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Maharashtra Stamp Act: An overview of stamp duty on immovable property

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The Maharashtra government has announced a massive reduction in stamp duty rates by up to 3%. With this, the stamp duty in Mumbai now stands at a low of 2%. We look at the stamp duty rates in the important cities in Maharashtra and how to pay the same online whenever any movable or immovable asset changes hands, the buyer has to pay a certain amount of tax to the state government, to get it stamped, which is known as stamp duty. The Maharashtra Stamp Act specifies such assets and instruments on which the stamp duty has to be paid to the state government. The Act also details the amount of duty to be paid to the government.

Now, in order to encourage home buyers to invest in real estate, the Maharashtra government has announced a cut in stamp duty for a limited period of time. According to the announcement made by the state government, the stamp duty payable on property transactions has been reduced in two slabs – by 3% from September 1, 2020, to December 31, 2020, and by 2% from January 1, 2021, to March 31, 2021. The decision was taken at a cabinet meeting held on August 26, 2020.

What is Maharashtra Stamp Act?

The Maharashtra Stamp Act was passed in 1958 and applies to all the instruments mentioned in Schedule 1, on which the stamp duty is payable to the state. The Act was amended recently and the amendments include a revision of stamp duty on gift deeds, the inclusion of e-payment of stamp duty, revision of penalty clauses, and increment of stamp duty under certain instrument clauses.

Stamp duty charges in Maharashtra

Stamp duty rates on property depend upon several criteria across Maharashtra state. This includes whether the property is located in urban or rural areas, the total cost of the transaction, etc. Earlier in April 2020, the Maharashtra government has reduced stamp duty on properties for the next two years, 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).

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

Also, according to Article 34 of the Maharashtra Stamp Act, which was amended 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.

Recently, in a move to boost sales in the state, the National Real Estate Development Council (NAREDCO), Maharashtra, has announced that they would absorb the 3% stamp duty on property purchase and offer a waiver to home buyers, till December 31, 2020. Earlier, the scheme was available till Diwali of 2020 but encouraged by the jump in sales, the builder association has extended the scheme till the year-end.

How is stamp duty calculated?

Stamp duty is calculated on the basis of ready reckoner rates and the property value mentioned in the buyer-seller agreement. In Maharashtra, the stamp duty on the property varies as per the location. For instance, 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 in Mumbai

Stamp duty in Mumbai varies across the region, depending upon the property location and type of deed.

Payment of stamp duty

According to the Maharashtra Stamp Act, all instruments chargeable with duty and executed in Maharashtra 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.

The stamp 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. Moreover, the date of issue of the stamp paper must not be more than six months older than the date of the transaction.

Stamp duty charges can be paid by way of adhesive or impressed stamps on the deed. In addition to this, the adhesive stamps used on the deed is canceled at the time of execution, so that it is not available for reuse.

Online payment of stamp duty

The Maharashtra Stamp Act has been amended to accept online payment, for stamp duty payable on instruments executed in the state. Follow these steps, to pay your stamp duty online:

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

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

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

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.

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.

Step 6: Choose the payment option and once done, generate the challan, 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 vtodat.mum-mh@gov.in

Stamp duty 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, 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. That means stamp duty charges cannot be applied on a retrospective basis.

SOURCE – https://housing.com/news/maharashtra-stamp-act-an-overview-on-stamp-duty-on-immovable-property


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