₹ 30,000 which ever is less. Registration is compulsory.
In any other case stamp duty is same as applicable to conveyance deed, under article 25. i.e., 5% at market value.
[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].
(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.
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.
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.
(i) Where the leave & licence (L&L) agreement purports to be for a term not exceeding sixty months with or without renewal clause
[Including under lease or sub-lease and any agreement to let or sub-let or any renewal of lease].
Where such lease purport to be
(i) For a period not exceeding five years
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.
[Including agreement for surrendering of lease].
(i) Without any consideration
(ii) With consideration
5% of Consideration
1% of Consideration*
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.
[if 5% paid on Agreement, then ₹ 500/-]
[if 1% paid on Agreement,
₹ 100/-]
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.
(See note written earlier in This paragraph)
(Regn. not compulsory)
(Regn. not compulsory)
Note : Registration Fee with (*) is subject to Maximum ₹ 30,000/-
|
/ ale | ||
An Agreement for Sale is an initial basic document that contains the term and conditions between buyer and seller. | ||
Full Stamp Duty & Registration Fees are applicable on the registration of Agreement for Sale. | ||
If some amount of the transaction is due from the buyer then Agreement to Sell should be registered. It ensures that there will not be any dispute between the parties until the seller receives the full payment and transfer the ownership to the buyer. | ||
Agreement to Sell does not transfer the ownership. | The Sale Deed/Assignment Deed transfers the ownership. | |
If there is no Loan involved, the Sale Deed/Assignment Deed can be done directly. | ||
By Agreement to Sell the process of property transfer begins. | By Sale Deed/Assignment Deed, the ownership gets transferred. | |
The Agreement to Sell contains all the promises made by the Buyer and Seller to complete the transaction. | ||
In the Agreement, parties mention the decided price. | ||
In the Agreement to Sell usually the seller tries to protect his interest, so the terms and conditions in it would be in favor of the Seller. | , the Buyers interest is more important, so the terms and conditions in this document usually would be in favor of the buyer. | |
Agreement to Sell is not a Conveyance Deed. | is considered as Conveyance Deed | |
While doing Agreement to Sell the possession of the property can be under any party. | , usually, the possession is handed over to the Buyer. etc. |
Important Points
An Agreement to sell is a document that contains terms and conditions of the sale of a property. It includes token amount detail and the terms and conditions regarding the amount at which the flat to be sold, the time limit for both the parties to complete the sale, and the buyer’s promise to make full payment within a certain time.
In this document, the ownership/title of the property gets transferred to the buyer.
It obligates the buyer and seller that throughout the sale process they must follow the terms and conditions mentioned in the agreement for sale until the final sale deed gets registered. An agreement for Sale is the base document on which the deed of assignment or sale deed is drafted (Deed of assignment/sale deed is the document prepared at the time of full payment made by the buyer and when the actual transfer of the property takes place).
In Maharashtra, the Registration Charges are fixed, which are Rs. 30,000/- or 1% of the Transaction Value (whichever is lower).
Stamp Duty gets changed as per the property location, for example – usually, Stamp Duty is less in Rural Areas compared to Corporations.
To check the online Stamp Duty calculator, visit – https://procounsel.in/online-stamp-duty-calculator/
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Updated : May 1, 2024
At any point, if any movable or immovable resource/asset changes ownership, to get it stamped or legalized - a specific amount of tax has to be paid to the state government, which is known as stamp duty. The Maharashtra Stamp Act states such resources and assets on which the stamp obligation must be paid to the state government. The Act additionally specifies the measure of the amount that is to be paid to the state authorities.
The Bombay Stamp Act, enacted in 1958, is a pivotal legal framework that governs the collection of stamp duties on document-based transactions within Maharashtra. Originally applied to the greater Bombay region, this act became an integral part of Maharashtra's legislative environment following the state's formation in 1960.
This Act mandates the payment of stamp duty, which is essentially a form of tax, on various documents including transfer deeds, agreements, certificates, bonds, and leases. The primary purpose of this duty is to confer legal authenticity to these documents while generating revenue for state administrative functions.
Over the years, the Bombay Stamp Act has been amended multiple times to respond to the dynamic economic conditions and real estate market of Maharashtra. These amendments ensure that the stamp duty rates are adjusted and practices streamlined to enhance compliance and minimise evasion.
The implementation of this Act is crucial for the state as it not only secures revenue but also supports the maintenance of a robust legal documentation system, which is fundamental to the functioning of both governmental and private sector transactions.
The Bombay Stamp Act 1958 now known as the Maharashtra Stamp Act 1958, applies to every one of the agencies that are referenced in Maharashtra Stamp Act Schedule 1, on which the stamp duty is payable to the state. There was an amendment in the Maharashtra Stamp Act recently and the changes are inclusive to the modification of stamp duty on the agreement in Maharashtra on gift deeds, incorporation of electronic payment of stamp duty, an update on penalty clauses, and an increment on the amount of stamp duty under certain instruments provisions.
As of January 25, 2024, there are notable updates regarding the Maharashtra Stamp Act. Firstly, the 1% stamp duty concession for women purchasing residential property continues. This reduction applies to the standard rates, which vary between 2% to 5%, and the previous 15-year lock-in period for beneficiaries was abolished as of May 31, 2023.
Additionally, the Maharashtra government introduced the 'Abhay Yojana' amnesty scheme in December 2023. This scheme, in its second phase until March 31, 2024, allows the regularisation of inadequately stamped documents with reduced penalties. Benefits include a complete waiver of stamp duty and penalties for amounts under Rs. 1 lakh and a 50% waiver on stamp duty with full penalty exemption for amounts over Rs. 1 lakh.
Importantly, the stamp duty rates for the fiscal year 2023-24 remain unchanged from the previous year.
The Maharashtra Stamp Act latest involves several important changes and continuations of previous policies as of 2024:
On 24 April 2015, the original Maharashtra Stamp Act 1958 received the affirmation for it to be called the Maharashtra Stamp Act 2015. There were a few changes made to the Act – the stamp duty rate of certain instruments under Schedule 1 was increased. Therefore, the Maharashtra Stamp Amendment Act 2015 first came into order.
There are various factors that decide the stamp rate duty on property in the state of Maharashtra (or any state). Naming a few of these factors - the locality of the property - urban or rural, the total cost of the transaction, etc. The Maharashtra stamp duty Act 2020, reduced the stamp duty on properties for the next two years. This is only applicable in the areas falling under the Mumbai Metropolitan Region Development Authority (MMRDA) and municipal corporations of Pune, Pimpri-Chinchwad, and Nagpur. This means that stamp duty on properties in Mumbai, Pune, and Nagpur, was charged at 5% (4% stamp duty + 1% metro cess).
Mumbai | 5% (includes 1% metro cess) | 2% | 3% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Pune | 6% (includes transport surcharge and local body tax) | 3% | 4% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Thane | 6% (includes transport surcharge and local body tax) | 3% | 4% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Navi Mumbai | 6% (includes transport surcharge and local body tax) | 3% | 4% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Pimpri-Chinchwad | 6% (includes transport surcharge and local body tax) | 3% | 4% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Nagpur | 6% (includes transport surcharge and local body tax) | 3% | 4% | Rs 30,000 (for properties above Rs 30 lakh); 1% (for properties below Rs 30 lakh) |
Stamp Duty on hypothecation agreements in Maharashtra on instruments, pledges and mortgages on home loans in the province of Maharashtra was capped. As per the latest Maharashtra stamp act, the stamp obligation on such instruments is currently covered at a greater stamp duty of Rs. 10,00,000). This revision has been presented with impact from 1 July 2014.
According to the amendments made to the Maharashtra Stamp Act 2015, Article 34 states that 3% of the property’s value is the stamp duty on conveyance deeds (gift deeds). However, if a property – Residential or Agricultural, is gifted without the family having to pay any sum of money, then the stamp duty rate is Rs. 200 as per article 34 of the Maharashtra stamp act.
Gift deed | 3% |
Gift deed for residential/agricultural property passed on to family members | Rs 200 |
Lease deed | 5% |
Power of attorney | 3% for property located in gram panchayat areas and 5% for property located in municipal areas. |
According to Article 35 of Schedule 1 of the Maharashtra Stamp Act 1958, and then the Maharashtra Stamp (Amendment) Act 2015 - the price of the stamp duty on indemnity bonds in Maharashtra is Rs 500.
According to Article 5(h) (A)(iv), the stamp duty on bank guarantee agreements in Maharashtra is –
(i) If the loan amount is less than Rupees Ten Lakh - 0.1% of the amount stipulated in the contract, with a minimum of rupees 100.
(ii) If the amount exceeds Rupees Ten Lakh, the stamp duty on the personal guarantee in Maharashtra – 0.2% of the amount agreed in the contract.
Property registrations saw a dip of 50% in the month of April as compared to that of the month of March after the Maharashtra government restored the stamp duty rate of 5% from 1 April 2021. According to the state government’s data, before the sanctions were to be lifted – in the month of March, Maharashtra (excluding) Mumbai saw a record-breaking spike of 2.13 lakh registrations. While only 90,500 registrations were made till 29 April. Maharashtra stamp duty had a huge impact on property registrations.
Official announcement of the cut of stamp duty on loan agreements in Maharashtra had seen a boost in property sales, especially in Mumbai (Bombay, as we know, is one of the most expensive cities in India). There were many Bollywood A-listers such as Hrithik Roshan and Jahnvi Kapoor who were seen buying properties. Between September 1 and October 17, 2020, luxurious properties were registered across 25 registration offices in Mumbai that were collectively worth 2200 crores.
The Bombay High Court in a recent judgement directed the Government of Maharashtra to reimburse excess stamp duty, within about a month from the date of the receipt of the application. If the authorities fail to do so, they are applicable to pay interest at the rate of 12% p.a. The above order was applicable even on the stamp duty on education loan in Maharashtra.
In a landmark ruling, the High Court decided in favour of Macrotech Developers Ltd and Palava Dwellers regarding their land purchase under 'Integrated Township Projects' in Kalyan and Bhiwandi. These projects qualified for a 50% reduction in stamp duty. The state initially rejected the combining of this discount with another waiver on stamp duty for conveyance agreements, but the High Court ruled that both concessions are applicable concurrently. Consequently, the state was ordered to refund any excess stamp duty paid within a specified timeframe.
Maharashtra Stamp Duty Act has seen various amendments through time. Legal matters may seem hard to keep up with and a little hard to understand, but don’t let that stop you. We at NoBroker are here to help you. Click on the link below and we will assist you on legal matters. If you have any queries, leave them below and our experts will get back to you.
Ans: No, the rate of stamp duty is not the same across the whole state of Maharashtra. The price depends on the location of the property. The rates are mentioned in the above article.
Ans: Yes, you can pay it online. Visit their site - https://gras.mahakosh.gov.in/echallan/
Ans: The price for the stamp duty is Rs 500, which is also payable online.
Ans: Yes, they are. Earlier the Maharashtra Stamp Act was referred to as the Bombay Stamp Act.
Ans: Ready reckoner state or the market value is how the rate of the stamp duty is calculated.
Ans: The Maharashtra Stamp Act Bare Act is the fundamental legal document outlining the rules and regulations for stamp duty and taxation on property transactions in Maharashtra.
Ans: No simple receipt may be considered genuine unless it is altered within six months of the date of stamp purchase by the registration officer or another officer with the necessary authority.
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Kruthi is a Chartered Accountant has worked for various Real Estate firms across India, she is well versed with the legal and financial aspects of all real estate transactions. There are numerous documents and plenty of hidden fees that people get lost in, her goal is to shed some light on it all.
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Kedar Naniwadekar --> 29 October 2015
What is the stamp duty for Trademark Assignment Deed and how is the stamp duty calculated for the same? Also what is the procedure for registration of Trademark Assignment Deed? I have been given 2 different advices 1) the stamp duty shall be 0.1% of the total value if the value is below Rs. 10 Lakhs and 0.2% if the total value is above Rs. 10 Lakhs; and 2) the stamp duty shall be 3% of the total value.
Priyanka Kulkarni (Advocate and Intellectual Property Attorney Solicitor (England and Wales) (NP)) --> 30 October 2015
Being lawyer, first you need to check the relevant jurisdiction and decide which stamp Act applies e.g. Maharashtra Stamp Act (previously Bombay Stamp Act) and then read the relevant provision.
You may contact me at [email protected]
Priyanka Kulkarni
IP Attorney and Solicitor of England and Wales( NP)
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Home » Must Knows » Legal » When is partition deed used for property division?
Partition deed is that legal document drafted and executed at the time of division of a common property. A partition deed is mostly used by families, to divide members’ shares in inherited properties. After the division through the partition deed, each member becomes the independent owner of his share in the property and is legally free to sell, rent or gift his asset, according to his wishes.
Table of Contents
See also: Coparcener meaning in HUF context
The need for a partition deed arises, when it becomes important to create a clear division of shares in a common property.
See also: Partnership deed must be stamped as required by Indian Stamps Act
See also: Can gift deed be revoked
A partition deed would mentioned the following information:
Also read: Stamp duty on property registration in Gujarat
To execute a partition deed, the following documents are required:
See also: Deemed conveyance meaning
The procedure of partition deed registration is by and large similar in most states. In our example, we are showing you the process to register partition deed in Delhi:
Step 1: Visit the Delhi Online Registration Information System (DORIS) website.
Step 2: On the homepage you will se the ‘Deed Writer’ option. Click on it.
Step 3: From the options available, select ‘Partition Deed’ option.
Step 4: From the sub deed option, select ‘Partition Deed’.
Step 5: You will now be asked to provide the mobile number of the second party, and property valuation.
Step 6: You will now have to follow a detailed process to provide first party, second party and witness details to start partition deed registration process.
Once you done with that, you will have to pay the e-stamp duty on the Stockholding Corporation of India website. After the payment of stamp duty and registration charges, you can book an online appointment to register the partition deed at the sub-registrar’s office.
Also read all about probate meaning , uses and how to apply for it
To attain legal validity, a partition deed must be registered with the sub-registrar of the area in which the immovable asset is located. This is mandatory under Section 17 of the Indian registration Act, 1908. This means that the parties involved in the partition, will have to pay stamp duty charges (under the provisions of the Indian stamp Act, 1899) and registration charge, to get the partition deed registered.
Stamp duty on partition deed varies from state to state. For example, in Delhi, 2% of the value of the separated share of the property has to be paid as the stamp duty on a partition deed. The same rate is applicable on registration of partition deeds in Maharashtra, along with a 1% registration charge. (However, it is not mandatory for the co-owners to register the partition deed in the state.)
know about: Partnership deed
Since no transfer has taken place as such through the partition, the beneficiaries are not liable to pay any capital gains tax after the division.
See also: What is a title deed ?
How is property divided through a partition deed.
If a property is being divided between two people who have invested in the purchase, the division is based on their respective contribution. If two siblings bought a property for, say Rs 1 crore and each contributed Rs 50 lakhs, the property will be divided equally between the two parties through a partition deed. If the ratio of their contribution is 60:40, the division would be in this manner. However, the law assumes each member to have an equal share in an undivided property, unless documentary proof stating otherwise is produced.
In case of inherited property, co-owners would get their share in a property based on their treatment in the inheritance law governing their religion.
See also: Types of joint ownership of property
Partition of any property is subject to the laws of inheritance. This brings into picture inheritance laws governing property division among Hindus, Muslims and Christians. At the time of partition, the share of each member is determined, based on his entitlement under the applicable inheritance laws.
See also: All about property rights of daughters married before 1989
According to the Hindu Succession Act, 1956, a deceased Hindu’s assets are divided among his legal heirs, either according to his will, or under the rules stated in the Act if the person has died without leaving a will – i.e., intestate. While the Hindu Succession Act, 1956, is applicable on the partition in a Hindu Joint Family, the Hindu Partition Act of Property, 1892, is applicable on partition of a property that is jointly owned.
See also: Inheriting assets after death of the owner
Once the partition deed comes into effect, each share in the property becomes an independent entity. Each divided share of the asset gets a new title. Also, members surrender their claim in the shares that have been allocated to the other members.
For example, if Ram, Shyam and Mohan divide a property through a partition deed, then, Ram and Shyam would give up their right in the part that has been allocated to Mohan. Similarly, Mohan would give up his right in the shares allotted to Ram and Shyam. Apart from the common areas where easements rights are applicable, each one has an independent property within an estate, after its partition. This also provides them the right to deal with their share in a manner they like.
After the partition, each party must also complete the property mutation process, to make the change legally valid.
See also: What is mutation of property and why is it important?
In 2018, the Maharashtra government said that the process of partition of properties belonging to a Hindu Undivided Family (HUF) and the receipt thereof by a coparcener, do not fall under the definition of ‘transfer’. Consequently, it is not compulsory to register such partition deeds. Note here that in case the partition has been affected through a partition deed, which has not been registered, the deed will not be admissible as a proof in a court of law.
If the partition deed is not registered by paying the applicable stamp duty and registration charges, it will have no legal validity. Consequently, the unregistered partition deed will not be admissible as an evidence under Section 49 of the Registration Act, 1908.
See also: All about property registration laws in India
Under the provisions of the law, a property would be divided, either by way of a partition deed or by a partition suit. The need to go for the second option arises, in case of a dispute or in cases where the co-owners do not mutually agree to the partition. In this case, a partition suit must be filed in an appropriate court of law.
Before one can file a suit, they will have to issue a request to all the co-owners, demanding partition. In case the parties refuse to entertain your request, you are within your legal rights to move court over the matter. Under the Indian laws, the aggrieved party must approach the court within three years, from the date when the right to file a partition suit accrues.
Both the instruments, however, serve the same purpose – they create and extinguish rights of co-owners in a jointly owned property.
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Under the laws governing inheritance among Hindus, Jains, Buddhists and Sikhs, Class-I heirs of a property can enter into a verbal memorandum of family settlement and divide the property on mutually agreeable terms. Since this oral agreement has been reached without using the partition deed as an instrument, the need to register the transaction is entirely avoided.
While delivering its verdict in the case of Nitin Jain versus Anju Jain and others, a division bench of the Delhi High Court, in 2007, ruled that no stamp duty is payable in case of a verbal division of property.
“It’s legally permissible to arrive at an oral family settlement dividing/partitioning the properties and thereafter, record a memorandum in writing, whereby the existing joint owners, for the sake of posterity, record that the property has been already partitioned or divided,” the bench held. “Courts have recognised oral partitions in cases of joint families. An oral partition is not an instrument of partition, as contemplated under Section 2(15) of the Stamp Act. Therefore, as it is not an instrument, no stamp duty is payable on an oral partition,” the HC further said.
However, in the absence of a partition deed, the shares of the co-owners remain undivided in this kind of arrangement. This also means, they are not free to sell, gift or transfer their share in their property on their own.
See also: All about e stamping
Provided below is a general partition deed sample . Note here that this partition deed format is only to give the readers a general view of the deed.
This deed of partition made at __________this _________ day of
(1) Mr._________________, S/o._____________, Age ______years, Occupation__________, Residing at__________________________. Hereinafter referred to as the first party.
(2) Mr_________________, S/o._____________, Age ______years, Occupation__________, Residing at__________________________. Hereinafter referred to as the second party.
(3) Miss_________________, D/o._____________, Age ______years, Occupation__________, Residing at__________________________. Hereinafter referred to as the third party.
(a) The property described in the first schedule shall be allotted to the first party exclusively.
(b) The property described in the second schedule shall be allotted to the second party exclusively.
(c) The property described in the said third schedule shall be allotted to the third party exclusively.
Now this deed witnesseth that
(Details of Undivided properties belongs to Joint Family)
Description of the property
FIRST SCHEDULE
(Property allotted to the share of Sri.__________________________First party)
SECOND SCHEDULE
(Property allotted to the share of Sri.__________________________Second party)
THIRD SCHEDULE
(Property allotted to the share of Miss_________________________Third party)
See also: All about GST on flat
To download PDF format, click here .
Consent from all co-owners must for partition deed to be valid: sc.
A partition suit of a joint property will only be legally binding only if it has the written consent of all parties concerned, says the Supreme Court. While adjucating an appeal in the in Prashant Sahu and others versus Charulata Sahu and others, the apex court said that consent of only some co-owners is not enough to give partitions suits a legal status.
Read full coverage here .
An ancestral property received by a Hindu woman through a registered partition deed will not qualify cannot be termed inheritance under the Hindu Succession Act, the Karnataka High Court has ruled. Consequently, such a property will not go back to the heirs of the woman’s father upon her demise, the HC added.
Yes, a partition deed can be challenged.
A partition deed can be used as a legal instrument, to divide a property among the co-owners.
The partition will be valid, as long as a written memorandum of agreement has been signed among the family members pertaining to the partition. This document need not be registered.
An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel. [email protected]
Property received by woman through partition deed not inheritance: HC.
Rights of a father to sell ancestral property.
Who is a Karta in a Hindu Undivided Family (HUF)?.
Consent from all co-owners must for partition deed to be valid: SC.
Husband buying property in wife’s name not always benami: Calcutta HC.
Do married daughters have a right in parents’ property?.
In Phoenix Arc Private Limited, Mumbai Vs. M/S. Cherupushpam Films Pvt Limited, Ernakulam (2023) ibclaw.in 48 NCLT (hereafter Phoenix ARC) the question raised before the NCLT, Kochi Bench was whether stamp duty has to be paid on a deed assigning debt to an Asset Reconstruction Company (ARC). The NCLT Kochi Bench has held that the ARC is bound to pay the appropriate stamp duty as per the relevant state legislation, in this case the Kerala Stamp Act, 1959 (KSA, 1959
Adv. Haaris Moosa
Stamping has been used by litigators as a deus ex machina for long. Insufficient stamping determines the fate of a case quite independent of its facts or merits. The interplay of the stamping legislations with the Insolvency and Bankruptcy Code, 2016 (IB Code, 2016), has not been adequately analysed by either courts or tribunals. Stamping in India is regulated by both Union and State legislations since it is covered by Entry 91 of the Union List and Entry 63 of the State List. The Union legislation is the Indian Stamp Act, 1899 (ISA, 1899) 1 and almost all the States have their own stamping statutes. The stamping legislations of old vintage have stood their ground even with the coming of avant garde legislations meant to streamline commercial transactions like the Arbitration and Conciliation Act, 1996, SARFAESI Act, 2002, Companies Act, 2013 and now the IB Code,2016.
In Phoenix ARC Private Limited, Mumbai Vs. M/S. Cherupushpam Films Pvt Limited, Ernakulam (2023) ibclaw.in 48 NCLT (hereafter Phoenix ARC ) the question raised before the NCLT, Kochi Bench was whether stamp duty has to be paid on a deed assigning debt to an Asset Reconstruction Company (ARC). The NCLT Kochi Bench has held that the ARC is bound to pay the appropriate stamp duty as per the relevant state legislation, in this case the Kerala Stamp Act, 1959 (KSA, 1959) 2 . The Hon’ble NCLT held that the applicability of KSA 1959 2 is not ruled out by the prescription under Section 8F of the Indian Stamp Act, 1899 (ISA, 1899) which exempts ARCs from paying any stamp duty on “ any agreement or other document for transfer or assignment of rights or interest in financial assets of banks or financial institution s” covered under section 5 of the SARFAESI Act, 2002.
KSA, 1959 in section 25, declares the assignment of a debt to be a conveyance, and the duty payable has been pegged at 8%. In the instant case, the Tribunal found that the assignment deed was to be stamped at 8% as per Section 25 of KSA, 1959 since the agreement was made in Kerala. Interestingly in the instant case, the stamp duty as per KSA, 1959 comes to Rs. 6,33,99,500/- while the assignment deed was found to be made on a non-judicial stamp paper of Rs. 500/-. Consequently, the Tribunal found the assignment deed to be unenforceable for insufficient stamping. Phoenix ARC breaks new ground in holding that the assignment of a debt to an Asset Reconstruction Company is liable to be stamped as per the concerned state stamping legislation.
In Essar Steel India Ltd. Committee of Creditors v. Satish Kumar Gupta [2019] ibclaw.in 07 SC (hereafter Essar Steel ) the supreme court confirmed the decision of the NCLAT, [2019] ibclaw.in 109 NCLAT in affirming the decision of the NCLT in rejecting an application that suffered from insufficient stamping. And held that “Further, the submission of the Appellants that they have now paid the requisite stamp duty, after the impugned NCLAT judgment, would not assist the case of the Appellants at this belated stage. These appeals are therefore dismissed.” 3 Quite to the contrary, in Praful Nanji Satra v. Vistra ITCL (India) Ltd. (2022) ibclaw.in 550 NCLAT , the NCLAT went on to reject an argument for dismissal of an application for insufficient stamping, holding that the only issue that the NCLT in IBC proceedings can look at is whether there has been a default, and nothing further. It was also held that insufficient stamping is a curable defect. The effect of insufficient stamping has attracted contradictory judgments from the NCLAT and the Supreme Court. However, Phoenix ARC follows the correct law laid down by the Supreme Court in Essar Steel .
It is to be noted that proceedings under Code are non-adversarial. Any applicant seeking to initiate corporate insolvency proceedings is required to produce documents that satisfy the Adjudicating Authority (the NCLT) proving the default committed by the corporate debtor. Such an applicant is also required to ensure that the financial contracts on which they rely are legally sound and are not truncated. While structuring true sale transactions for assignment of debt (standard assets or NPA), compliance under the applicable stamping legislations must be ensured to avoid legal complications.
Disclaimer: The Opinions expressed in this article are that of the author(s). The facts and opinions expressed here do not reflect the views of IBC Laws ( http://www.ibclaw.in ). The entire contents of this document have been prepared on the basis of the information existing at the time of the preparation. The author(s) and IBC Laws ( http://www.ibclaw.in ) do not take responsibility of the same. Postings on this blog are for informational purposes only. Nothing herein shall be deemed or construed to constitute legal or investment advice. Discussions on, or arising out of this, blog between contributors and other persons shall not create any attorney-client relationship.
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Mumbai, Aug 29 (PTI) The Maharashtra government will consider the real estate industry's demand to provide concession in stamp duty for registration of properties. Addressing an event organised by Naredco-Maharashtra, Atul Save, Minister of Housing, Government of Maharashtra, said it would consider the real estate developers' demand of granting further concessions in registration and stamp duty. "Naredco Maharashtra, on behalf of its developer members, have requested for further concessions in stamp duty and registration of housing properties in order to boost housing sales. The (state) government will think about granting any such further concessions," Save was quoted as saying in a statement issued by Naredco. Emphasising the Centre's push to affordable housing and 'Housing for All', Save mentioned that the state government had already given one per cent reduction on registration to women who wanted to buy a residential property. "We will also think of what other concessions for registration could we extend," he added. Save also called the real estate developers to come forward and invest in building 1.25 lakh houses for mill workers in Mumbai. Valsa Singh Nair, Additional Chief Secretary, Housing Department, Government of Maharashtra, informed that the state government will soon introduce new policies such as amnesty scheme for stalled SRA (slum rehabilitation) projects and the new PAP Policy for timely completion of redevelopment projects. Prashant Sharma, President at NAREDCO Maharashtra, said, "The market has seen unprecedented expansion since the pandemic, with Mumbai and Pune leading a revival that accounted for nearly 54 per cent of new launches last year. This surge is driven by rising incomes, economic development, demographic benefits and supportive government policies." Niranjan Hiranandani, Chairman at NAREDCO, requested the state government authorities to allocate 5,000 slum redevelopment projects to the industry body. Sandeep Runwal, Vice Chairman at NAREDCO Maharashtra, "In Mumbai, the residential market has surged by 30-40 per cent, with increasing demand for larger homes and improved lifestyles." "We are witnessing unprecedented infrastructure growth, with Mumbai nearing 300 kilometres of metro lines - a significant achievement when compared to London's historical network," Bhushan Gagrani (IAS), Commissioner of the Brihanmumbai Municipal Corporation (BMC), said.
(This story has not been edited by THE WEEK and is auto-generated from PTI)
COMMENTS
rred by clause (a) of section 9 of the Bombay Stamp Act, 1958 (Born. LX of 1958), the Government of Maharashtra, having satisfied that it is necessary to do. so in the public interest, hereby reduces, with effect from the 1st August, 1994, the maximum duty chargeable on Articles of Associatio. of a Company unde.
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.
Stamp duty and registration charges in Maharashtra 2024: Know how to calculate, pay online, rebates and tax benefits.
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]
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% ...
The Maharashtra Stamp (Amendment and Validation) Ordinance, 2021 ('Ordinance') dated 9 th February, 2021 amends Maharashtra Stamp Act, 1958 (' Stamp Act ') to fill several gaps in the aforementioned provisions. The same have been discussed below - Arbitrage in rate of stamp duty levied on equitable mortgage and simple mortgage -
How much stamp duty, registration fee, and other Taxes will I need to pay on the Sale Deed/Agreement for Sale in Maharashtra State?
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.
1. (1) This Act may be called 1[the Maharashtra Stamp Act). Short title, (2) 2It extends to the whole of the [State of Maharashtra]. (3) It shall come into force on such date as the State Government may, by notification in the. Official Gazette, direct.
On January 20, 2022, the Maharashtra Government passed the Maharashtra Stamp (Amendment) Act, 2021 (" 2021 Act ") to amend the Maharashtra Stamp Act, 1958 (" Act "). By way of the 2021 Act, following key changes have been introduced in Schedule I to the Act: Article 6 - Agreement Relating to Deposit of Title Deeds, Pawn, Pledge or ...
The 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 ...
In fact, in States such as Maharashtra, the State Government has issued notifications for reduction of stamp duty on a deed of assignment under the article for Conveyance.
Registration and Stamp Duty After the Deed of Assignment for flat has been signed by both the parties (assignor and assignee), it must be registered in the sub-registration office. In Maharashtra, the stamp duty for registration is calculated based on the consideration price or the government valuation of the property, whichever is higher. This is an important step to ensure that the transfer ...
The Maharashtra Stamp Act is a state-specific legislation that prescribes the rates of stamp duty on various legal instruments. Stamp duty is a form of tax collected by the government on legal documents, which is essential for their validity and enforceability. The Act ensures that all transactions are properly documented and taxes are duly ...
The stamp duty on the lease agreements to be executed in the State of Maharashtra is governed by Article 36 read with Article 25 of Schedule 1 to the Act. The term "Lease" has been defined in the Bombay Stamp Act in Section 2(n) which can be read as: "lease" means a lease of immovable or movable (or both) property, and includes also, -. a ...
Schedules of stamp duty and registration fees payable on some important instruments under The Maharashtra Stamp Duty Act as amended up to April 2018
The 2021 Amendment Act has been passed to (i) accommodate the revenue deficit pursuant to the rationalisation of stamp duty costs under the Maharashtra Stamp (Amendment and Validation) Act, 2021 and (ii) put a maximum ceiling on the stamp duty paid on instruments related to mortgage, hypothecation and pledge.
THE MAHARASHTRA STAMP ACT. [ As modified upto the 5th December 2018. ] PRINTED IN INDIA BY THE GOVERNMENT CENTRAL PRESS, CHARNI ROAD, ... 63A Non-remittance of stamp duty within prescribed time to be offence. SECTIONS. H 2351—1a (iv) Maharashtra Stamp Act [1958 : Bom. LX 64. Institution and conduct of prosecutions. 65. Deleted.
One of the biggest challenges faced in debt assignment transactions in India is the significant stamp duty implication on the deed of assignment. Considering the volume of assignment transactions undertaken generally by banks and financial institutions or by asset reconstruction companies ("ARCs"), the stamp duty levied becomes a significant cost in such transactions.
Stamp Duty and Registration Charges - In Maharashtra, the Registration Charges are fixed, which are Rs. 30,000/- or 1% of the Transaction Value (whichever is lower). Stamp Duty gets changed as per the property location, for example - usually, Stamp Duty is less in Rural Areas compared to Corporations.
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 ...
Calculation of stamp duty for trademark assignment deed What is the stamp duty for Trademark Assignment Deed and how is the stamp duty calculated for the same? Also what is the procedure for registration of Trademark Assignment Deed? I have been given 2 different advices 1) the stamp duty shall be 0.1% of the total value if the value is below Rs. 10 Lakhs and 0.2% if the total value is above ...
Stamp duty on partition deed varies from state to state. For example, in Delhi, 2% of the value of the separated share of the property has to be paid as the stamp duty on a partition deed. The same rate is applicable on registration of partition deeds in Maharashtra, along with a 1% registration charge.
In the instant case, the Tribunal found that the assignment deed was to be stamped at 8% as per Section 25 of KSA, 1959 since the agreement was made in Kerala. Interestingly in the instant case, the stamp duty as per KSA, 1959 comes to Rs. 6,33,99,500/- while the assignment deed was found to be made on a non-judicial stamp paper of Rs. 500/-.
MUMBAI: The Maharashtra government will consider the real estate industry's demand to provide concession in stamp duty for registration of properties. Addressing an event organised by Naredco-Maharashtra, Atul Save, Minister of Housing, Government of Maharashtra, said it would consider the real estate developers' demand of granting further concessions in registration and stamp duty.
Mumbai, Aug 29 (PTI) The Maharashtra government will consider the real estate industry's demand to provide concession in stamp duty for registration of properties. Addressing an event organised by Naredco-Maharashtra, Atul Save, Minister of Housing, Government of Maharashtra, said it would consider the real estate developers' demand of granting ...