Stamp Duty, Registrations & Taxes
- Stamp duty on properties (sale / purchase) is payable under Article 25 of Schedule I of The Bombay Stamp Act, 1958.
- Stamp duty is payable on market value or agreement value whichever is higher.
- Market value of any property is determined by the stamp duty authorities on the basis of the Stamp Duty Ready Reckoner issued by the government on January 1 every year.
- With effect from 25th April 2012 Stamp is 5 % of market value under Article 25 B.
- Stamp duty must be paid before the date of execution of the agreement. Penalty for late payment of the stamp duty is 2% per month on deficit stamp duty amount, subject to maximum two times of the deficit stamp duty amount.
- A stamp duty paid document registered, is considered a proper and legal document and as such gets evidentiary value and is admitted as evidence in the court of law. The documents that are insufficiently stamped are not admitted as evidence by court.
- Once the stamp duty is paid on the document, it has to be registered with the Sub Registrar of Assurances of the respective district. The document is to be registered according to the provisions of The Registration Act, 1908.
- The document should be registered within 4 months from date of execution.
- All parties executing the document admit before Sub Registrar of Assurances that they have executed the document presented for registration. Parties are then identified by two independent witnesses.
- Parties to the document are photographed and their left hand thumb impression is taken and such photograph and thumb impression is affixed on additional pages attached to the document apart from colour photographs and thumb impression which a person affixes in agreement value while executing a document.
- The Sub Registrar of Assurances records the content of the document, including the additional pages, either by photocopying or scanning the content of the documents.
- If a particular document is required to be compulsorily registered under the law and is not registered then the proper legal title will not pass on the purchaser i.e. the title will be defective and document becomes inadmissible in the court of law.
- Registration fees is 1 % of the market value or agreement value whichever is higher, subject to a maximum of Rs. 30,000/-.
- In the case property is purchased in a building wherein OC is obtained, no taxes are applicable.
- The property Agreement executed before obtaining O.C. is subject to service tax at 2.575%.
- There is also VAT (Sales Tax) applicable at 1% of agreement.