant to the provisions of the Maharashtra Stamp Act.
At a glance: termination of employment in india *, q&a: contract termination in india *, in brief: limiting contractual liability in india *, at a glance: electronic contracts in india *, year in review: intellectual property and antitrust in india *.
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On January 20, 2022, the Maharashtra Government passed the Maharashtra Stamp (Amendment) Act, 2021 (“ 2021 Act ”) to amend the Maharashtra Stamp Act, 1958 (“ Act ”). By way of the 2021 Act, following key changes have been introduced in Schedule I to the Act:
|
|
|
|
Article 6 - Agreement Relating to Deposit of Title Deeds, Pawn, Pledge or Hypothecation for an amount exceeding Rs. 5 lacs.
| 0.3 per cent of the amount secured by such deed subject to the maximum of Rs. 10 lacs. | 0.3 per cent of the amount secured by such deed subject to the maximum of Rs. 20 lacs:
Provided that, in case of instrument executed in favour of consortium of banks, the duty chargeable shall not exceed Rs. 50 lacs. | |
Article 33 (Further Charge) -Instrument imposing a further charge on mortgaged property where possession is not given–
(A) if the amount of further charge secured by such deed does not Rs. 5 lacs,
(B) in any other case. | Rs. 1000 for every five hundred or part thereof for the amount of further charge secured by such instrument subject to minimum of Rs. 100 and the maximum of Rs. 10 lacs | 0.1 per cent of the amount of further charge secured by such deed, subject to a minimum of Rs. 100;
0.3 per cent. of the amount of further charge secured by such deed, subject to maximum of Rs. 20 lacs. | |
Article 40 - Mortgage Deed - for an amount exceeding Rs. 5 lacs, when possession is not given or agreed to be given. | 0.3 per cent. of the amount secured by such deed, subject to the maximum of Rs. 10 lacs | 0.3 per cent. of the amount secured by such deed, subject to maximum of Rs. 20 lacs:
Provided that, in case of instrument executed in favour of consortium of banks, the duty chargeable shall not exceed Rs. 50 lacs. | |
Article 54 - Security Bond or Mortgage Deed (i) if the amount secured by such deed does not exceed Rs. 5 lacs,
(ii) in any other case. | 0.5 per cent. for the amount secured by such deed subject to the maximum of Rs. 10 lacs:
Provided that, where on an instrument executed by a person for whom a person stands surety and executes security bond or a mortgage deed, duty has been paid under article 40, then the duty payable shall be Rs. 100. | 0.1 per cent of the amount secured by such deed, subject to the minimum of Rs. 100;
0.3 per cent of the amount secured by such deed, subject to the maximum of Rs. 20 lacs:
Provided that, where on an instrument executed by a person for whom a person stands surety and executes security bond or a mortgage deed, duty has been paid under article 40, then the duty payable shall be Rs. 100. |
Please find a copy of the 2021 Act, here .
This update has been contributed by Nidhi Arya (Partner) and Vansh Aggarwal (Associate).
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Home » Blog » All-About Maharashtra Stamp Duty Amnesty Scheme – Benefits | Processes | Practical Insights
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Table of Contents
If penalty is not paid, then?
Stamp duty payable:
All Instruments provided in Schedule I of Maharashtra Stamp Act, 1958.
Art 5 | Agreement |
Art 10 | Articles of Association of companies |
Art 25 | Conveyance |
Art 34 | Gift |
Art 52 | Release Deed |
Total 63 different types of instruments are covered in the schedule
11th June, 1958:
4th July, 1980:
10th December, 1985:
A. | From beginning of Maharashtra Stamp Act, 1958 till 9.12.1985 | ||
1st Stage | At the time of execution of Agreement for sale Important Note: There was no provision to collect stamp duty leviable on conveyance at the time of agreement for sale. | 5(h) | Rs. 5 |
2nd Stage | At the time of Execution and registration of the conveyance deed or sale deed in the name of the society or the purchaser. Thus full stamp was required to be paid at the time of conveyance and not at the time of agreement. Thus, there was a provision to postpone the liability of payment of stamp duty till the conveyance deed is executed. | 25 | Upto market value of Rs. 50,000/- at 10% Between Market value of Rs. 50,010 to Rs.1,00,000/- at 12% of the value. Above Rs,1,00,000/- at 15% of the value. |
B. | After 10.12.1985 | ||
1st Stage | At the time of execution of Agreement for sale The provision was made to collect the stamp duty applicable on conveyance at the time of agreement for sale only by inserting the explanation 1 to the Article 25. Each agreement for sale was considered as part Conveyance. | Explanation 1 to Article 25 | Stamp duty is payable as part of deemed conveyance |
2nd Stage | At the time of Execution and registration of the conveyance deed or sale deed in the name of the society or the purchaser. Since applicable stamp duty on conveyance was paid at the time of agreement for sale itself, at the time of conveyance nominal stamp duty of Rs.100- per flat is payable at the time of execution and registration conveyance deed | Proviso to Explanation 1 to Article 25 | Nominal stamp duty of Rs.100/- per flat only. |
Eg: Building constructed in 1983 having 100 members and conveyance of building to society done in 2023
80 members bought flat in 1983: In 1983 – Had to pay Rs.5 as stamp duty applicable. In 2023 – Have to pay stamp duty as applicable
20 members bought flat in 1987: In 1987 – Had to pay stamp duty rate applicable. In 2023 – Have to pay Rs.100 only for deemed conveyance.
NOTE: 1% metro cess charged additional applicable since 8-2-2019
7.1 what is the meaning of amnesty.
Revenue and Forest department of Maharashtra has introduced Amnesty scheme to reduce stamp duty and penalties on specified instruments Previous scheme was launched in 2019
Stamp Duty Amnesty Scheme 2023 was introduced and declared by the Govt. of Maharashtra on 7th December, 2023 via Govt order: Mudrank-2023/C.R.No.342/M-1(Policy)
Scheme was launched in Two Phases for agreements between 1st January 1980 – 31st December 2020
Extended on 31st Jan, 2024 by Deputy Secretary – Shri Satyanarayan Bajaj
For Residential/Non–Residential/Industrial use
Related to redevelopment of any dilapidated old buildings or immovable property whose redevelopment is necessary
Any type of document related to:
Any type of instrument executed by:
First Allotment Letter or Share Certificate issued related to residential/non-residential units by Regd. Coop. Society on Government Land or by:
If Instrument between 1st Jan 1980 – 31st Dec 2000 (Schedule – I) Phase I: From 1st December, 2023 to 29th February, 2024
|
| ||
1 | Rs. 1 – Rs. 1,00,000 | 100% (0% to be paid) | 100% (0% to be paid) |
2 | More than Rs. 1,00,000 | 50% (50% to be paid) | 100% |
If Instrument between 1st Jan 1980 – 31st Dec 2000 (Schedule – I) Phase II: From 1st March, 2024 to 31st March, 2024
1 | Rs. 1 – Rs. 1,00,000 | 80% (20% to be paid) | 80% (20% to be paid) |
2 | More than Rs. 1,00,000 | 40% (60% to be paid) | 70% |
If Instrument between 1st Jan 2001 – 31st Dec 2020 (Schedule – II) Phase I: From 1st December, 2023 to 29th February, 2024
|
| ||
1 | Rs. 1 – Rs. 25,00,00,000 (25 Crores) | 25% (75% to be paid) | Penalty < Rs.25,00,000 (25 Lacs) 90% waived off Penalty >= Rs. 25,00,000 (25 Lacs) Rs. 25 Lacs to be paid, rest waived off |
2 | More than Rs. 25,00,00,000 (25 Crores) | 20% (80% to be paid) | Rs. 1,00,00,000 (1 Crore) to be paid, rest waived off |
If Instrument between 1st Jan 2001 – 31st Dec 2020 (Schedule – II) Phase II: From 1st March, 2024 to 31st March, 2024
|
| ||
1 | Rs. 1 – Rs. 25,00,00,000 (25 Crores) | 20% (80% to be paid) | Penalty < Rs.50,00,000 (50 Lacs) 80% waived off Penalty >= Rs. 50,00,000 (50 Lacs) Rs. 50 Lacs to be paid, rest waived off |
2 | More than Rs. 25,00,00,000 (25 Crores) | 10% (90% to be paid) | Rs. 2,00,00,000 (2 Crores) to be paid, rest waived off |
Faq 1. what documents need to be submitted along with application for availing amnesty scheme.
NO REFUND shall be granted
We have to submit application to proper authority to verify the stamp paper along with the Original Copy of the instrument requesting to verify the stamp. The appropriate authority issues a certificate as the case may be.
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Updated : May 1, 2024
At any point, if any movable or immovable resource/asset changes ownership, to get it stamped or legalized - a specific amount of tax has to be paid to the state government, which is known as stamp duty. The Maharashtra Stamp Act states such resources and assets on which the stamp obligation must be paid to the state government. The Act additionally specifies the measure of the amount that is to be paid to the state authorities.
The Bombay Stamp Act, enacted in 1958, is a pivotal legal framework that governs the collection of stamp duties on document-based transactions within Maharashtra. Originally applied to the greater Bombay region, this act became an integral part of Maharashtra's legislative environment following the state's formation in 1960.
This Act mandates the payment of stamp duty, which is essentially a form of tax, on various documents including transfer deeds, agreements, certificates, bonds, and leases. The primary purpose of this duty is to confer legal authenticity to these documents while generating revenue for state administrative functions.
Over the years, the Bombay Stamp Act has been amended multiple times to respond to the dynamic economic conditions and real estate market of Maharashtra. These amendments ensure that the stamp duty rates are adjusted and practices streamlined to enhance compliance and minimise evasion.
The implementation of this Act is crucial for the state as it not only secures revenue but also supports the maintenance of a robust legal documentation system, which is fundamental to the functioning of both governmental and private sector transactions.
The Bombay Stamp Act 1958 now known as the Maharashtra Stamp Act 1958, applies to every one of the agencies that are referenced in Maharashtra Stamp Act Schedule 1, on which the stamp duty is payable to the state. There was an amendment in the Maharashtra Stamp Act recently and the changes are inclusive to the modification of stamp duty on the agreement in Maharashtra on gift deeds, incorporation of electronic payment of stamp duty, an update on penalty clauses, and an increment on the amount of stamp duty under certain instruments provisions.
As of January 25, 2024, there are notable updates regarding the Maharashtra Stamp Act. Firstly, the 1% stamp duty concession for women purchasing residential property continues. This reduction applies to the standard rates, which vary between 2% to 5%, and the previous 15-year lock-in period for beneficiaries was abolished as of May 31, 2023.
Additionally, the Maharashtra government introduced the 'Abhay Yojana' amnesty scheme in December 2023. This scheme, in its second phase until March 31, 2024, allows the regularisation of inadequately stamped documents with reduced penalties. Benefits include a complete waiver of stamp duty and penalties for amounts under Rs. 1 lakh and a 50% waiver on stamp duty with full penalty exemption for amounts over Rs. 1 lakh.
Importantly, the stamp duty rates for the fiscal year 2023-24 remain unchanged from the previous year.
The Maharashtra Stamp Act latest involves several important changes and continuations of previous policies as of 2024:
On 24 April 2015, the original Maharashtra Stamp Act 1958 received the affirmation for it to be called the Maharashtra Stamp Act 2015. There were a few changes made to the Act – the stamp duty rate of certain instruments under Schedule 1 was increased. Therefore, the Maharashtra Stamp Amendment Act 2015 first came into order.
There are various factors that decide the stamp rate duty on property in the state of Maharashtra (or any state). Naming a few of these factors - the locality of the property - urban or rural, the total cost of the transaction, etc. The Maharashtra stamp duty Act 2020, reduced the stamp duty on properties for the next two years. This is only applicable in the areas falling under the Mumbai Metropolitan Region Development Authority (MMRDA) and municipal corporations of Pune, Pimpri-Chinchwad, and Nagpur. This means that stamp duty on properties in Mumbai, Pune, and Nagpur, was charged at 5% (4% stamp duty + 1% metro cess).
Mumbai | 5% (includes 1% metro cess) | 2% | 3% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Pune | 6% (includes transport surcharge and local body tax) | 3% | 4% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Thane | 6% (includes transport surcharge and local body tax) | 3% | 4% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Navi Mumbai | 6% (includes transport surcharge and local body tax) | 3% | 4% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Pimpri-Chinchwad | 6% (includes transport surcharge and local body tax) | 3% | 4% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Nagpur | 6% (includes transport surcharge and local body tax) | 3% | 4% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Stamp Duty on hypothecation agreements in Maharashtra on instruments, pledges and mortgages on home loans in the province of Maharashtra was capped. As per the latest Maharashtra stamp act, the stamp obligation on such instruments is currently covered at a greater stamp duty of Rs. 10,00,000). This revision has been presented with impact from 1 July 2014.
According to the amendments made to the Maharashtra Stamp Act 2015, Article 34 states that 3% of the property’s value is the stamp duty on conveyance deeds (gift deeds). However, if a property – Residential or Agricultural, is gifted without the family having to pay any sum of money, then the stamp duty rate is Rs. 200 as per article 34 of the Maharashtra stamp act.
Gift deed | 3% |
Gift deed for residential/agricultural property passed on to family members | Rs 200 |
Lease deed | 5% |
Power of attorney | 3% for property located in gram panchayat areas and 5% for property located in municipal areas. |
According to Article 35 of Schedule 1 of the Maharashtra Stamp Act 1958, and then the Maharashtra Stamp (Amendment) Act 2015 - the price of the stamp duty on indemnity bonds in Maharashtra is Rs 500.
According to Article 5(h) (A)(iv), the stamp duty on bank guarantee agreements in Maharashtra is –
(i) If the loan amount is less than Rupees Ten Lakh - 0.1% of the amount stipulated in the contract, with a minimum of rupees 100.
(ii) If the amount exceeds Rupees Ten Lakh, the stamp duty on the personal guarantee in Maharashtra – 0.2% of the amount agreed in the contract.
Property registrations saw a dip of 50% in the month of April as compared to that of the month of March after the Maharashtra government restored the stamp duty rate of 5% from 1 April 2021. According to the state government’s data, before the sanctions were to be lifted – in the month of March, Maharashtra (excluding) Mumbai saw a record-breaking spike of 2.13 lakh registrations. While only 90,500 registrations were made till 29 April. Maharashtra stamp duty had a huge impact on property registrations.
Official announcement of the cut of stamp duty on loan agreements in Maharashtra had seen a boost in property sales, especially in Mumbai (Bombay, as we know, is one of the most expensive cities in India). There were many Bollywood A-listers such as Hrithik Roshan and Jahnvi Kapoor who were seen buying properties. Between September 1 and October 17, 2020, luxurious properties were registered across 25 registration offices in Mumbai that were collectively worth 2200 crores.
The Bombay High Court in a recent judgement directed the Government of Maharashtra to reimburse excess stamp duty, within about a month from the date of the receipt of the application. If the authorities fail to do so, they are applicable to pay interest at the rate of 12% p.a. The above order was applicable even on the stamp duty on education loan in Maharashtra.
In a landmark ruling, the High Court decided in favour of Macrotech Developers Ltd and Palava Dwellers regarding their land purchase under 'Integrated Township Projects' in Kalyan and Bhiwandi. These projects qualified for a 50% reduction in stamp duty. The state initially rejected the combining of this discount with another waiver on stamp duty for conveyance agreements, but the High Court ruled that both concessions are applicable concurrently. Consequently, the state was ordered to refund any excess stamp duty paid within a specified timeframe.
Maharashtra Stamp Duty Act has seen various amendments through time. Legal matters may seem hard to keep up with and a little hard to understand, but don’t let that stop you. We at NoBroker are here to help you. Click on the link below and we will assist you on legal matters. If you have any queries, leave them below and our experts will get back to you.
Ans: No, the rate of stamp duty is not the same across the whole state of Maharashtra. The price depends on the location of the property. The rates are mentioned in the above article.
Ans: Yes, you can pay it online. Visit their site - https://gras.mahakosh.gov.in/echallan/
Ans: The price for the stamp duty is Rs 500, which is also payable online.
Ans: Yes, they are. Earlier the Maharashtra Stamp Act was referred to as the Bombay Stamp Act.
Ans: Ready reckoner state or the market value is how the rate of the stamp duty is calculated.
Ans: The Maharashtra Stamp Act Bare Act is the fundamental legal document outlining the rules and regulations for stamp duty and taxation on property transactions in Maharashtra.
Ans: No simple receipt may be considered genuine unless it is altered within six months of the date of stamp purchase by the registration officer or another officer with the necessary authority.
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Kruthi is a Chartered Accountant has worked for various Real Estate firms across India, she is well versed with the legal and financial aspects of all real estate transactions. There are numerous documents and plenty of hidden fees that people get lost in, her goal is to shed some light on it all.
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Last year in February of 2021, vide the Maharashtra Stamp (Amendment and Validation) Ordinance, 2021 (Mah. Ord. I of 2021) (" Ordinance "), the stamp duty chargeable on instruments of mortgage by deposit of title deeds and simple mortgage deed under Articles 6 and 40 of Schedule I of the Maharashtra Stamp Act 1958 (" the said Act ") respectively were made uniform and brought on par. The rate of stamp duty payable on an instrument of mortgage by deposit of title deeds was increased from 0.2% to 0.3% of the secured amounts and the rate of stamp duty on an instrument of a simple mortgage was decreased from 0.5% to 0.3% of the secured amounts.
It appears that the main reason behind the Ordinance was the inherent realisation on the part of the legislative authorities that due to the difference in stamp duty for instruments of mortgage, more often than not the documents were drafted in such a way that even though the nomenclature of the document indicated a mortgage by deposit of title deed, it in fact attempted to cover within its ambit the properties of a deed of simple mortgage. Due to the ambiguous nature of such documents created solely with the intention of stamp duty evasion, the same created difficulties in adjudication of amount of proper stamp duty chargeable for them under the said Act. Another common practice adopted by most lenders and borrowers was to execute the said documents outside Maharashtra in states such as Delhi, Gujarat etc., to avail the benefit of low stamp duty rates prevailing in these states.
Additionally, to align with the judgement of the Hon'ble Supreme Court in the case of Chief Controller Revenue Authority, Gujarat Vs. Coastal Gujarat Power Limited (Civil Appeal No. 6054 of 2015) (" Coastal Judgment "), Section 5 of the said Act was also amended under the same Ordinance to levy stamp duty in respect of any instrument comprising or relating to several distinct transactions along with distinct matters .
The Ordinance effectively removed any doubts with respect to the applicability of Coastal Judgment in Maharashtra. This essentially means that as was the case in Coastal Judgment, a common security/charge creation instrument (whether mortgage / pledge / hypothecation, or otherwise) for securing multiple loans availed from multiple lenders (also commonly known as consortium transactions/deals) will be treated as distinct transactions in Maharashtra. Accordingly, such instrument will attract stamp duty for each such transaction, by considering each transaction as an independent one.
It is to be noted that Section 5 and relevant article under the said Act for loan transactions had no cap on the stamp duty payable which made consortium lending / mortgage agreements highly unfeasible for the banking community. This also increased the cost of borrowing and strained the already ailing cash-strapped financial markets.
Further, while changes were made in the stamp duty rates in Articles 6 and 40 of Schedule I of the said Act for instruments of mortgage by deposit of title deeds and simple mortgage deed, the maximum stamp duty amounts payable remained unchanged. Further, considering that the stamp duty under Article 40 for mortgage deed was reduced by 0.2%, the state coffers would have suffered some losses for sure.
In a span of little less than a year from the Ordinance, the government probably realised the aforementioned issues and therefore on 23 rd December 2021, a bill for further amendment of Maharashtra Stamp Act 1958 was introduced in the Maharashtra's legislative assembly. Recently, on 20 th January 2022, the said bill received the Governor's assent by virtue of which the Maharashtra Stamp (Amendment) Act, 2021 (Mah Act No. VII of 2022) (" Amendment ") is now in force.
The Amendment has raised the existing capped amount of Rs. 10 Lakhs to Rs. 20 Lakhs under Articles 6 and 40 of Schedule I of the said Act for instruments of mortgage by deposit of title deeds and instrument of simple mortgage, in an attempt to make up for the deficit on account of reduced stamp duty rates.
Further, to strike a balance between state revenue and providing a conducive commercial environment for conduct of business, the Amendment has inserted a new proviso whereby an upper limit of Rs. 50 Lakhs is applicable under Articles 6 and 40 for mortgage agreements in a consortium lending transaction.
The Amendment makes certain other consequential changes in the said Act as well such as in Article 33 (further charge on mortgage property), Article 41 (mortgage of crop) and Article 54 (security bond or mortgage deed) of Schedule I of the said Act to harmonise the stamp duty rates in respect of mortgage in Maharashtra.
The Amendment is not a major game changer but definitely comes as a sigh of relief for the banking sector and other stakeholders who may be involved in consortium deals in Maharashtra. Further, the government too stands to benefit or at least make up for loss of potential revenue. The Amendment is an earnest balancing effort by the legislative authorities seeking to achieve desirable results for both sides of the coin.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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Prahalad singh, maharashtra stamp act introduction.
In India, the Indian Stamp Act, 1899 (ISA) is a central legislation, while states have their own local stamp act to administer with issues rising within that particular state. The Bombay Stamp Act, 1958 which came into force on 16 February 1969 (BSA), is a law for stamp duty within the state of Maharashtra. The Constitution of India permits both the Parliament and the State Legislature to make provisions and legislation for stamp duty within its limits. Accordingly, certain documents specified in the ISA are included. Under the BSA, an instrument is defined to include every document by which any right or obligation is, or is made, transferred, limited, extended, extinguished or recorded while a bill of exchange, checks, promissory notes, etc. is not included. These documents are excluded, as governed under the aforesaid ISA.
In Maharashtra, stamp papers could be purchased before 1 May 1994 in the names of advocates or by any other name. However, the stamp paper is to be purchased in the name of one of the parties thereafter. In addition, the validity of the stamp paper is restricted for a period of 6 months and if stamp paper is used thereafter, it is assumed that the document is executed on ordinary paper without a stamp.
If an instrument falls into Schedule I of the Bombay Stamp Act (BSA) with several duties rates, the instrument is chargeable with the highest of the prescribed fees. Apart from this, the BSA also prescribes a methodology for adjournment (proper assessment), the refund of duties, grievance procedures and defects, etc. The Collector is usually authorized or vested with the power to authorize. If a document is not stamped or appropriately stamped, it is likely to be affixed.
The Act was recently amended and amendments include revision of stamp duty on gift deeds, e-payment of stamp duty, amendment of penalty sections, and increase in stamp duty under certain instrument clauses.
Stamp duty is a type of tax, such as sales/income tax, etc. and its basic purpose is to raise revenue for the government. Thus, like any other tax, the stamp duty will have to be paid to the government in full and on time, with a delay with penalties. In general, stamp duty is levied on an instrument (and not on a transaction); stamp duty is payable on the property (whether immovable/movable or tangible/intangible) either on a fixed basis or on the basis of the consideration mentioned in the instrument as the case may be. In the case of immovable property, there is an additional theory of valuation of the property, which is also taken into account while deciding the stamp duty payable.
The stamp duty is calculated based on the ready reckoner rates and the property value mentioned in the buyer-seller agreement. In Maharashtra, stamp duty on the property varies by location. For example, stamp duty for a property located in the municipal limit of urban areas in Mumbai will be 5% of the market value, while a property located within the limits of any gram panchayat will attract stamp duty of 3% of the market value.
The stamp duty rates on property depend on several measures in the state of Maharashtra. This includes whether the property is located in urban or rural areas, the total cost of the transaction, etc. Recently, the Maharashtra government has reduced the stamp duty on properties for the next two years in areas falling under the Mumbai Metropolitan Region Development Authority. (MMRDA) and the municipal corporations of Pune, Pimpri-Chinchwad, and Nagpur.
This means that stamp duty on properties in Mumbai, Pune, and Nagpur, will be charged at 5% (4% stamp duty + 1% metro cess).
Mumbai | 5% (Stamp duty 4% + Metro Cess 1%) | |
Navi Mumbai | 6% (Stamp duty 4% + Local Body Tax (LBT) 1% + Transport Surcharge 1%) | |
Thane | 6% (Stamp duty 4% + Local Body Tax (LBT) 1% + Transport Surcharge 1%) | |
Pune | 6% (Stamp duty 4% + Local Body Tax (LBT) 1% + Transport Surcharge 1%) | |
Pimpri-Chinchwad | 6% (Stamp duty 4% + Local Body Tax (LBT) 1% + Transport Surcharge 1%) | |
Nagpur | 6% (Stamp duty 4% + Local Body Tax (LBT) 1% + Transport Surcharge 1%) |
Moreover, according to Article 34 of the Maharashtra Stamp Act, which was revised in 2017, stamp duty on gift deeds is 3% of the property’s value. However, if the property in consideration is a residential or agricultural property and is gifted (without any payment) to family members, then, the stamp duty is Rs 200.
Stamp duty and registration charges are imposed by the state governments on homebuyers. These apply to both freehold and leasehold land (agricultural and non-agricultural) as well as other types of properties such as homes, flats, or commercial properties. There are certain factors that determine how much stamp duty is in Mumbai and registration will be payable:
The fees on residential will be comparatively less than a commercial property.
Properties in rural areas, as well as semi-urban areas, have to pay significantly less than in posh areas.
The market value of the property and the area of the property are taken into account for the calculation of stamp duty charges.
In Mumbai, you can go for payment of these charges through both online and offline mediums. The Government of Maharashtra has a dedicated portal ‘Government Receipt Accounting System’ (GRAS) in which you are required to enter all the necessary details about the property and its documents and make payments accordingly. Homebuyers must follow a few easy steps to pay the stamp duty and registration charges in Mumbai on the purchase of the property.
Step 1: Visit the Maharashtra Stamp Duty Online Payment Portal.
Step 2: If you are not registered with the portal, click ‘Pay without registration’. If you are a registered user, please fill in the login details.
Step 3: If you have selected the option ‘Without Pay Without Registration’, you will be directed to another page, where you will have to select ‘select citizen’ and select the type of transaction you want to do.
Step 4: Select ‘Pay to register your document’. Now, you can choose to pay stamp duty and registration fee together or only stamp duty or registration fee only.
Step 5: Fill in the required details such as District, Sub-Registrar office, Payment details, Party details, Property details, and Property value details.
Step 6: Select the payment option and once completed, generate the challan, which will have to be submitted at the time of execution of the deed.
If you are doubtful or stuck at any step or you want to recreate your invoice, you can leave a mail at [email protected]
There are 4 modes of payment of Stamp Duty in Maharashtra:
Providing some relief to the Office of Inspector General of Registration and Controller General of Maharashtra through a circular dated 27th April 2020 and notified certain relaxations in relation to (a) Some exemptions have been notified in respect of filing of information (in the matter of financing, transactions required for the creation of mortgages on immovable property, through title deeds or deposits of similar mortgages):): and (b) Payment of stamp duty on non-compulsory registrable financing documents executed during the nationwide lockout period. The fee/exemption offered under the circular is summarized in the table below.
Section 17 of the Maharashtra Stamp Act | Stamp duty on all instruments, banks and other similar organizations cannot be paid for the registration activities related to financing activities and compulsorily registrable, can be paid within one working day of lifting the lockdown in such districts and Payment will be considered within one business day shall be considered to be sufficient compliance of section 17. This one-day exemption is not granted in relation to other means (i.e. for transactions other than financing transactions), thereby limiting the circumstances on the stamping of such other documents. |
Section 89B of the Registration Act, 1908 | In such districts, information can be given within one day of the lifting of the lockdown. Banks and other agencies can use the online platform available on igrmaharashtra.gov.in for online filing. The circular also clarifies that in light of the COVID-19 epidemic, the administration intends to stop the practice of physical filing of intimation of intimacy from 1st June 2020. |
Data Source: Google, Image source: https://gras.mahakosh.gov.in/
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Validity of this calculator is from 1 st April, 2021 up to 31 st Mar, 2022.
Stamp Duty Increased from 3% to 5% w.e.f. 1 st April, 2021.
The unique calculator helps to calculate stamp duty, registration fee, rebate for female buyers, local body tax (LBT), ready possession, under-construction properties with Good Service Tax (GST), or on Under Construction properties, Affordable Housing Schemes, and Tax Deducted at Source (TDS) if PAN card available and PAN card not available when property value exceeds above Rs. 5000000.
Select Gender | |||
Select Appropriate Juridiction | |||
Local body Tax (LBT) | |||
Local Body Tax (LBT) is not applicable to Mumbai District and Mumbai Suburban District, but applicable for Rest of Maharashtra State | |||
Select if applicale or simple dont check it. | |||
From 01 April 2020: 1% concession is being given in Stamp Duty and related charges applicable during document registration within Mumbai Metropolitan Region, Pune, Pimpri Chinchwad and Nagpur Municipal Corporations for next 2 years up to 31 March 2022 | |||
Type of Construction | |||
GST is not applicable for Ready Possesion / Resale Property. From February 2019, The Government reduces the GST rate on under construction immovable property to 5% from 12%, and 1% from 8% on affordable housing, without input tax credit (ITC) | |||
Tax deduct at source (TDS) is applicable to Vendor / Seller Under Income Tax Act. | |||
from up to . Transfer of certain immovable property other than agriculture land TDS rate is 1%. It is the resposibilty of Buyer/Purchaser to deduct the TDS amount of total consideration/price as mentioned in the document. Consult you CA for further help. | |||
Note : T.D.S. is not applicable to agriculture land. |
Area | |||
Agreement Value | ₹ | ||
Market Value | ₹ |
Stamp Duty ₹ | |||||
Registration Fee ₹ | |||||
Local Body Tax (LBT) ₹ | |||||
Tax Deducted at Source (TDS) ₹ | |||||
Goods and Service Tax (GST) ₹ | |||||
Note : The Online Simple Stamp Duty & Registration Fee Calculator for Sale Deed / Agreement for Sale which provides you with an indication of amount you need to pay in form of taxes such as stamp duty and registration fee; your Advocate, Solicitor, Chartered Accountant or Stamp Duty Consultant will be able to provide you with True Market Value of the property with the final amount of the Stamp Duty and Registration Fee and other taxes with its procedures. We always recommend our valuable users to obtain the proper Legal Advice from the professionals in these fields or confirm with the concerned authority Read full Terms and Conditions carefully before using it.
We have explained in details how to calculate Market value of Property, for paying Stamp Duty and Registration Fee, and have explained in details how to calculate Capital Value of property for Municipal Assessment Tax.
Maharashtra State Government has provided various types of facilities to the public for the payment of Stamp Duty through various types of mode and has appointed Nationalized Banks, Schedule Banks, Private Banks and the Co-operative Banks which are authorized by Reserve Bank of India. With view that the facility of payment of stamp duty is made easily available to the public therefore different arrangements are in force.
The Department of Registration and Stamp, Maharashtra State Government had appointed Authorised Service Providers to register Leave and License Agreement in Maharashtra.
We have provided the Timeline Events of Registration and Stamp Department, Maharashtra State.
© e-Stampdutyreadyreckoner.com 2015-21
1. | ||||
(i) If relating to immovable property situated within the limits of any Municipal Corporation or any Cantonment area annexed to it or any urban area not mentioned in sub-clause (ii). | 5% of True Market Value Of Property | 1% of True Market Value* | ||
(ii) If relating to immovable property situated within the limits of any Municipal Councils or Nagar Panchayat or Cantonment area annexed to it, or any rural area within the limits of the Mumbai Metropolitan Region Development Authority, or the Influence Areas as per the annual statement of rates published under the Bombay Stamp (Determination of True Market Value of Property) Rules 1995. | 4% of True Market Value of property | 1% of True Market Value* | ||
(iii) If relating to immovable property situated within the limits of any Gram Panchayat area or any such area not mentioned in sub-clause. | 3% of True Market Value of property | 1% of True Market Value* | ||
a. Stamp duty is payable on market value of property as per stamp duty ready reckoner or agreement value, whichever is higher. | ||||
b. Stamp duty is charged for ₹500 or its parts. A registration fee is charged for every ₹1,000 or part thereof. | ||||
c. For all practical purpose stamp duty must be paid on execution of agreement failure to which penalty @ 2% p.m. (Maximum four times) of deficit stamp duty is payable. | ||||
2. | Sale Deed, Transfer Deed. (if Purchased from Investor within 1 year) w.e.f. 05/06/2008 | of Schedule I of The Maharashtra Stamp Act: If relating to purchase of any one or more units in any scheme or project by a person from a developer: Provided that, on conveyance of property by the person, under an agreement under this sub-clause to the subsequent purchaser, the duty chargeable for each unit under this sub- clause shall be adjusted against the duty chargeable under Article 25 [conveyance] after keeping the balance of one hundred rupees, if such transfer or assignment is made within a period of 1 year from the date of agreement. | 5% of True Market Value Less: amount paid as Stamp Duty in previous purchase Agreement/ Deed. Add: ₹ 100/- | 1% of True Market Value* |
3. | of Schedule I of the Maharashtra Stamp Act. Same duty as conveyance (Article 25) for giving power to promoter or developer for immovable property. | 5% of True Market Value | 1% of True Market Value* | |
4. | of Schedule I of the Maharashtra Stamp Act. Treated as If relating to movable property. | 3% of Consideration | Registration is not compulsory. | |
5. | The Maharashtra Stamp Act | ₹ 100/- | ₹ 1,000/- Registration is compulsory. | |
6. | The Maharashtra Stamp Act | ₹ 100/- | ₹ 1,000/- Registration is compulsory. | |
7. | [Gift of Immovable & Movable property (Instrument of not being a settlement (Article 55) or will or Transfer (Article 59)] to read with Article 25. | of Schedule I of the Maharashtra Stamp Act: Provided, If any immovable property is gifted to a family member being the husband wife, brother or sister of the donor or to any lineal ascendant or descendant of the donor, then the amount of stamp duty will be calculated at 3% of market value w.e.f. 07-09-2017 | 1% of market value or ₹ 30,000 which ever is less. Registration is compulsory. | ₹ 200/- |
Provided further that, if the residential and agricultural property is gifted to husband, wife, son, daughter, grandson, granddaughter or wife deceased son, the amount of duty chargeable shall be rupees two hundred only w.e.f 24-04-2015. In any other case stamp duty is same as applicable to conveyance deed, under article 25. i.e., 5% at market value. | Registration fees is ₹ 200 Only for the gift to relative on which stamp duty is only ₹ 200. w.e.f. 01-04-2016 | |||
8. | [Any instrument (not being instrument as is provided by section 24) whereby a person renounces a claim upon other person or against any specified property]. | of Schedule I of the Maharashtra Stamp Act read with Article 25: (a) If the release deed of an ancestral property or part thereof is executed by or in favour of brother or sister (children of renouncee’s parents) or son or daughter or son of predeceased son or daughter of predeceased son or father or mother or spouse of the renouncee or the legal heirs of the above relations (legal heirs). In other words renouncement by legal heirs of ancestral property. | ₹ 200/- | ₹ 1,000/- |
(b) In any other case. | 5% of True Market Value | 1% of True Market Value* | ||
9. | of Schedule I of the Maharashtra Stamp Act: Stamp duty payable as per Article 25(a), (b) or (c) on the market value of the property exchange of the highest value/ greatest value either of the property exchanged. | 5% of True Market Value of Property with Higher Value | 1% of True Market Value* | |
10. | of Schedule I of the Maharashtra Stamp Act: The largest share remaining after the property is partitioned (or, if there are two or more shares of equal value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated. Subject to certain specified proviso contained in Article 46. | 2% of market value of the share or share remaining after separating the largest share. In case of equal share then on any one of the share. | 1% of market value of the share or share remaining after separating the largest share or ₹ 30,000/- which ever is lower. | |
11. | of Schedule I of the Maharashtra Stamp Act: (i) Where the leave & licence (L&L) agreement purports to be for a term not exceeding sixty months with or without renewal clause | 0.25% of total sum of ‘Taxable Amount of L&L (a) to (c)’ | ₹ 1,000/- in municipal area ₹ 500 in other area. Registration is compulsory. | |
(a) The licence fees or rent payable under the agreement | ||||
(b) The amount of non- refundable deposit or money received in advance or premium, by whatever named called, | ||||
(c) The interest calculated at the rate of 10% p.a. on the refundable security deposit or money advance or to be advance, by whatever name called, | ||||
(ii) Where the leave & licence agreement purports to be for a period exceeding sixty months with or without renewal clause. | As per Article 36, Lease | 1% of True Market Value* | ||
12. | [Including under lease or sub-lease and any agreement to let or sub-let or any renewal of lease]. | of Schedule I of the Maharashtra Stamp Act: r. w. Article 25. Where such lease purport to be (i) For a period not exceeding five years | 5% of 10% share of Market Value of property | 1% of 10% share of Market Value* |
(ii) For a period exceeding five years but not exceeding ten years, with a renewal clause contingent or otherwise. | 5% of 25%share of Market Value of property | 1% of 25% share of Market Value* | ||
(iii) For a period exceeding ten years but not exceeding twenty nine years, with a renewal clause contingent or otherwise. | 5% of 50% share of Market Value of property | 1% of 50% share of Market Value* | ||
(iv) For a period exceeding twenty nine years or in perpetuity, or does not purport for any definite period, or for lease for period exceeding twenty nine years, with a renewal clause contingent or otherwise. | 5% of 90% share of Market Value of property | 1% of 90% share of Market Value* | ||
1. Any consideration in the form of premium or money advanced or to be advanced or security deposit by whatever name called shall, for the purpose of market value, be treated as consideration passed on. 2. The renewal period, if specifically mentioned, shall be treated as part of the present Lease. | ||||
13. | [Including agreement for surrendering of lease]. | of Schedule I of the Maharashtra Stamp Act: r.w. Article 25 (i) Without any consideration (ii) With consideration | ₹ 200/- 5% of Consideration | ₹ 100/- 1% of Consideration* |
14. | of Schedule I of the Maharashtra Stamp Act: | |||
a) For the purpose of Non-residential use stamp duty is as per Article 36 (iv) i.e. same as lease on 90% of market value of property. | 5% of True Market Value | 1% of True Market Value* | ||
b) For the purpose of residential use. | ||||
(i) If area of premises is up to 27.88 sq.mtr. (300 sq. ft); | ₹ 200 per sq. mtr. | 1% of amount arrived by monthly rent multiplied by 120 plus, premium amount if any | ||
(ii) If area of such premises is more than 27.88 sq. mtr. (300 sq. ft) stamp duty is as per Article 36 (iv) i.e. same as lease r.w. Article 25 on the market value of the property. | 5% of True Market Value | 1% of True Market Value* | ||
15. | of Schedule I of the Maharashtra Stamp Act: (Stamp duty as per lease deed) Article 36. Where such lease purport to be for a period exceeding twenty nine years or in perpetuity, or does not purport for any definite period, or for lease for period exceeding twenty nine years, with a renewal clause contingent or otherwise. | The same duty as is leviable on a conveyance under clause (a), (b) [or (c)], as the case may be, of Article 25, on 90 per cent. of the market value of the property.] | 1% of 90% share of Market Value* | |
16. | [not being a Proxy]. | of Schedule I of the Maharashtra Stamp Act: r. w. Article 25 & Article 5 (g-a). | ||
a) When executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents; | ₹ 500/- | ₹ 100/- | ||
b) When required in suits or proceedings under the Presidency Small Cause Courts Act, 1882 (XV of 1882); | ₹ 500/- | ₹ 100/- | ||
c) When authorising one person or more to act in a single transaction other than the case mentioned in clause (a); | ₹ 500/- | ₹ 100/- | ||
d) When authorising one person to act in more than one transaction or generally; | ₹ 500/- | ₹ 100/- | ||
e) When authorising more than one person to act in single transaction or more than one transaction jointly or severally or generally; | ₹ 500/- | ₹ 100/- | ||
f) (i) When given for consideration and authorising to sell an immovable property; | 5% of True Market Value [if 5% paid on Agreement, then ₹ 500/-] | 1% of True Market Value* [if 1% paid on Agreement, | ||
(ii) When authorising to sell or transfer agreement immovable property without consideration or with- out showing any consideration, as the case may be,- | ||||
(a) if given to the father, mother, brother, sister, wife, husband, daughter, son, grandson, granddaughter or father, mother, brother, sister of the spouse; and | ₹ 500/- | ₹ 100/- | ||
(b) In any other case (as per Article 25). | 5% of True Market Value [if 5% paid on Conveyance, ₹ 500/-] | 1% of True Market Value* [if 5% paid on Conveyance, ₹ 100/-]. | ||
g) When given to a promoter or developer by whatever name called, for construction on, development of, or sale or transfer (in any manner whatsoever) of, any immovable property. | ₹ 500/- per person | ₹ 100/- | ||
h) Irrevocable power of Attorney (Simple). | As per Article 48 of Schedule I of the Act Stamp Duty is ₹ 100/-, for each person authorised. | Registration Fee is ₹ 100/-, and for which is not compulsory. | ||
Note: Notary Fees for attestation of general or Specific Power of Attorney is ₹ 25/- | ||||
17. | It is exempt from Stamp duty-registration is not compulsory. | Nil | ₹ 100/- | |
18. | of Schedule I of the Maharashtra Stamp Act: | |||
a) Where there is no share of contribution in partnership or where such shares of contribution does not exceed ₹ 50,000/-. | ₹ 500/- | ₹ 750/- at Registrar of Firm’s office as fees + copying charges. | ||
b) Where such share contribution is in excess of ₹ 50,000/- for every ₹ 50,000/- or part thereof. | 1% of share contribution, subject to Maximum ₹ 5,000/- | |||
c) Where such share contribution is brought in by way of property excluding cash. | 5% of True Market Value. (Stamp duty is as per conveyance Article 25 (a), (b), (c) and (d)) | |||
19. | of Schedule I of the Maharashtra Stamp Act: | |||
a) Where on dissolution of the partnership or on retirement of a partner any property is taken as his share by a partner other than a partner who brought in that property as his share of contribution in the partnership. | The same duty as is leviable on Conveyance under clause (a), (b) or (c), as the case may be, of Article 25, on the market value of such property, subject to a minimum of rupees one Hundred. | ₹ 400/- at Registrar of firm’s office as fees + copying charges | ||
b) In any other case | ₹ 200/- | |||
20. | of Schedule I of the Maharashtra Stamp Act. However State Government has its Notification No. Mudrank 2004/1636/C.R. 436/M-1, dated 1st July, 2004 waived fully the stamp duty on affidavit or declaration made for any purpose of being filed or used before any Government Authority or in Court or before the Officer of any Court/Tribunal. | ₹ 100/- (See note written earlier in This paragraph) | ₹ 100/- (Regn. not compulsory) | |
21. | of Schedule I of the Maharashtra Stamp Act. | ₹ 500/- | ₹ 100/- (Regn. not compulsory) | |
22. | (1) of the Maharashtra Stamp Act. [The authorities are requested to incorporate a special Article to cover cases for document like Deed of Confirmation, Conducting Agreement, etc.] | ₹ 100/- | ₹ 100/- (Regn. not compulsory) | |
23. | of Schedule I of the Maharashtra Stamp Act: | |||
In any form of Deed, Agreement or Letter. | a) If the amount secured by such Deed does not exceed ₹ 5,00,000/- | 0.1% of amount secured | 1% of loan secured* | |
b) In any other case | 0.2% of amount secured (Max ₹ 10 lakh) | 1% of loan secured* | ||
24. | of Schedule I of the Maharashtra Stamp Act. | As per Article 5(h)(B) of Scheduled I Scheduled I of the Act Stamp Duty is ₹ 100/-. | Registration not compulsory | |
25. | of Schedule I of the Maharashtra Stamp Act: | |||
a) In case where possession of the property is given by the mortgagor stamp duty is as per conveyance as above on the amount of loan. | 5% of True Market Value | 1% of loan secured* | ||
b) In case of where possession of the property is not given by the mortgagor. | 0.5% of amount secured (Min ₹ 100/-) (Max ₹ 10 lakh) | 1% of loan secured* | ||
26. | [on Mortgaged Property] | of Schedule I of the Maharashtra Stamp Act: | ||
a) When possession is with Bank. | 5% of further charge | 1% of Further Charge* | ||
b) When possession is given by mortgagor during further charge. | 5% of True Market Value, Less: amount paid on earlier document. | 1% of Further Charge* | ||
c) When possession is not given by mortgagor during further charge | 0.50% of amount secured (Min ₹ 100/-) (Max ₹ 10 lakh) | 1% of Further Charge* |
Note : Registration Fee with (*) is subject to Maximum ₹ 30,000/-
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IMAGES
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COMMENTS
rred by clause (a) of section 9 of the Bombay Stamp Act, 1958 (Born. LX of 1958), the Government of Maharashtra, having satisfied that it is necessary to do. so in the public interest, hereby reduces, with effect from the 1st August, 1994, the maximum duty chargeable on Articles of Associatio. of a Company unde.
government of maharashtra law and judiciary department bombay act no. lx of 1958. the maharashtra stamp act. (text as on 1st january 2022)printed in india by the government central press, charni road, mumbai 400 004 and published by the director, government printing stationery and publications, maharashtra state, mumbai 400 004. 2022 [price : rs. 122.00]
Particulars: Erstwhile stamp duty: Amended stamp duty: Remarks: Mortgage by deposit of title deeds under article 6(1) of schedule I: If amount secured by the deed is more than Rs. 5 lakhs, rate of stamp duty is 0.2% of the secured amount.. If amount secured by the deed is more than Rs. 5 lakhs, rate of stamp duty is 0.3% of the secured amount.. Rate of stamp duty has been increased from 0.2% ...
Stamp Duty on Assignment of Receivables. [email protected]. Updated as on 07.05.2024. The table below provides the rate of stamp duty applicable on assignment of receivables in major states across India: 0.1% of the loan securitized or debt assigned with underlying securities subject to maximum limit of Rs.1 Lakh. [1] 8.25 percent. 0.1% ...
While the Maharashtra Stamp Act empowers the collector of a district, to call for documents within a period of 10 years from the registration date of such documents, to verify if the appropriate duty has been paid on the deed, the Bombay High Court has held that stamp duty cannot be collected for inadequately stamped past documents, at the time ...
Further, in Maharashtra, the stamp duty on instrument of securitization of loans or assignment of debt with underlying security has been reduced to 0.1% (zero point one percent) of the loan securitized or the debt assigned subject to a maximum of Rs. 1,00,000 (Rupees one lac) 2. Certain State Governments, such as those of Rajasthan and Tamil ...
Department of Registration & Stamps - Government of Maharashtra. Maharashtra Stamp Duty Abhay Yojana 2023 under 53 A The following list of pending cases has been published under Abhay Yojana. Citizens should contact the office of Joint District Registrar and Stamp Collector of the concerned district to take advantage of this.
This Act received the assent of the President on 4th June 1958, and assent was first published in the Bombay Government Gazette, Part IV, on the 11th June, 1958. An Act to consolidate and amend the law relating to stamps and stamp duties in the State of Bombay. Amended by Born. State Act No. 95 of 1958.
II. Charge of Stamp Duty. 2.1 It is very important to note that stamp duty is on an instrument and not on a transaction. 2.2 S. 3 of the Act levies stamp duty at the rate provided in Schedule I on any instrument executed in the State. Even instruments executed outside the State are liable to duty only on their receipt in the State, provided it ...
exemption from stamp duty on a deed of assignment in favour of an ARC. As mentioned above, the power to legislate on whether stamp ... Further, in Maharashtra, the stamp duty on instrument of securitization of loans or assignment of debt with underlying security has been reduced to 0.1% (zero 1 Notification No. F4(3)FD/Tax/2017-110 dated March ...
3.3.6 Short levy of stamp duty on deed of assignment Under the provision of Bombay Stamp Act, 1958, in case of instrument of transfer of lease by way of assignment, stamp duty as is leviable on a conveyance shall be charged on the market value of the property or consideration, whichever is higher, which is the subject matter of transfer.
said Deed of Assignment, stamp duty of Rs.3,75,000/- came to be paid and, at the time of it's registration, the petitioner applied for ... of the Maharashtra Stamp Act and the second being, the ...
The Maharashtra Stamp Act,1958 applies to the entire State of Maharashtra. Only the instruments specified in the Schedule I to the Act are covered by this Act. ... Mortgage Deed. a) Where possession is given. Same duty as on conveyance on the amount secured by the deed. b) ... Transfer of lease by way of assignment . Same duty as leviable on a ...
Stamp duty rates prior to the ordinance. Stamp duty rates following the ordinance. 1. Article 6(1)(b) - agreements that evidence deposit of title deeds to secure repayment of debt exceeding ...
The Government of Maharashtra (GoM) has by the Maharashtra Stamp (Amendment) Act, 2021 (2021 Amendment Act) amended Article 6 (Agreement Relating to Deposit of Title Deeds, Pawn, Pledge or Hypothecation), Article 33 (Further Charge), Article 40 (Mortgage Deed), Article 41 (Mortgage of Crop) and Article 54 (Security Bond or Mortgage Deed) of Schedule I of the Maharashtra Stamp Act, 1958 ...
On January 20, 2022, the Maharashtra Government passed the Maharashtra Stamp (Amendment) Act, 2021 (" 2021 Act ") to amend the Maharashtra Stamp Act, 1958 (" Act "). By way of the 2021 Act, following key changes have been introduced in Schedule I to the Act: Article 6 - Agreement Relating to Deposit of Title Deeds, Pawn, Pledge or ...
The text provides a comprehensive guide on Stamp Duty in Maharashtra, covering its definition, legal necessity, timing, applicable instruments, historical significance, specific schemes like the Stamp Duty Amnesty Scheme 2023-2024, and FAQs to assist in understanding and complying with stamp duty regulations.
According to the amendments made to the Maharashtra Stamp Act 2015, Article 34 states that 3% of the property's value is the stamp duty on conveyance deeds (gift deeds). However, if a property - Residential or Agricultural, is gifted without the family having to pay any sum of money, then the stamp duty rate is Rs. 200 as per article 34 of ...
Background. Last year in February of 2021, vide the Maharashtra Stamp (Amendment and Validation) Ordinance, 2021 (Mah. Ord. I of 2021) ("Ordinance"), the stamp duty chargeable on instruments of mortgage by deposit of title deeds and simple mortgage deed under Articles 6 and 40 of Schedule I of the Maharashtra Stamp Act 1958 ("the said Act") respectively were made uniform and brought on par.
Moreover, according to Article 34 of the Maharashtra Stamp Act, which was revised in 2017, stamp duty on gift deeds is 3% of the property's value. However, if the property in consideration is a residential or agricultural property and is gifted (without any payment) to family members, then, the stamp duty is Rs 200.
Stamp Duty Calculator Maharashtra - Updated Calculate Stamp Duty, Registration Fee, Rebate for Women, LBT GST, and TDS in just six (6) easy steps. Validity of this calculator is from 1 st April, 2021 up to 31 st Mar, 2022. Stamp Duty Increased from 3% to 5% w.e.f. 1 st April, 2021.
Less: amount paid as Stamp Duty in previous purchase Agreement/ Deed. Add: ₹ 100/-1% of True Market Value* 3. Development Agreement: Article 5(g-a) r.w. Article 25 of Schedule I of the Maharashtra Stamp Act. Same duty as conveyance (Article 25) for giving power to promoter or developer for immovable property. 5% of True Market Value
Stamp Duty in Maharashtra on common Bank Documents ...
Stamp duty on Lease Transactions in Maharashtra