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Home » Property Trends » Stamp duty and registration charges in Maharashtra in 2024

Stamp duty and registration charges in Maharashtra in 2024

stamp duty on assignment deed in maharashtra

To legalise a property transaction, a buyer has to pay tax to the state government. This is known as stamp duty and registration charges.

Table of Contents

What is stamp duty and registration charges in Maharashtra?

The money that must be paid as tax to legally register a property with the government is known as the Stamp duty and registration charges. This is charged under the Maharashtra Stamp Act.  Check this guide to know details about the stamp duty and registration charges levied in the state.

See also: All about stamp duty in MP

What is Maharashtra Stamp Act?

The Maharashtra Stamp Act also known as Bombay Stamp Act 1958 applies to all the instruments mentioned in Schedule 1, on which the stamp duty is payable to the state.

Recent amendments in the Act include a revision of:

  • gift deed stamp duty Mumbai
  • inclusion of e-payment of stamp duty Maharashtra
  • revision of penalty clauses
  • increment of stamp duty in Maharashtra under certain instrument clauses.

See also: Property registration online process and charges in India

What are the factors on which stamp duty Maharashtra is based on?

  • Person’s age: A senior citizen may get reduction in stamp duty in Maharashtra.
  • Gender: Stamp duty for women is less than men home buyers in Maharashtra.
  • Age of property: Based on the ready reckoner rate, if a person invests in an old property, he may have to pay a reduced stamp duty in Maharashtra. However, if the property is a new property, then, there are chances that the stamp duty in Maharashtra is high.
  • Type of property: Stamp duty for residential property is lesser than that of a commercial property .
  • Area of the property: The locality where the property is located has an impact on the stamp duty.
  • Market value of the property: The market value of a property determines the stamp duty that has to paid.  More the market value, the greater the stamp duty that the homebuyer will have to pay.

What is the cess included in Maharashtra stamp duty?

Properties in urban areas that fall under Municipal Corporation or Municipal Council limits 1% of property value
Properties in rural areas which fall under Gram Panchayat and not under the jurisdiction of any Municipal Corporation or Municipal Council 1% of property value as Zilla Parishad cess
Corporation (NMC) and Nagpur Improvement Trust (NIT) jurisdiction Additional surcharge of 0.5% over and above the 1% property value as cess.

 

See also: All about Maharashtra rent agreement stamp duty and registration laws

Maharashtra simplifies property registration in Mumbai

The Maharashtra state government on August 28 issued a notification that declared merging of all registration offices. From now these offices will be categorised under  Mumbai city (26 SROs)and Mumbai suburbs (6 SROs). Additionally, it also mentioned that the process of registering your property anywhere in the city will start soon, thus helping in easy and convenient property registration. This facility is applicable only for properties in Mumbai city.

Stamp duty and registration charges in Mumbai

6% (includes 1% metro cess) 5% (includes 1% metro cess) Rs 30,000 for properties above Rs 30 lakh

 

1% of property value for properties below Rs 30 lakh

 

 

 

 

Stamp duty and registration charges in Pune

7% (includes 1% metro cess, metro cess, local body tax and transport surcharge) 6% (includes 1% metro cess, metro cess, local body tax and transport surcharge) Rs 30,000 for properties above Rs 30 lakh

 

1% of property value for properties below Rs 30 lakh

Current stamp duty in Mumbai area wise

South Mumbai 5% (+1% metro cess) 1%
Central Mumbai 5% (+1% metro cess) 1%
Western Mumbai 5% (+1% metro cess) 1%
North Mumbai (Harbour line) 5% (+1% metro cess) 1%

Stamp duty and registration charges in Thane

7% (includes 1% metro cess,  local body tax and transport surcharge) 6% (includes 1% metro cess,  local body tax and transport surcharge) Rs 30,000 for properties above Rs 30 lakh

 

1% of property value for properties below Rs 30 lakh

Stamp duty and registration charges in Navi Mumbai

Stamp duty and registration charges in pimpri-chinchwad.

7% (includes 1% metro cess, local body tax and transport surcharge) 6% (includes 1% metro cess, local body tax and transport surcharge) Rs 30,000 for properties above Rs 30 lakh

 

1% of property value for properties below Rs 30 lakh

Stamp duty and registration charges in Nagpur

Know about: Dombivli east pin code

Check out: Sale flat in Pune 

Stamp duty of resale flat in Mumbai 2024  

6% of property’s market value 5% of property’s market value 1 % of the property value
4% of property’s market value  

3% of property’s market value

1 % of the property value
3% of property’s market value 2% of property’s market value 1 % of the property value

Pin code: Bandra pin code

Check out Tamil Nadu stamp duty

Stamp duty Maharashtra 2024 on different conveyance deeds 

3%
Rs 200
0.25% of total rent
5% for property located in municipal areas, 3% for property located in gram panchayat areas.

See also: Everything about land survey maps online Maharashtra

Stamp duty 2024 in Maharashtra for redeveloped housing projects

Under section 4 (1) of the Maharashtra Stamps Act, a nominal stamp duty of Rs 100 will be charged for all Permanent Alternative Accommodation Agreements (PAAAs) of redevelopment projects. Note, if society members are getting additional carpet area free in their homes, they have to pay stamp duty as per the free area.

Stamp duty 2024 in Maharashtra for consulates/ embassies

According to the Maharashtra Stamp Act , 1958, there is an exemption on stamp duty for diplomatic missions/consulates/embassies. In such a case, when a property is being bought in Mumbai by embassies, only Rs 100 will be paid towards stamp duty for the property.

Stamp duty and registration charges in Maharashtra: No l ock-in rule for women 

The Maharashtra government scrapped the 15-year cap that it has imposed on women home buyers in return for availing 1% rebate on stamp duty. With this amendment, women home buyers can sell properties to male buyers anytime even after availing the 1% rebate on stamp duty charges.  Note that women home buyers get a rebate of 1% on stamp duty charges only on residential properties. This is not valid on commercial and industrial properties.

What are the tax benefits for paying stamp duty in Maharashtra?

Under section 80C of the Income Tax Act, one can avail income tax deductions for payments against stamp duty and registration charges and cess charges. However, note that the total IT deduction under Section 80C is not more than Rs 1.5 lakh.

What is the concession on stamp duty charges Maharashtra for investors?

The Maharashtra government has extend the stamp duty waiver period for investors up to three years. Previously, the investors in order to earn benefit of the waiver will sell the properties within one year if buying it.  In such deals, the stamp duty is paid only on property’s price difference rather than on the whole amount.

Ready reckoner rate in Maharashtra

Ready reckoner rate is the minimum value that an area commands below which it cannot be sold. Based on this,  stamp duty charges in Maharashtra are calculated. It depends on:

Location:  For instance, Mumbai is divided into 19 zones that are further classified into 221 sub zones.

Type of property: Commercial property has high ready reckoner rate as compared to residential property. Ready reckoner rate value differs in a residential property too- it’s different for independent house or villa and a flat that are both located in the same area.

Property market value: Ready reckoner rate is based on the market value of the property. Any amenities that are present with the property further impact the ready reckoner rate.

See also: All about land records Karnataka

Ready reckoner rate FY24-25

Mumbai 2.6 %
Thane 9.48 %
Navi Mumbai 8.90 %
Panvel 9.24%
Vasai 9%
Virar 9%
Pune 6.12%
Pimpri Chinchwad 12.36%
Sholapur 8.08%
Nashik 12.15%
Ahmadnagar 7.72%
Latur 11.93%
Aurangabad 12.38%
Malegaon 13.12%

How to calculate stamp duty in Maharashtra 2024?

To know approximate the stamp duty to be paid, you can use the stamp duty calculator under stamps section on the IGR Maharashtra website and you will be led to the next page.

Stamp Duty Maharashtra

See also: Everything about house registration process in Telangana

Choose from the options for which you need to calculate the stamp duty.

Stamp duty calculator Maharashtra

For instance, if you want to know stamp duty to be paid in Mumbai on sales deed, then click on sales deed and you will be led to the following page.

Stamp Duty Calculator Maharashtra

Click on municipal corporation, you will be led to

Stamp Duty Calculator Maharashtra

On clicking on Mumbai municipal corporation, you will reach

Stamp Duty Calculator Maharashtra

where you have to enter the consideration value and market value and click on submit and you will get the approximate stamp duty value to be paid.

If the  ready recokner rate for the flats in the Bandra is Rs 85,000 per sqft, the minimum value of a 1,000 sqft flat in the Bandra will be around Rs 8,50,00,000. As per Article 25(b)(a) of the Maharashtra Stamp Act, the total stamp duty in Mumbai including local taxes is Rs 42,50,000.

Property registration charges in Maharashtra 

The property registration charges in Maharashtra are 1% of the total cost for the properties priced below Rs 30 lakh and capped at Rs 30,000 for properties priced above Rs 30 lakh.

Also read: Stamp duty on property registration in Gujarat

If an apartment in Maharashtra is being sold for Rs 60 lakh, the registration fee will be Rs 30,000 as the land value is above Rs 30 lakh. However, if the value of a property is Rs 20 lakh, the registration charges will be 1% of Rs20 lakh that is  Rs 20,000.

How to pay stamp duty in Maharashtra 2024 online?

The most convenient method of paying stamp duty Maharashtra is e-stamping where the stamp duty Maharashtra can be paid using RTGS or NEFT.

Step 1: Visit the Maharashtra Stamp Duty online payment portal.

Step 2: Click ‘Pay Without Registration’ if you are not registered with the Maharashtra stamp duty portal. If you are a registered user, fill in the login details on the Maharashtra stamp duty portal.

Step 3:  If you have selected the ‘Pay Without Registration’ option, you will be redirected to another page on the stamp duty in Maharashtra portal, where you have to choose ‘Citizen’ and select the type of transaction you want to do.

Stamp Duty Maharashtra payment

Step 4: Choose ‘Make Payment to Register your Document’. Now, you can opt for paying the stamp duty and registration charges together, or stamp duty only, or registration charges only.

See also: All about  Vasai virar property tax

maharashtra stamp duty

Step 5:  Fill in the details as required such as district, sub-registrar’s office, payment details, party details, property details and property value details in the stamp duty and registration charge website.

Stamp duty Maharashtra

Step 6: Choose the payment option for stamp duty and registration charges payment and proceed once done, generate the challan from the stamp duty and registration charge website, which has to be presented at the time of execution of the deed

If you are stuck at any step or you want to generate your challan again, you can drop a mail to [email protected] .

By way of this method, frauds can be mitigated as one can’t upload fake documents.

Learn about: section 10 10d

What is challan?

A challan is a digital document that mentions the stamp duty that has been paid .You can search a challan on the Mahakosh portal.

How to search challan on Mahakosh portal?

While you can pay the stamp duty and registration charges in Maharashtra 2024 using the Mahakosh portal, you can also use it to search a challan online.

  • Login to https://gras.mahakosh.gov.in/echallan/ and click on ‘Search Challan’ on the homepage.
  • A new page will open where you have to enter department, district/ treasury, amount, bank, CIN, GRN, payment gateway captcha and click on search.

GRAS_1

  • Note that challans between April, 1 2008 to March 31, 2017 are archived. You can get the copy of challan by clicking on archived challan tab.

GRAS_Archieved

  • Click on Search Challan for sales tax department if you want challan for the sales tax department.

GRAS Maharashtra

  • Enter details like department, MSTD Location, Bank, Amount, GRN, CIN, Captcha and click on Search.

Know about: Penthouses in Pune 

List of available banks for E-challan

Allahabad Bank Andhra Bank Bank of Baroda Bank of India
Bank of Maharashtra Canara Bank Central bank of India Corporation Bank
City Union Bank Dena Bank DCB Bank Indian Bank
Indian Overseas Bank IDBI Bank Oriental Bank of Commerce Punjab National Bank
Union Bank Vijaya Bank UCO Bank State Bank of India
Syndicate Bank      

Click on ‘All Major Banks, Debit Card, Credit Card are Accepted’ on the Mahakosh portal.

See also: All about  Satara (Maharashtra)

How to pay stamp duty and registration charges in Maharashtra offline? 

  • Stamp paper: Stamp duty can be paid using Stamp paper where details of the agreement are written on a paper that is signed by the authorised person once checked. After this the stamp paper is registered at the sub-registrar office after a period of four months.
  • Franking: In this, the stamp duty Maharashtra is paid where in the agreement is printed on a paper that is then submitted to an authorised bank. Once submitted, the documents for stamp duty payment are processed with the help of franking machine.

When can the stamp duty in Maharashtra be refunded?

  • The stamp duty paper is not fit for use due to writing mistakes.
  • The stamp paper is unsigned and complete or partial information is filled but is intended not to be used.
  • The stamp paper is signed but the transaction is found to be illegal by the party as per Section 31 of Specific Relief Act.
  • The court finds the transaction to be entirely illegal since the beginning (Void /ab/ initio) as per Section 31 of Specific Relief Act.
  • The person whose signature is essential refuses to sign or has died before signing.
  • Any party to the stamp paper document declines signing it.
  • Any party to the stamp paper document does not comply with the terms and conditions.
  • The value of the stamp for the document is insufficient and the transaction has been completed by using another stamp paper with the correct value.
  • The stamp duty paper is spoiled and both parties have executed another stamp paper document for the same purpose.

See also: Importance of AP stamps and registration deed details

How to get refund of stamp duty in Maharashtra?

To initiate stamp duty Maharashtra refund, it is compulsory to enter information through the online system. Once the information is fed online and a token is allotted, you have to submit the application offline. Mentioned below is the procedure in detail.

See also: All about token money, GST and stamp duty refund when a property deal is cancelled

First you have to log on to the website of IGR Maharashtra and select online services. Here, you have to click on the stamp duty Maharashtra refund application link. Alternatively, you can go to https://appl2igr.maharashtra.gov.in/refund/

Stamp Duty & Registration Charges in Maharashtra

Here, click on the check box on understanding the terms and conditions and click on New Entry. Enter mobile number, OTP and captcha.

Stamp Duty & Registration Charges in Maharashtra

Then, you will get the stamp duty Maharashtra refund token number. Now create password, confirm password, enter captcha and press ‘Submit’.

Stamp Duty & Registration Charges in Maharashtra

For a stamp duty Maharashtra refund, firstly one has to enter all their personal details, their bank account number and the reason for the refund. One has to enter all information about the document like if it is executed or not, registered or not etc. in the particulars of the document.

Stamp Duty & Registration Charges in Maharashtra

If the document is registered, and you want a stamp duty refund in Maharashtra , you have to enter the document number, date and SRO details. Likewise, cancellation deed if registered, then registration number and  SRO details should be entered.

Next you have to enter particulars of the stamp including the type- whether it is e-payment, e-SBTR or franking, name of the stamp vendor along with his address, name and details of purchaser of stamp, value of stamp etc. On entering all stamp related details, an ‘Image Code’ in red will appear. You will have to mention that code in the blank frame and press on the ‘register’ button. Post this, your stamp duty in Mumbai/ stamp duty Maharashtra refund information is submitted and you will see the ‘acknowledgement‘ tab . Enter your stamp duty in Mumbai/ stamp duty Maharashtra refund token number in the application that has to be submitted to the office of collector of stamps for initiation of stamp duty refund Maharashtra.

Stamp duty and registration charges: Notice of intimation charges

Rs 1,000 ( whatever the loan amount be)
Rs 300 ( by going to the SRO office)

Stamp duty and registration charges on past property documents

  • 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 of its subsequent sale.
  • Moreover, according to stamps and registration charges in Maharashtra, if the historical documents are liable to be stamped, the stamp duty shall be recovered only at the market rate prevalent when the transaction took place. Thus stamp duty and registration charge cannot be applied on a retrospective basis.

Stamp duty and registration charges in Maharashtra : Amnesty scheme 

  • The Maharashtra amnesty scheme has got another extension with the scheme now till August 31, 2024.
  • This is valid on unstamped units including those from Mhada, Cidco, MIDC etc.
  • Under the Maharashtra government’s  Mudrank Shulakh Abhay Yojana , stamp duty and penalty that is imposed due to deferred payment for deeds registered or unregistered between January 1, 1980 and December 2020 will be waived off.

Why is the amnesty scheme important? 

  • It is necessary because there are many sale agreements, conveyance deeds and documents that are not stamped under the Maharashtra Stamp Act. Insufficient stamp duty on stamp duty doesn’t legalise the property documents. To legalise one has to pay the deficit stamp duty and penalty, which may burden the people as this may even be up to 400% of the stamp duty.

Through this amnesty scheme , IGRS Maharashtra will collect revenue on all property documents that are not stamped properly by giving a relief on the penalty amount.

  • All the documents should be executed on stamp paper that is bought from the authorised IGRS vendors, franking centre. In case the property documents are executed on fake papers, f the documents are executed on bogus stamp papers, such owners won’t benefit of the amnesty scheme.

Also read all about IGR Maharashtra document search

Maharashtra stamp duty amnesty scheme: implementation

Amount of stamp duty to be paid or payable Reduction in stamp duty to be paid or payable Reduction in penalty to be charged on whole stamp duty to be paid or payable
For amount of Rs 1 to Rs 1 lakh 100% 100%
For amount exceeding Rs 1 lakh 50% 100%
Amount of stamp duty to be paid or payable Reduction in stamp duty to be paid or payable Reduction in penalty to be charged on whole stamp duty to be paid or payable
For amount of Rs 1 to Rs 1 lakh 80% 80%
For amount exceeding Rs 1 lakh 40% 70%

See also: Bombay HC rules stamp duty cannot be charged for past tran sactions

Stamp duty and registration charges in Maharashtra 2024: Adjudication

According to Section 31 of Maharashtra Stamp Act, any person who is party in the instrument can apply to Collector of Stamps along with the instrument for his opinion about Stamp Duty applicable

Click on Adjudication under stamps on the IGRS Maharashtra page. You will reach

stamp duty on assignment deed in maharashtra

Here, enter username, password, captcha and login. If you don’t have username and password, click on Sign up and register first.

stamp duty on assignment deed in maharashtra

After login in, in this, page a person can

  • Enter the data relating to his application.
  • Upload the copy of instrument as well as the other proofs.
  • Know the status of his application.
  • Know the query / requirement and to comply it.
  • To get the copies of notices and orders (if any).

Application for Section 10D of Maharashtra Stamp Act

Section 10D of Maharashtra Stamp Act mentions that the notified institutions, bodies etc. ensures the proper stamp duty has been paid on the notified types of documents by e-payment mode. You can access https://appl2igr.maharashtra.gov.in/section10d/LoginPG.aspx

The application helps the notified institutions, bodies

  • Register and to create login ids for their branches.
  • Enter data and to stamp duty calculation
  • Pay the stamp duty online.
  • Verify and deface online payment.
  • Upload batch file & do bulk payment
  • Generate the certificate.
  • Generate various reports.

See also : Know all about Mahafood ration card Maharashtra

Contact information

Office of the Inspector General of Registration and Controller of Stamps,

Ground Floor,

Opposite Vidhan Bhavan (Council Hall),

New Administrative Building,

Pune 411001, Maharashtra, India

Housing.com POV

Stamp duty and registration charges are to be known by anyone who is looking at buying a property in Maharashtra. These charges are over and above the cost of the property and thus these have an impact on the budget that you set aside for your property purchase. It is a good idea to know of the various options you can avail of such as buying a property in your wife’s name if buying in Maharashtra, as in this state the stamp duty for women is 1% less than that of men. However, this is not applicable in case of joint registration.

When should the stamp duty on gift deed in Maharashtra be stamped?

According to the Maharashtra Stamp Act, all instruments should be stamped before or at the time of execution, or on the next working day following the date of execution. However, if the deed is executed out of the territory, it can be stamped within three months after it is first received in India.

Whose name should be on the stamp duty Maharashtra papers?

The stamp duty Maharashtra papers must be in the name of one of the parties to the transaction and not in the name of the chartered accountant or lawyer of the parties. Also, the date of issue of the stamp paper in Maharashtra for stamp duty must not be more than six months older than the date of the transaction.

How can stamp duty be paid?

Maharashtra stamp duty can be paid by way of adhesive or impressed stamps on the deed. Additionally, the adhesive stamps used on the deed is cancelled at the time of execution so that it is not available for reuse.

What is stamp duty Maharashtra based on- ready reckoner rate or consideration value of property?

For property sale documents, Stamp Duty Maharashtra is payable on whichever is higher- the consideration value of the property that is mentioned in the document or the ready reckoner rates /circle rates that are decided by the government.

Will stamp duty be reduced in 2024 in Maharashtra for developers of integrated townships?

Currently no such announcement has been made by the Maharashtra government. A 50% stamp duty concession for developers of integrated township projects in Thane, Navi Mumbai and Pune was announced by the Maharashtra government in 2023. However, this won’t be applicable to projects in Mumbai and Lonavala.

How can I lower stamp duty in India?

You can register the property in a women’s name, register under-construction property at lower undivided share and avail of tax benefits on stamp duty.

How can I get stamp duty refund stamp in Maharashtra?

The application of refund of stamp duty can be made within two years from the date of cancellation of the sale deed.

How to initiate stamp duty refund?

To initiate stamp duty refund in Maharashtra, you have to enter the information online and get a token. With this token, you have to submit the stamp duty refund form offline.

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stamp duty on assignment deed in maharashtra

With 16+ years of experience in various sectors, of which more than ten years in real estate, Anuradha Ramamirtham excels in tracking property trends and simplifying housing-related topics such as Rera, housing lottery, etc. Her diverse background includes roles at Times Property, Tech Target India, Indiantelevision.com and ITNation. Anuradha holds a PG Diploma degree in Journalism from KC College and has done BSc (IT) from SIES. In her leisure time, she enjoys singing and travelling. Email: [email protected]

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Allied laws.

  • Arbitration & Conciliation Act, 1996
  • Capital Market/SEBI Regulations
  • Chartered Accountants Act and Regulations
  • Checklist for Mergers, Demergers and Slump Sale
  • Competition Act, 2002
  • Consumer Protection Act, 1986
  • Employees Stock Options and Ownership Plans (ESOPs)
  • Fees – Recommended by ICAI
  • Indian Registration Act
  • Information Technology Act
  • Insolvency and Bankruptcy Code, 2016 (IBC)
  • Labour Laws
  • Leave and Licences
  • Limited Liability Partnership
  • Maharashtra Public Trusts Act, 1950 as amended by Maharashtra Public Trusts (Second Amendment) Act, 2017 Charity Commissioner (C.C.)

Maharashtra Stamp Act, 1958

  • NBFC Directions, 1998
  • Partnership Firms – Procedures (Maharashtra)
  • Period of Preservation of Accounts/Records under Different Laws
  • Real Estate (Regulation & Development) Act, 2016
  • Right to Information Act, 2005
  • SEBI (Alternative Investment Funds) Regulations, 2012
  • SEBI (Investment Advisers) Regulations, 2013
  • SEBI Listing Regulations
  • SEBI Takeover Regulations, 2011
  • Succession and Wills
  • The Banning of Unregulated Deposit Schemes Act, 2019
  • The Maharashtra E-Payment of Stamp Duty and Refund Rules, 2013
  • The Maharashtra e-Registration and e-Filing Rules, 2013
  • The Micro, Small and Medium Enterprises Development Act, 2006
  • Transfer and Transmission of Flats

I. Applicability

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. All other instruments are either chargeable under the Indian Stamp Act (e.g., transfer of shares) or are not chargeable at all (i.e., if they are not specified under the Act as well as under the Indian Stamp Act).

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 relates to a property situated in the State or a matter or thing to be done in the State.

2.3 An instrument covering or relating to several distinct matters is chargeable with the aggregate amount of duty with which each separate instrument would have been chargeable.

2.4 In case an instrument is so drafted that it is covered within the ambit of more than one Article under Schedule I, then it shall be taxed by that Article which levies the highest amount of stamp duty.

2.5 The term “Instrument” has been defined to include every document by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded.

However, it does not include a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy and receipt. Some instruments narrated are governed by Indian Stamp Act, 1999.

III. Certain Definitions

3.1 “Conveyance” has been defined to include:

  • A conveyance on sale,
  • Every instrument,
  • Every decree or final order of any Civil Court,
  • Every order made by the High Court u/s. 394 of the Companies Act, 1956 in respect of amalgamation of companies; by which property, whether movable or immovable or any estate or interest in any property is transferred to, or vested in any other person inter vivos and which is not otherwise specifically provided for by  Schedule I.

The Explanation to the definition provides that any instrument by which one co-owner transfers his property to another co-owner would be deemed to be a conveyance provided that it is not an instrument of partition.

3.2 “Instrument of gift” has been defined to include, in case of an oral gift any instrument recording its making or acceptance, whether by way of declaration or otherwise.

3.3 “Instrument of partition” means any instrument whereby co-owners of any property divide or agree to divide such property and includes:

  • Any final order for effecting a partition passed by any revenue authority or any civil court,
  • An award by an arbitration directing a partition, and
  • When any partition is effected without executing any such instrument, any instrument or instruments signed by the co-owners and recording, whether by way of declaration of such partition or otherwise, the terms of such partition amongst the co-owners.

The expression ‘co-owners’ includes all kinds of co-ownership such as joint tenancy, tenancy in common, coparcenary, membership of HUF, etc. and the partnership.

3.4 “Immovable Property” includes land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth. The two leading decisions on this definition are those of the Supreme Court in the case of Sirpur Paper Mills (1998) 1 SCC 400 and the case of Duncan’s Industries (2000) 1 SCC 633.

IV. Payment of Stamp Duty

4.1 Section 17 of the Act provides that all instruments chargeable with duty and executed in Maharashtra should be stamped before or at the time of execution or immediately thereafter or on the next working day following the date of execution.

4.2 Instrument executed only out of Maharashtra may be stamped within three months after it is first received in State.

4.3 Duty can be paid by way of adhesive or impressed stamps on the instruments. Adhesive Stamps affixed should be cancelled at the time of execution so that they are not available for reuse. Now franking of stamp duty is not permitted.

4.4 Further, S.14 prohibits writing of a second instrument chargeable with duty on a stamp paper on which an instrument chargeable with duty has already been written.

4.5 The stamp papers must be in the name of one of the parties to the transaction. They cannot be in the name of the relative, Chartered Accountant or Lawyer of the parties.

4.6 The date of issue of the stamp paper must not be more than 6 months older than the date of the transaction.

4.7 Who bears and pays the stamp duty is a matter of agreement between the parties. In the absence of any such agreement, the Act provides that in the case of a Conveyance, duty is to be paid by a buyer and by the lessee in case of a lease. In cases of Bonds, Release, Settlement, it is to be paid by the person making or drawing the instrument. In case of exchange, it is to be paid by the parties in equal shares and in case of partition, by the parties in proportion to their respective shares. In all other cases, it is to be paid by the person executing the instrument.

4.8 Stamp duty is payable at rates mentioned in Schedule I. Depending upon the Instrument, it may be based upon the market value, area, or various other criteria. In case of instruments which are based upon market value of the property, the term in relation to any property which is the subject matter of an instrument, means the price which such property would have fetched if sold in open market on date of execution of such instrument or consideration stated in the instrument whichever is higher. The stamp office determines the market value of the property by referring to an Annual Statement of Rates (commonly known as Stamp Duty Ready Reckoner) which gave the Market Values of various immovable properties in Mumbai. The Reckoner divides the immovable property into various categories such as developed land, undeveloped land, residential units, industrial units/office, shops, etc., and fixes their market value accordingly.

4.9 Any person can apply to the Collector of Stamps for adjudication of the stamp duty payable on the instrument who shall determine the duty, if any with which the instrument shall be chargeable. It may be noted that now adjudication is compulsory in all cases where an instrument requires registration as the Registrar of Sub-Assurance insists upon the same. The instrument should be brought to the Collector within 1 month of execution of such instrument in the State and within 3 months from date of receipt of such instrument in the State. When Registrar of sub-registrar Assurance determine proper value, there is no need for adjudication.

V. Under stamped Document

5.1 Under S. 34 of the Act, any instrument which is inadequately/not stamped, then it shall be inadmissible in evidence for any purpose, e.g., in a Civil Court. Such instruments can be admissible in evidence on payment of the requisite amount of duty and a penalty @ 2% per month on the deficient amount of duty calculated from the date of execution. However, the maximum penalty cannot exceed four times the amount of duty involved.

5.2 Further, any public officer can impound such improperly stamped instruments if it comes to his notice. Such impounded instruments must be sent to the Collector who would then determine the amount of duty and penalty, if any, payable on the same. Any party to an instrument can also  suo motu  submit an instrument for adjudication by the Collector u/s. 31.

There is separate set of procedure for a jurisdiction.

5.3 A person can be punished with rigorous imprisonment for up to 6 months (not less than 1 month) and with fine up to ₹ 5,000, if it is proved that the instrument was undervalued or short payment of duty was made with intention to evade duty.

SCHEDULE I RATES (IMPORTANT ARTICLES)

Maharashtra [as updated by maharashtra stamp (second amendment) act, 2017].

(  for use in the Court or Tribunal), as a condition of enrolments under the Air Force Act 1950 or Navy Act 1957

₹ 100

Agreement

 

(c)

(e)

(g-a)(i)

(g-a)(ii)

Relating to purchase/sale of shares & securities

Relating to purchase or sale of bullion/species

Development Rights Agreement

Relating to purchase of units in any scheme by an investor from a developer – when the investor sells the unit a set-off of the duty paid would be allowed against duty on Conveyance under Article 25

0.005% of the value of security

0.005% of the value of gold / silver

Same as in the case of a Conveyance as on the market value

Same as in the case of a Conveyance as on the market value

(g-d)

Relating to transfer of tenancy rights in:

 
 

For non-residential use of any size; or 
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

SOME IMPORTANT INSTRUMENTS UNDER INDIAN STAMP ACT

 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

AD VALOREM COURT FEES PAYABLE UNDER THE BOMBAY COURT FEES ACT, 1959

[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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Amendments to Maharashtra Stamp Act

AZB & Partners logo

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:

  • the stamping of documents that encompass multiple transactions; and
  • the creation of a mortgage by deposit of title deeds; and
  • mortgage deeds.

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:

  • title deeds, pawns, pledges or hypothecation (Article 6 of Schedule I of the Maharashtra Stamp Act); and
  • mortgage deeds (Article 40 of Schedule I of the Maharashtra Stamp Act).

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:

  • multiple borrowers or security providers;
  • multiple facilities or debts being secured; or
  • multiple properties over which a party seeks to create a security.

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.

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stamp duty on assignment deed in maharashtra

stamp duty on assignment deed in maharashtra

Government of Maharashtra passes the Maharashtra Stamp (Amendment) Act, 2021

stamp duty on assignment deed in maharashtra

01st Feb, 2022

  • Real Estate

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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stamp duty on assignment deed in maharashtra

Home » Blog » All-About Maharashtra Stamp Duty Amnesty Scheme – Benefits | Processes | Practical Insights

All-About Maharashtra Stamp Duty Amnesty Scheme – Benefits | Processes | Practical Insights

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  • Last Updated on 7 March, 2024

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stamp duty on assignment deed in maharashtra

By Adv. Shyamsundar Patil, IAS (Rtd) – Former MD | Mahananda, CA. Ramesh Prabhu – Chairman and CA. Shreyash Prabhu – Chairman | Maharashtra Societies Welfare Association (MahaSewa)

Table of Contents

  • What is Stamp Duty?
  • Why to pay Stamp Duty?
  • When to pay Stamp Duty?
  • Instruments on which stamp duty applicable
  • Significance of year: 1958 – 1980 – 1985
  • Stamp Duty on Gift deed
  • Stamp Duty Amnesty Scheme 2023 – 2024

1. What is Stamp Duty?

  • It is a tax payable to the STATE GOVERNMENT
  • Payable under Section 3 of The Maharashtra Stamp Act, 1958
  • Payable on Instruments given under Schedule-I of the Act
  • Only on proper payment of stamp duty is an instrument admissible as evidence in Court
  • Stamp duty to be paid in Full and On Time
  • Delay of payment of stamp duty attracts Penalty

2. Why to pay Stamp Duty?

  • It is to be paid as LAW exists
  • To ensure Legal Validity of Document
  • As per Sec 34 , Instrument not duly stamped is inadmissible as evidence
  • If not paid, under sec 34 Penalty of 2% per month from date of signing till deficient stamp duty is paid
  • Penalty up to 400% i.e. 4 times

If penalty is not paid, then?

  • Confiscation
  • Land Seizure
  • Under Sec 59(1) of Maharashtra Stamp Act, 1958 Imprisonment for a term NOT LESS THAN 1 month which may extend to 6 months

3. When to pay Stamp Duty?

Stamp duty payable:

  • Before execution of document
  • On day of execution of document
  • On next working day of execution of document

Taxmann's Maharashtra Stamp Duty Amnesty Scheme 2023-24 | Law & Practice

4. Instruments on which stamp duty is applicable

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

5. Significance of year: 1958 – 1980 – 1985

11th June, 1958:

  • Bombay Stamp Act, 1958 came into effect which was later changed to Maharashtra Stamp Act, 1958 in the year 2015.

4th July, 1980:

  • Market value concept was introduced.
  • Stamp duty payable on market value or agreement value whichever is higher.
  • Earlier stamp duty payable on agreement value only.

10th December, 1985:

  • Stamp duty payable compulsory on Agreement for sale
  • Before that only Rs. 5 required and stamp duty payment required during agreement for sale
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.

6. Stamp Duty on Gift deed

Stamp Duty on Gift deed

NOTE: 1% metro cess charged additional applicable since 8-2-2019

7. Stamp Duty Amnesty Scheme 2023 – 2024

7.1 what is the meaning of amnesty.

  • Forgiveness

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

7.2 When was the scheme launched?

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)

7.3 Time period for availing benefits

Scheme was launched in Two Phases for agreements between 1st January 1980 – 31st December 2020

  • PHASE 1:  From 1st December 2023 to 31st January 2024 – 29th February, 2024
  • PHASE 2: From 1st February 2024 to 31st March 2024 – 1st March, 2024

Extended on 31st Jan, 2024 by Deputy Secretary – Shri Satyanarayan Bajaj

7.4 Instruments covered under this scheme

  • Instrument related to Conveyance
  • Agreement to sale
  • Sale Certificate
  • Agreement related to deposit of:
  • Title deeds
  • Hypothecation

For Residential/Non–Residential/Industrial use

  • Agreement or Memorandum of agreement relating to transfer of immovable property for purpose of residential use
  • Conveyance of allotment of residential/non-residential units from MHADA, CIDCO and SRA to slum dweller for purpose of rehabilitation under scheme
  • Conveyance of allotment of residential/non-residential units or houses in registered Co-op Housing Societies or any apartment whose Deemed Conveyance is pending
  • Any type of Development Agreement
  • Agreement to sell
  • Instrument of transaction of Assignment of developer rights

Related to redevelopment of any dilapidated old buildings or immovable property whose redevelopment is necessary

Any type of document related to:

  • Amalgamation
  • Arrangement
  • Reconstruction of companies

Any type of instrument executed by:

  • MHADA and its divisional board
  • Municipal Corporation
  • Municipal Council
  • Nagar Panchayat
  • Planning authorities like MIDC, SRA, etc.

First Allotment Letter or Share Certificate issued related to residential/non-residential units by Regd. Coop. Society on Government Land or by:

  • Municipal Corporation, Council or Nagar Panchayat
  • Approved planning authorities like MIDC, SRA, etc.

7.5 Benefits of the Scheme

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%
(0% to be paid)

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%
(30% to be paid)

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
(10% to be paid)

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
(20% to be paid)

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

7.6 General FAQs

Faq 1. what documents need to be submitted along with application for availing amnesty scheme.

  • Original Instrument on which some amount of stamp duty paid or specified allotment letter issued by authorities or CHS on Government land
  • Copy of Society Registration Certificate
  • Copy of BMC Assessment bill
  • Copy of IOD/CC/OC of building
  • Copy of Property Card
  • Copy of Share Certificate (front & back)
  • Copy of Aadhar Card & Pan Card along with 2 recent passport size photographs
  • Letter from society about details of flat/apartment
  • Authority Letter
  • Proof of having possession, like:
  • Electricity bill
  • Entry in Form A during society formation
  • Telephone bill
  • Election Card
  • Bank Passbook

FAQ 2. My agreement is on a piece of paper (without stamp paper), can I avail the benefit?

  • NOT ELIGIBLE for Amnesty Scheme
  • Any amount of stamp paper should be present

FAQ 3. If stamp duty and penalty paid before the Scheme was announced, can I claim refund?

NO REFUND shall be granted

FAQ 4. How to apply for Scheme and within how many days to do the payment?

  • Application to be made through Online mode through https://igrmaharashtra.gov.in website
  • Within 7 days of receipt of demand notice from Registrar, payment has to be made

FAQ 5. How to tell if stamp paper is real or fake?

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.

Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.

stamp duty on assignment deed in maharashtra

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Maharashtra Stamp Act: Understanding Its Impact and Changes

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: A Cornerstone of Revenue Collection in Maharashtra

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.

What is the Maharashtra Stamp Act?

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.

Latest Maharashtra Stamp Act

The Maharashtra Stamp Act latest involves several important changes and continuations of previous policies as of 2024:

  • Stamp Duty Concession for Women: Maharashtra continues to offer a 1% stamp duty concession for women purchasing residential property. This initiative aims to encourage property ownership among women. The earlier 15-year lock-in period that restricted the resale of these properties to men has been abolished as of May 31, 2023 (Housing) .
  • Stamp Duty Rates: Standard stamp duty rates have been restored to 5% in Mumbai after a temporary reduction during the pandemic. These rates apply from April 2021 onwards, with specific concessions for certain types of properties and transactions .
  • Amnesty Scheme: The Maharashtra government has extended the Stamp Duty Amnesty Scheme until June 30, 2024. This scheme provides relief for properties that had incomplete or missing stamp duty payments dating back to 1980. The extension allows property owners to regularise documents with waived penalties under specified conditions .

Maharashtra Stamp Act 2015

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.

How is Stamp Duty Payable?

  • Stamp Duty can be paid by:
  • Using Stamp Paper
  • Using Adhesive Stamps
  • Online Challan

Stamp Duty Rates in Maharashtra

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).

Mumbai5% (includes 1% metro cess)2%3%Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh)
Pune6% (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)
Thane6% (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 Mumbai6% (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-Chinchwad6% (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)
Nagpur6% (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 Agreement in Maharashtra

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.

Stamp Duty Charges in Maharashtra on Conveyance Deed

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 deed3%
Gift deed for residential/agricultural property passed on to family membersRs 200
Lease deed5%
Power of attorney3% for property located in gram panchayat areas and 5% for property located in municipal areas.

Stamp Duty on Indemnity Bond in Maharashtra

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.

Stamp Duty on Guarantee Agreement in Maharashtra

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.

Maharashtra Stamp Duty Impact on Property Registration

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.

Recent Judgements on Maharashtra Stamp Duty

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.

Frequently Asked Questions

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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Maharashtra Stamp (Amendment) Act, 2021

Contributor.

Dhaval Vussonji & Associates weblink

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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Maharashtra Stamp Act: An Overview On Stamp Duty And Registration Charges

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.

What is Maharashtra Stamp Act?

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.

What Is Stamp Duty?

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.

How Is Stamp Duty Calculated?

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.

Stamp Duty And Registration Charges In Maharashtra

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.

Factors that Determine Your Fee on Stamp Duty & Registration

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:

  • Type of property

The fees on residential will be comparatively less than a commercial property.

  • The type of location

Properties in rural areas, as well as semi-urban areas, have to pay significantly less than in posh areas.

  • Market Value

The market value of the property and the area of ​​the property are taken into account for the calculation of stamp duty charges.

How To Pay Stamp Duty & Registration Charges Online In Mumbai?

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.

Maharashtra Stamp Act

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.

MAHA Stamp Duty Act

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]

Modes of Payment of Stamp Duty in Maharashtra

There are 4 modes of payment of Stamp Duty in Maharashtra:

  • Non-judicial Stamp Papers – This is the traditional but cumbersome and time-consuming mode of stamping, and forces one to obtain physical stamp paper by engaging with licensed vendors. The instrument to be executed is printed on such stamp paper. This option is not practicable in cases where stamp duty of larger denominations is required to be paid.
  • Franking a document – The process of franking a document requires submitting an application with an authorized bank or franking agency to pay stamp duty and stamp (using the vending machine) by the authorized bank or franking agency on the document denotes value. Franklin can only be done before the execution of the document and the maximum stamp duty cap is Rs. 5000 / document.
  • e-SBTR/Electronic Secured Bank Treasury Receipt – E-SBTR is an online payment service for payment of stamp duty through an electronic payment gateway. For this one has to fill the filling ‘input form’ at the branch office with any bank providing e-SBTR facility and pay the required amount of stamp duty. The bank then records these details in the Government Virtual Treasury and creates an e-SBTR on the special government pre-printed secure stationery which serves as proof of payment of stamp duty. Since the e-SBTR is issued on a special government stamp, it is necessary to physically collect an e-SBTR from the respective branch of the bank upon the presentation of the confirmation of online payment for the print of input form and stamp duty.
  • GRAS/Government Receipt Accounting System – Like e-SBTR GRAS, there is an online payment of stamp duty through an electronic payment system. However, under an e-SBTR mechanism, there is no need to physically go to the respective branch of the banks as recognition of e-challan generated online under GRAS as an accepted method of payment in sub-registrar offices and other offices of the department. Although a completely online process, GRAS has the limitation that it can only be used for compulsory registrable documents (under Section 17 of the Registration Act, 1908), including, inter alia, the right, title, and interest to or in immovable property. In financing transactions, therefore, this mode of payment will only be available for documents such as mortgages and cannot be used to pay stamp duty on other important but non-mandatory mandatory documents such as loan agreements, security and guarantee documents.

Recent Clarification on 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.

Stamp Duty News

  • On 6 March 2020, the Maha Vikas Aghadi (MVA) government in its landmark decision announced a 1% stamp duty concession and other related charges applicable to the registration of documents in areas falling under the Mumbai Metropolitan Region Development Authority (MMRDA) and Municipal Corporations of Pune, Pimpri-Chinchwad, and Nagpur by 2022.
  • On 31st March 2020, the Central Government has extended the applicability of stamp duty by 3 months. The provisions of the amended Indian Stamp Act, which were to come into force from 1 April 2020, will now come into force from 1 July 2020.
  • On 11th May 2020, the Maharashtra government has lost Rs 3885 crore in stamp duty in 40 days of lockdown. The state government has earned only Rs 15 crore through stamp duty and registration in the last 40 days – a steep fall in comparison to the Rs 4000 crore it usually generates in such a period.
  • On 28th May 2020, the Maharashtra Government has announced 1% concession of stamp duty.

Data Source: Google, Image source: https://gras.mahakosh.gov.in/

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Stamp Duty Calculator

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.

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.

How much stamp duty, registration fee, and other Taxes will I need to pay on the Sale Deed/Agreement for Sale in Maharashtra State?

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.

  • How to calculate Market Value of Property
  • How to calculate Capital Value of Property
  • What is Stamp Duty in Maharashtra

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.

  • Online Payment of stamp duty and registration fee through GRAS
  • Paying Stamp Duty through Franking in Post Offices
  • Paying Stamp Duty through Stamp Vendors

The Department of Registration and Stamp, Maharashtra State Government had appointed Authorised Service Providers to register Leave and License Agreement in Maharashtra.

  • e-Registration of Leave and License Agreement.

We have provided the Timeline Events of Registration and Stamp Department, Maharashtra State.

  • Department of Registration and Stamps Timeline Events.
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Schedules of stamp duty and registration fees payable on some important instruments under The Maharashtra Stamp Duty Act as amended up to April 2018

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, 
₹ 100/-]

    (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/-

IMAGES

  1. Stamp duty and registration charges in Maharashtra in 2022: All you

    stamp duty on assignment deed in maharashtra

  2. Stamp duty on gift deed in Maharashtra and registration charges

    stamp duty on assignment deed in maharashtra

  3. Stamp Duty and Registration Charges in Maharashtra in 2024

    stamp duty on assignment deed in maharashtra

  4. What is Stamp Duty in India? How to pay Stamp Duty Online

    stamp duty on assignment deed in maharashtra

  5. Stamp Duty on Gift Deed and its Procedure in India

    stamp duty on assignment deed in maharashtra

  6. Stamp Duty and Registration Charges in Maharashtra

    stamp duty on assignment deed in maharashtra

VIDEO

  1. Stamp Duty & Registration, Shri Naresh pai, Consultant MSWA

  2. EQUITABLE MORTGAGE (NOTICE OF INTIMATION)

  3. Maharashtra Land Rule: महाराष्ट्रात शेतजमीन खरेदी-विक्रीच्या नियमात 3 मोठे बदल । Land Buying Care

  4. बक्षिसपत्र म्हणजे काय ? Gift Deed Means What? What is Procedure to done it

  5. Maharashtra Stamp Duty Amnesty Scheme 2023

  6. Paid Stamp Duty but not Register Agreement then what ? CA Vimal Punmiya

COMMENTS

  1. PDF Schedule I and II to THE MAHARASHTRA STAMP ACT (BOM. ACT LX OF 1958)

    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.

  2. PDF BOMBAY ACT No. LX OF 1958.

    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]

  3. Maharashtra Stamp Act amended to clarify legal stand in case of

    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% ...

  4. Stamp Duty on Assignment of Receivables

    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% ...

  5. Stamp duty and registration charges in Maharashtra in 2024

    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 ...

  6. Stamp Duty on Debt Assignment

    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 ...

  7. Department of Registration & Stamps

    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.

  8. PDF The Maharashtra Stamp Act*

    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.

  9. Maharashtra Stamp Act, 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 ...

  10. PDF Recent Decision on Stamp Duty on Debt Assignment

    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 ...

  11. PDF Chapter Iii : Stamp Duty and Registration Fees

    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.

  12. PDF In the High Court of Judicature at Bombay Ordinary Original Civil

    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 ...

  13. Maharashtra Stamp Act

    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 ...

  14. Amendments to Maharashtra Stamp Act

    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 ...

  15. Amendments To Maharashtra Stamp Act: Increase In The Ceiling On Stamp

    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 ...

  16. Government of Maharashtra passes the Maharashtra Stamp (Amendment) Act

    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 ...

  17. All-About Maharashtra Stamp Duty Amnesty Scheme

    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.

  18. Maharashtra Stamp Act 2024

    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 ...

  19. Maharashtra Stamp (Amendment) Act, 2021

    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.

  20. Maharashtra Stamp Act: An Overview On Stamp Duty And Registration Charges

    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.

  21. Stamp Duty and Registration Fee Calculator

    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.

  22. The Maharashtra Stamp Act 1958

    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

  23. PDF Stamp Duty in Maharashtra on common Bank Documents as at- 20.1

    Stamp Duty in Maharashtra on common Bank Documents ...

  24. PDF Stamp Duty on lease agreements applicable in Maharashtra

    Stamp duty on Lease Transactions in Maharashtra