• Mar
  • 14
  • 2012

FAQ on Stamp Duty – Indian Stamp Act, 1899 & Bombay Stamp Act, 1958

A. INDIAN STAMP ACT, 1899

Q. What is the purpose of Indian Stamp Act?

Ans. The purpose of enacting such an Act is to raise revenue for the local governments. Additionally, payment of stamp duty imparts legality to the document and this can be submitted as an authentic document in courts.

Q. What is stamp duty? Why should stamp duty be paid?

Ans. It is a tax, similar to sales tax (VAT) and income tax collected by the Government. Stamp Duty is payable under section 3 of the Indian Stamp Act, 1899. Rates of Stamp Duty payable for different types of documents are as per Schedule I. Stamp Duty must be paid in full and on time. If there is a delay in payment of stamp duty, it attracts penalty. A stamp duty paid document gets evidentiary value and is admitted as evidence in court. Document not properly stamped, is not admitted as evidence by the Court.

Q. How should one sign an instrument affixed with adhesive stamp?

Ans. As per the provisions of section 12, any person executing an instrument affixed with adhesive stamp, shall cancel the adhesive stamp so affixed by writing on or across the stamp his name or initials. If such an adhesive stamp has not been cancelled in the aforesaid manner, such a stamp is deemed to be unstamped.

Q. How should instruments stamped with impressed stamp be written?

Ans. As per the provision of section 13 of the Indian Stamp Act, 1899, any instrument on an impressed stamp, shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument i.e., cancel the adhesive stamp so affixed by writing on or across the stamp his name or initials. If such an adhesive stamp has not been cancelled in the aforesaid manner, such a stamp is deemed to be unstamped.

Q. How are stock and marketable securities valued?

Ans. As per the provision of section 21 of the Indian Stamp Act, 1899, any instrument chargeable with ad valorem duty in respect of any stock or any marketable or other security, such duty shall be calculated on the value thereof on the day of the date of the instrument.

Q. How is a property subject to mortgage, when transferred to the mortgagee, charged?

Ans. As per the provision of section 24, when any property subject to a mortgage is transferred to the mortgagee, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage.

Q. When can one ask for refund of stamp duty?

Ans. As per the provisions of sections 49, 50, 52, 53 and 54, Stamp Duty can be refunded under the following circumstances:

1.    Spoiled Stamps;

2.    Misused Stamps;

3.    Stamps used in excess of the value required; and

4.    Stamps not required for use.

Q. How is stamp duty paid in transactions where more than one instrument is required?

Ans. As per section 4 of the Indian Stamp Act, 1899, stamp duty is paid only on one of the principal instruments and on the balance documents only minimum duty is payable.

Q. Can stamp duty be paid in India, for documents executed outside India?

Ans. As per section 18 of the Indian Stamp Act, 1899, any instrument executed out of India can be stamped in India, provided it is stamped within 3 months from the date it has been first received in India.

Q. Stamp Duty is paid on ad valorem basis. What does this implies?

Ans. It means that — Stamp Duty is paid on basis of value of property.

Q. How stamp duty payable can be determined?

Ans. Usually, the executor himself can calculate the stamp duty payable on document as per the rates provided in the Indian Stamp Act, 1899 or the State Stamp Act, as the case may be. Under section 31 of the Indian Stamp Act, 1899, the executor can also apply to the Collector of Stamps after payment of the requisite fee, for the purpose of obtaining the opinion of the Collector of Stamps as to the amount of stamp duty chargeable on the instrument.

Q. How stamp duty on transfer of shares of a company is computed?

Ans. Stamp duty is payable under the Indian Stamp Act, 1899 on transfer of shares of an Indian company. If the shares are transferred under the depository mechanism, no stamp duty is payable on such transfer of shares. The stamp duty on transfer of shares as per Article 62 of the Indian Stamp Act, 1899 is 0.2 5% of the value of the transfer.

Q. Is a WILL made by an individual chargeable to stamp duty?

Ans. No stamp duty is payable on an instrument of WILL whether subject to the Indian Stamp Act or any state laws.

Q. Is there any stamp duty on merger, de-merger, hive off, slump sale of a business by an Indian company?

Ans. The Indian Stamp Act, 1899 do not specifically provide for any specific entry in Schedule I with regard to merger, de-merger, hive off, slump sale of a business by an Indian company. However, this does not mean that no stamp duty is payable on instruments which are used to implement such transactions. The issue is subject to several litigation and the revenue authorities take different views in different cases.

In states like Maharashtra and Gujarat, the matter is resolved to some extent by providing specific entries for levying stamp duty on merger and de-merger which are implemented under the Companies Act, 1956.

Q. Is there any penalty for violation of Stamp laws?

Ans. Yes. The penal provision includes imprisonment and fine or both for offences under the Stamp Laws.

Q. What are the consequences of non payment of stamp duty?

Ans. Every person having by law an authority to receive evidence and every person in charge of public office before whom any instrument chargeable, in his opinion, with duty, is produced or comes in performance in his function, shall, if it appears to him if such instrument is not duly stamped, impound the same.

No instrument chargeable with duty is admitted in evidence for any purpose or can be acted upon, registered or authenticated unless such instrument is duly stamped.

(B) BOMBAY STAMP ACT, 1958

Q. What are the Instruments liable to be stamped under the Bombay Stamp Act?

Ans. Instrument includes every document by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded, but 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.

Q. Is stamp duty payable on the instrument or transaction?

Ans. It is payable on instruments and not on transactions. Stamp duty should be charged on the basis of the contents of the instrument only. If any information essential for working out stamp duty is missing in the instrument, valuation officer can call for the same. In respect of immovable property, information such as the Carpet or Built-up area of the flat, number of floors in the building, year of construction, name of Division/Village and C. S./C .T. S. number of plot of land on which property is situated must be mentioned in the agreement for quicker response.

Q. Is stamp duty payable on all instruments/documents relating to transfer of immovable property?

Ans. Except transfer by WILL (or by original nomination in a co­operative housing society) all transfer documents including agreements to sell, conveyance deed, gift deed, mortgage deed, exchange deed, deed of partition, power of attorneys, leave and licence agreement, agreement of tenancy, lease deeds, power of attorney to sell for consideration, etc. have to be properly stamped before registration.

Q. Is there a time frame within which the Stamp Paper must be used?

Ans. According to section 52B, a stamp paper should be used within six (6) months from the date of purchase. Any stamps not used within this period are invalid.

Q. Is a refund possible if the Agreement has not been signed and the parties have paid the Stamp Duty and the transaction is called off?

Ans. When a person has stamps in his possession which have been spoiled or rendered unfit or the person does not require to immediately use the said stamps, or the transaction is called off then such a person should deliver the above said stamps to the Collector of Stamps.

In this case, the person is required to make an application within six (6) months from the date of the purchase of stamps. Under section 52 of the Bombay Stamp Act, the person should also submit the affidavit mentioning the reasons for which the Stamps were purchased and the reasons why the refund application is being made.

Q. In whose name should the stamp paper be purchased? If it is purchased in the name of an Advocate, can the client exercise the document?

Ans. As per section 34 of the Bombay Stamp Act, 1958, the stamp papers should be in the name of one of the parties who have signed/who would be signing the instruments.

Q. How is Mumbai City bifurcated for stamp duty purpose?

Ans. Mumbai city is divided as follows:

1)              Mumbai City District: Mumbai City District is from Colaba to Mahim/Sion and consists of 19 Revenue Divisions;

2)              Mumbai Suburban District: Mumbai Suburb is from Bandra to Dahisar and from Kurla to Mulund and consists of Andheri Taluka, Borivli Taluka, each having approximately 35 revenue villages. Andheri Taluka is from Bandra to Andheri, Borivli Taluka is from Jogeshwari to Dahisar and Kurla Taluka is from Kurla to Mulund.

Q. How does one ascertain the right amount of stamp duty in respect of immovable property?

Ans. You can find out the market value of a property and the proper stamp duty amount on it from the Stamp Duty Ready Reckoner and Market Value of Flats in Mumbai, as follows:

If your property is situated in Mumbai City (i.e., from Colaba to Mahim/Sion) you should know the Division name and C. S. No. (Cadestral Survey No.) of your property and if your property is situated in Mumbai Suburb (i.e., from Bandra to Dahisar and from Kurla to Mulund) you should know the Village name and C.T.S. No. (Chain and Triangulation Survey No.) of your property. This information is available from property card of the land on which your property is situated and a copy of property card is generally available from your society office or from original builder’s agreement.

Q. Is there a penalty for not paying the requisite stamp duty?

Ans. Section 34 of the Bombay Stamp Act, 1958, provides a penalty of 2% per month of the deficient portion of the stamp duty for every month or part thereof, from the date of execution of the instrument, subject to a maximum of 2 times the deficient portion of duty.

Q. In case of resale of the flat, who is required to pay the stamp duty the purchaser or the seller?

Ans. The parties can decide who shall pay the Stamp Duty. As per section 30 of the Bombay Stamp Act, 1958, if nothing is mentioned in the agreement and if the transaction relates to resale of flats then the stamp duty will have to be paid by the purchaser.

Q. What is the Stamp duty on units or premises of Information Technology or Information Technology enabled services?

Ans. These units or premises are exempted to certain extent from stamp duty for the period commencing from the 4th June, 2003 to 31st May, 2008. (Notification No. Mudrank 2003/2093/C.R. -462/M-1, dated 29th December, 2003)

Q. When is stamp duty payable on an instrument in Maharashtra?

Ans. All instruments are liable to be stamped before or at the time of execution of instrument or immediately thereafter on the next working day following the date of execution, when executed in the State of Maharashtra.

Further, according to section 18 of the Bombay Stamp Act, any instrument executed outside the State is liable to duty within three (3) months from the date of receipt of such instrument in the State, provided it relates to a property situated in the State, or a matter or thing to be done in the State.

Q. What is Adjudication?

Ans. Adjudication is process by which an opinion of Collector is obtained as to the duty, if any, with which or the Article under which that instrument is chargeable.

Q. Is there a procedure for adjudication of stamp duty?

Ans. For the purpose of adjudication, the person who is a party to the instrument has to furnish a true copy of the instrument or an abstract and an affidavit stating the facts and such other evidences as required, along with prescribed fee.

Q. Is the chargeability of stamp duty determined by the Collector of Stamps in adjudication final? Can a person go in appeal against the order passed by the Collector of Stamps. Is there any time limit for filing the appeal?

Ans: The chargeability of stamp duty on the instrument as determined by the Collector of Stamps is not final. The person affected by the order of the Collector of Stamps can go in appeal to the Chief Controlling Revenue Authority as provided in section 53 of the Bombay Stamp Act, 1958. Though there is no time limit prescribed for the filing of appeal, it will be desirable to file the appeal at the earliest to avoid complications.


104 Responses to “FAQ on Stamp Duty – Indian Stamp Act, 1899 & Bombay Stamp Act, 1958”

  1. Revathi says:

    i have purchased a flat in mumbai and due to unforseen circumstances i am unable to pay the flat owner so i want to cancel the deal is the stamp duty paid for sale deed of flat refunded, and what would be the procedures,

  2. manohar devlekar says:

    Sir, I want to purchase a flat in pune. we both the parties agreed to the
    certain amount of cost of flat. When I asked for the original agreement
    of the flat, the flat owner till date not obtained the original documents
    from the office of registrar . Now I asked his for the receipt of payment of stamp duty. The said is also not obtained by the owner of the flat from the Builder . The flat is 20 years old and Since since the owner of the flat is living in Banglore, he instructed me to find out the receipt from the builder. The builder has already closed his office. Now how to find out the registration number of agreement of his flat without receipt of payment
    of stamp duty.

  3. Sanjay says:

    D/Sir,
    I am going to enter in a agreement for house rent on non judicial stamp paper in Bihar. That the house rent of per month is Rs.750/-. what amount of non judicial paper is required for that purpose.
    Yours’
    Sanjay

  4. Sanjay says:

    D/Sir,
    I am going to enter in a rent agreement through non judicial stamp paper
    in Bihar. That the monthly rent of house is Rs.750/- per month. what value of NON JUDICIAL STAMP PAPER is required for that.
    Sanjay

  5. Sanjay says:

    D/Sir,

  6. praveen says:

    once we diposite ammount for stamp duty and registration in maharashtra govt,
    Then in how much time we have to registration,means last date.
    if any circumstances deal is canceled then how to claim for refund,
    and in how many time limit for refund

  7. Venkat says:

    Required to know when is that stamp paper manufactured. Actually one guy wrote a fake documents which is not registered as will. But its a fake doc. every one knows well that a fake doc.how to find the manufacturing year of that bond paper.

  8. chunawala says:

    IF A ADVOCATE CUM NOTARY BUYS STAMP PAPERS IN BULK, NOTARISES AND ISSUES TO HIS CUSTOMERS, IS THIS PROCEDURE IS RIGHT? IS IT NECESSARY THAT THE STAMP PAPER SHOULD BE IN THE NAME OF HIMSELF/HERSELF?

  9. sharmistha says:

    sir,
    we have purased a flat in virar, last wk we have done the rfesistration.our flat no is M-503,but by mistake the mention in the stamp duty receipt flat no M-506 instead of 503. what should I do? just today I received the receipt. please reply soon.

    thx n regards,

  10. Dipak says:

    Dear Sir,

    Regarding resale flat.
    We did agreement to sale for resale flat on 3/7/2014 and paid 1,40,000/- for stampy duty and reg fees. but due to some technically issue in the document blue pribnt. bank is not providing home loan. i have applied some finance company for home loan.
    if agreement got cancelled then can i get refund stamp duty and reg fees which was paid at the time of agreement to sale.

    so please let me know the procedure for that.

    Thanks
    Dipak.

  11. mohan says:

    I have this query regarding procedural aspect of stamp duty. On a certain property located in Thane district of Maharashtra stamp duty has already been paid but due to a certain mishap the receipt has been lost. So is there any process in place by which i could obtain a duplicate receipt of the same? and if not what should i do to prove that the stamp duty on the said propertry has been paid. Regards.

  12. Neyaz yunus says:

    Dear Sir,

    I have to pay stamp duty on share certificate of Rs. 3 lakh in mumbai, where should i go for franking. bcos some coop bank are refusing to frank beyond 5000

    regards

  13. Vishram says:

    Sir,
    How is conversion form Partnership to Limited Company is treated? I feel the stamp duty is against the instrument not transaction hence loan documents will attract stamp duty on the value of outstanding to the date of conversion.

  14. Rajesh Mejari says:

    can anybody file a case in court if he has without registration or without paying stampduty.

  15. anshul says:

    Hi, Greetings of the day!

    I am from Haryana. I wish to gift my flat to my real sister. Do i need to pay stamp duty & registration fee on gift deed?
    if yes, it will be on transaction value (zero Rs) or market value (around 50 Lakh)?
    Is the gift deed suitable way to do this or there is some other better option?

    Many Thanks in advance.

  16. jinesh says:

    I am with a company we have issued unsecured debentures and Stamp duty is payable as per Indian Stamp Act is 0.25% or 25 lacs which ever is lower. Will the same has to be adjudicated by the Collector of Stamps Maharashtra.

  17. Manoj says:

    I had purchased a property and got it stamped and registered. By what time can i sell the property and claim refund of stamp duty. I have still not taken the pocession of the property. Kindly advise.
    Thanks.

  18. siddharth pandurnikar says:

    sir when the one rupee revenue stamp(ashok chakra monogram)come in force.,with its act, date, govt. publication source.

  19. Avesh says:

    Dear Sir,

    *I had bought a property in Andheri West at Rs. 8350 per sq Ft on built up area in Nov 2010, current rate must be 13000 psf on SBUA.
    *The construction work started in the first half of 2012
    *The builder has now sent a letter for registration
    * He says, we will have to pay stamp duty as per ready reckon-er since our agreement value is lower that ready reckoner value. I agree with the same.
    * The builder also says, we will have to apply for adjudication, if collector agrees to the same we will have to pay stamp duty as per ready reckoner
    *The builder also says, if collector does not agrees we will have to pay stamp duty as per ready reckoner plus 33% of the difference of market value & ready reckoner

    My Query To You Is:

    * What is the correct rule
    *I had made booking in 2010 and had paid the developer through Cheque, I have bank statement
    *What are the chances of Adjudication being approved with non payment of any other charges other than stamp duty on ready reckoner value
    *It becomes whose responsibility to pay 33% of the difference if the developers plans were not approved from before or they had a change of plan later on
    *Why should a buyer suffer of behalf of a developer, or if a developer delays registration for any reason

    Regards,

    Avesh

  20. SANDIP says:

    dear sir,

    good after noon,

    kindly let me know the follwoing, in case of issuance of finacial bank guarantee for supply of finished goods to the respective dealers :

    1) let me knwo the required stamp duty.
    2) let me know by whom the stamp duty to be purchased.
    3) in case of renewal of bank guarantee, the stamp duty is required or the renewal on bank’s letter head with the signatures of authorised perosons is sufficient.
    4) Kindly let me know, in case of renewal of bank guarantee, the signatures of one authority of bank is sufficient or not ?

    Your advice is required on urgent basis. I shall be very thankful to you.

    Thanks & Regards,

    Sandip
    08437716888

  21. vs patil says:

    May I know the Rates of Stamp duty for Hypothecation agreements to be executed in Sate of Andhra Pradesh

  22. Nandkumar Patil says:

    Hi Taxguru,

    I purchased home property in Year 2008.This property purchased in grampanchayat area. Duirng booking of flat or Agreement, builder doesn’t tell us about VAT. He not mentioned in given quotation about VAT.

    But In last month he send letter to me to pay vat with huge amount of Interest.

    SO kinldy know is there any legal action if i not that VAT. Builder should pay that amount. We taken passsion in 2009 but other activity like flat transfer, making of society is pending.

    Thanks

  23. anil Narangikaar says:

    please provide stamp duty & Ragistration phi for home loan agreement

  24. anil Narangikaar says:

    bank lonke liye Property morgej karna hai Uskeliya Stamp dutti & rjisration fhi kitna lagega Property valu 1200000.00

  25. rufina cardoso says:

    I had purchased stamp duty with registered vendor.On that paper i have typed rent agreement content and took signature of tenant. but, I have not registered same with notary neither I have registered with advocate. Is it legal or illegal? please suggest

  26. rufina cardoso says:

    i have bought stamp paper with registered stamp vendor .And on that I had type rent agreement and took signature of tenant but, have not registered it with any notary. Is the agreement is legal or illegal? please suggest

  27. vinod says:

    i have puechased a resale flat and now im selling it within 1 year. Whether ill get stamduty return and how? what is the precedure?

  28. Sandeep Gandhi says:

    Trust is holding shares in Private Limited Company. Trust is transferring shares in favor of Beneficiary of the Trust without any consideration. How much stamp duty require to be paid on transfer deed? Whether 0.25% of the value of the Shares OR Rs. 5/- as per Schedule 62 (e)

  29. RAJESH SARULKAR says:

    Dear Sirs,
    I am working in a MNC and have to issue a Bank gaurantee to a PSU. The BG should be on a Non Judicial Stamp paper of appropriate value as per the stamp act. I want to know, how much value stamp papers should I use ?

  30. Rushi says:

    If i want to execute a gift deed for immovable property situated in some state for eg:- Uttarakhand, is it mandatory to use stamp paper of the same state where property is situated. Thanks

  31. NEETA says:

    We have purchased a flat in Pune. We paid the stamp duty @ 2% at the time of agreement. Now we demanding for sale deed to builder but his lawyer says that we should pay the difference of stamp duty i.e. 3%. Shall we pay the differnce of stamp duty for sale deed?

  32. Prashant Nayak says:

    If there has been a chain of transactions involving a flat over the past two decades and no stamp duty has been paid as required under the sale deed for the first two agreements but the subsequent two agreements including the current occupant has paid stamp duty as per recknor rates, will the present owner be liable to pay the stamp duty on all the earlier sale deeds’’

  33. Girish says:

    In case a company enters into a service agreement, say for housekeeping, security, etc. is stamp duty payable on the same? Who is liable to stamp duty, service provider or recipient of service? Both the Company and the service provider are based in Maharashtra.

    Can you also provide reference material with your opinion, please.

  34. Dinkar says:

    What is the stampduty for the hypothecation deed…

  35. PREM CHAND AGARWAL says:

    WE have purchased a land with House property From Bank., Sale Letter is issued by authorized Officer., We have submitted the same with Tehisaldar for Issue of Patta (Title of land on us) without paying land revenue under FARFASI Act., Now Teshildar Seek Copy of SARFASI Act which Reflect that Proper Sold By a Bank is Exempt from Paying land Tax.,

    Please Help where i will Get The copy of Such Act ., In Internet Please Suggest Link from where we can Down load.

  36. chandra says:

    Sir, I have purchased a rented commercial property  on which rent per month is more than the Collector’s rate list. Can stamp duty be charged on the basis of actual rent being received at time sale. Property is in U.P. What act or rule support that?
    Chandra

  37. ganeshz says:

    is it notarisation of POWER OF ATTORNEY DOCUMENT COMPULSORY

  38. saishankar says:

    Hi Guru’s i had question on TDS on prize for santro car well sir i just won a santro car and i had done my formalities of paying Tax of 33% and i got form 16A and i filed income tax returns for that prize money source of income.But the income tax employes are saying that the amount will not return for source on income for prize money.I really fed with up going to income tax office regarding this issue.well i filled in the year 2009.can i proceed for that issue with income tax people regarding returns of my prize money in year 2012.please kindly solve my problem pls….

  39. Manish says:

    I cancelled my new flat agreement with my builder (on mutual grounds) stamp duty and registartion of that flat was done on (16/10/2009 ) and the agreement for that flat was later cancelled on 15/10/2011 ( in stamp suty registrar office), and filed for Stamp duty refund immediately on (31/10/2011 docs submitted), I have received a letter from Stamp duty registration office that I am not eligible for Stamp duty refund under section 48 (1) of stamp act 1958 and I can go for an appeal in next 60 days. Please advice.

  40. Manish says:

    I cancelled my agreement within the end of 1 yr (11 months and 25 days), and filed for Stamp duty refund, I have received a letter from Stamp duty registration office that the stamp paper has expired and the application should have been made within 6 months. Please advice

  41. chetan says:

    Pl tell us in case of amalgamation, stamp duty is payable on shares issued by transferee company [ issued at face value ] or on underlying value of those shares , i.e valuation of transferor company on the basis of which such shares are isued ?

  42. A. A. KHAN says:

    On demise of my mother, in whose name a house was registered in GUJARAT, the house was transferred in the Revenue records in the name of myself + 3 of my sisters (names of the children were entered in the records where my sister has expired). For this transfer no stamp duty was asked to be paid. NOW MY SISTERES HAVE MADE AFFIDAVIT SAYING THEY HAVE DECIDED TO WAIVE/REDINCUSE THEIR INTEREST/SHARE IN THE SAID PROPERTY, WITHOUT TAKING ANY COMPENSATION / CONSIDERATION IN MY FAVOUR. MY Question is whether any stamp duty is payable on this transction?

  43. Ashok Tandon says:

    As per SARFAESI act – The certificate of sale issued by secured-creditor makes the sale ABSOLUTE. It states ” The Certificate of Sale so issued shall be prima facie evidence of title of the purchaser.” The act had stipulated formation of “Central Registry” for transactions by secured-creditors ; which finally came into existence in 2011.
    Earlier decisions regarding revival / disposal of assets w.r.t. sick units were under BIFR ; wherein concessions were granted by State-Govt. , Financial Institutions / Banks , Central Institutions , Workmen etc. etc. ; for rehabilitation of sick units.
    When the sale of assets under SARFAESI act is “ABSOLUTE” and prima facie evidence of title of the purchaser – why should Tehsildar not mutate the title of, property sold in auction by the secured creditors , in the name of purchaser and insist on payment of stamp-duty on transaction ? To my mind ,this is contradictory to the spirit of SARFAESI act.
    Please inform about any cases of sold property mutation , without payment of stamp duty , in any state ; based on “Sale-Certificate” registration by the “Central-Registry” w.r.t. change in title of the property. Failing this ; there could also be issue of S.T. w.r.t. sale of plant & machinery + other movable assets.
    Thanks. Shall be grateful for early response.

  44. narendra sawant says:

    I have purchased a flat under construction in Mumbai. I paid the applicable stamp duty and got the agreement registered. Due to some revision in rules, I shall be getting some extra carpet area in the same flat, at extra consideration. Will my earlier purchase deed get cancelled and fresh agreement has to be made  or I have to make a supplementary agreement and pay differential stamp duty? 

  45. Kaustubh says:

    What document is required to submit E-Stamp refund application at Sub ragister Office?

  46. drakes says:

    my dad purchased a industrial gala @ rs 40000 in 1995,but till date didnt do the stamp duty.so now how much should he pay to get stamp duty done? 
    area located in bhayandar

  47. R C Rajpal says:

    i have a specific question. the guarantor has executed guaranttee deed in Delhi on a non judicial stamp paper purchased by the borrower, whose loan he has guaranteed.. Is the document document of guaranttee valid?

  48. siva says:

    sir,
    i sell 4 cents land to the buyer she gave me 200000 remaining will be given after completion of registration and written stamp paper validing for 6months. the problem is in front of the land their is government land. she is asking that land intermediate between land and road for going to road. that government land is already captured using some people.she is asking us to remove the house from government land cents land we given to her. again she asking government land then after only she want registration what can we do sir is it possible to cancel registration

  49. siva says:

    sir,
    i sell 4 cents land to the buyer she gave me 200000 remaining will be given after completion of registration and written stamp paper invaliding for 6months. the problem is in front of the land their is government land. she is asking that land intermediate between land and road for going to road. that government land is already captured using some people.she is asking us to remove the house from government land cents land we given to her. again she asking government land then after only she want registration what can we do sir is it possible to cancel registration

  50. J.K. Sharma says:

    Sir,
    I have purchased Non Judicial Stamp Paper worth Rs. 20,000 for Lease of Plot but the concerning authority not accept this Stamp Due to Unavoidable Circumstances. I want to refund of this stamp. The Stamp is Typed by Computer but not executed by Registrar Office Till Today. Lessor have not Signed but Leese & Witness Signed on it. Kindly let me know about the refund of unused stamp what is the validity 2 months of purchase or 6 months of purchase (Stamp Not Blank and Not Executed). I am from Rajasthan (India)

  51. Pankaj Kumar says:

    I own a property (house) inherited in 1967. What tax implication is there if i sell it? How will be capital gain tax calculated ? What will be the income tax on same?

  52. Jaya says:

    Can fanking on the document of affidavit of Rs. 100/- in Ahmedabad , be Notarized outside Ahmedabad. What is the legal implication of documents(affidavit, undertaking) executed on franking in Ahmedabad but notarised from Delhi/Mumbai/Bangalore or anyother place outside Ahmedabad?

  53. Pradeep Desai says:

    I am purchasing resale flat in Pune.  The first owner ( Peter ) sale this flat in 2007 to Mr. Tambe. In last year March 2011 Mr. Tambe made agreement with Mr. Kamble but Mr. Kamble didn’t get loan so they don;t done sales deed. Now I am purchasing flat from Mr. Tambe for that I have paid 3.5 Lakhs to Mr. Tambe. Now Mr. Kable is not doing cancellation deed so Mr. Tambe released Public notice to Mr. Kamble through Court. 
    Q1. If cancellation deed not done then any problem to me.
    Q2. If I want to cancel this then I will get my money return. I have paid all money by cheques to Mr. Tambe and only 50,000 Rs. mentioned in MOU ( Memorandum of understanding )

  54. Mukul Sinha says:

    Dear Sir

    One of our friend purchased a Flat in a Group housing Society duly approved by DDA and Registrar Cooperative Society. He got the Freehold from DDA in his Favour in 2000 and is a Member and Share Cert. holder in the Coop. Group Hsg. Society.He has been paying House Tax in his name for the past many years now to Municipal Corpn. of Delhi. Recently they asked him to show proof of ownership which was given through Conveyance Deed duly signed by Registrar and DDA with Share Certificate. They advised him to get Stamp Duty paid. DDA recognised him as Absolute Owner. Please advise the correct position as how to resolve this issue and what is the correct position at law.

  55. Babu says:

    I’ve been asking for a cancellation of my insurance policy within the 15 day ‘right to consider’ option but to no avail now I see that there are no stamps (adhesive or franked) on the document. I would like to know the validity of this policy.

  56. mohan singh tewatia says:

    That the bank has indicated Bank Guarantee No.. xxxxxdated 26.11.2011 on an appropriate stamp paper, which was purchased on 26.12.2011 by the Bank.
    At the end of the Bank Guarantee type on a stamp paper, stated that “Date of Issue of guarantee letter 29.12.2011.”
    We may seek clarification that Bank Guarantee No…xxxxxdated 26.11.2011 issued by the Bank on a stamp paper, which was purchased on 26.12.2011 is correct. Secondly, at the end of said guarantee date of issuance has been shown as 29.12.2011. An early reply is soliciated.

  57. Som says:

    Kindly let me know the stamp duty to be paid in case of multiple documents for a single bank loan in the state of Maharashtra.
    For e. g. In case of a Cash Credit Limit of Rs.100.00 Lac from a bank in Maharashtra, the borrower offers the following security:

    Primary Security- Hypothecation of Stock & Book Debt
    Collateral Security- 1. Equitable Mortgage of Residential Property
    2. Personal Guarantee
    Now, how the stamp duty will be paid on these instruments?

  58. KUBER JOSHI says:

    KINDLY CONFIRM THE STAMP PAPER VALUE OF RESIGNATION OF PARTNER AND ADDITION OF NEW PARTNER IN PARTNERSHIP DEED

  59. Shweta says:

    I have booked a flat in pune and done the franking of required amount, but later on due some issues cancelled the flat, hiw to get the franking amount back.. i am trying with treasury office since 6 months,

  60. kishorbhai says:

    sir,
    i have purchesed flat from bank, which was sized by the bank under SARFAESI Act 2002. At the time of execution of sale deed Registrar asked for double stamp duty. As this is double transaction i.e. one is sizer of property fome borrower & second sale of the property under SARFAESI Act to me.
    please advice me whether demand of double stamp duty by registrar is valid or not ?

  61. Ashish says:

    I have purchased new flat in Oct 2011. All registration formalties done in this financial year. I am salaried person, please let me know what all documents are required to get tax benefits on Stamp duty amount which I invested against my home.

    Ashish

  62. Meenakshi Sundaram says:

    I have identified a land. While perusing the Land Owener’s Original Sale Deed and Govt. records (PATTA, CHITTA, A-Register)noticed the followings;

    For better understanding (as per Present land owner’s SALE DEED);

    Let A – is the PURCHASER (who is presently Land Owner of the Land, situated in a DTCP approved Layout + who is also the developer of that Layout) and Sharehold of an unregistered partnership firm (B).

    B – The stamp papers were purchased in the name of the “UN-REGISTERED PARTNERSHIP FIRM ”

    C – is the VENDOR.

    In the earlier Sale deed both the parties has executed the sale deed in an individual capacity. Especially A – the purchaser (earlier) has executed the sale deed in his individual capasity only and mentioning that he is the sharehold of the unregistered partnership firm (B) – purchased the property from his own earnings. But the Stamp Papers were purchased in the name of the unregistered partnership firm (B) in which he was the shareholder and presently Partner in that Firm.

    Now the PATTA, CHITTA and A-register are updated in the name of A . Can I buy this land??????? please advice.

  63. Sunil Kale says:

    Sir I was transferred my business (including fixed assets, closing stock, liabilities, current assets) Excluded Land and Building , on slump sale basis in Nov-2007 on stamp paper of Rs.100/-,
    My question is – it was necessary to pay stamp duty /or registered the said document on that time.
    And can i liable to pay M VAT on Slump Sale business

    Pl reply
    Sunil Kale –
    09730152064

  64. shoeb says:

    If there has been a chain of transactions involving a flat over the past two decades and no stamp duty has been paid as required under the sale deed for the first two agreements but the subsequent two agreements including the current occupant has paid stamp duty as per recknor rates, will the present owner be liable to pay the stamp duty on all the earlier sale deeds’’

  65. khushbu sethi says:

    Dear sir
    does we can use the stamp papers which are brought in tamilnadu for the notary of Power of attorney documents in the maharashtra

  66. RAJESH KABRA says:

    Our’s is a Private Limited Co., are we required to affix Re1/- revenue stamp on the cash payment voucher amounting to more than Rs.5,000/-. Please note that the cash is paid to our permanent employee.
    Request to reply at your earliest

  67. manish palan says:

    what is the rate of stamp duty on loan from co-oprative society. i.e. our co-oprative society give / sanction a personal loan for Rs. 10,000/- for 10 (ten) months period only. such loan to be recoverd in 10 equal monthly installament and interest will recover from next month @ 10 % P.Y. My quation is stamp paper/ non judicial stamp is required or not at the time of sanction of such loan ? if Judicial stamp is required what amount’s stamp may required ?

  68. A.K. says:

    MR.JAYARAMAN YOU CAN EASILY TRANSFER YOUR PROPERTY TO YOUR WIFE NAME AS A GIFT OR REGISTERED WILL IN WHICH THERE IS NO NEED TO PAY ANY STAMP DUTY

  69. A V JAYARAMAN says:

    Sir/Madam

    I have a flat purchased in Mulund Mumabai in 2009 in my name through SBI bank loan. I have returned the loan and would wish to gift/tranfer in wife name. What would be the stamp duty and regisration. Alternatively can i add my wife name without payment of stampduty. How i can save money and make the transaction 100% foolproof. I do not want any wrong doing pl guide me sir/madam

  70. bakul patel says:

    change of name of limited company in gujarat roc office will attract stamp duty while give effect of change of name in sub registrar office city survey office index two.kindly give me your opinion in this matter.

  71. bhavesh says:

    sir,
    i have purchased property [morgaged in sbi] from public auction done by drti
    now sub registrar is asking to pay double stamp duty
    what should i do?
    kindly specify if there is any jungement of court regarding this

  72. ravindra s kulkarni says:

    EHAT IS THE RATE OF STAMP DUTY ON ISSUE OF BONDS BY THE COMPANY IN PUNE. MAHARASHTRA.

    WHETHER THE STAMP DUTY NEED TO BE PAID ON FACE VALUE OF THE BOND OR ON DISCOUNTED VALUE OF BONDS.

  73. pratik ganatra says:

    I have change our partnership deed so how many required stamp paper ?

  74. gautam says:

    What was the stamp duty on any given Agreement to have been affixed while an agreement is executed between commodity broker member and commodity Exchange in 2006-07 and in 2007-08 in Gujarat?

  75. Subir Taluja says:

    Can stamp papers purchased in Delhi, be Notarized outside Delhi. What is the legal implication of documents(affidavit, undertaking) executed on stamp paper purchased in Delhi but notarised from Noida/ Ghaziabad/ Haryana or anyother place outside Delhi.????

  76. rajendra says:

    if registered partnership firm having development agreement & having power of attorney of owner for selling premises to both partner. Full Stamp duty on development agreement is already paid.Now one partner is giving power of attorney to other partner to sign sell document. so question is any stamp duty should be paid for this power of attorney of its on 500 stamp paper?

  77. Devang says:

    Franking is necessary for supplemental agreement as per stamp act for stock exchange related? if i have done the agreement at that time paid stamping charges and now we want to do supplemental agreement in relation of earlier agreement. so is franking necessary?

    kindly guide me.
    Thks & regs,
    Devang Chaudhari

  78. a.k.tripathi says:

    My co-owner of the house want to transfer his share to me according to my late father registered will where clearly stated that nobody can transfer his share to outsiders of the house but can be transfer each other. what stamp duty can be paid according family settlement of Hindu undivided family propety.

    a.k. tripathi

  79. Suresh Bhaskaran says:

    Can somebody inform me the amount of stamped paper required for executing a partnership deed in the state of Kerala

  80. h p kaushal says:

    either purchased revenue in the form of stamp sheets of judicial, non-judicial is personnel property or not?

  81. VINOD BHASIN says:

    await your kind response pl. on my email.

  82. VINOD BHASIN says:

    Dear Sir
    We purchased a Flat in a Group housing Society duly approved by DDA and Registrar Cooperative Society. We got the Freehold from DDA in our Favour in 2000 and are a Member and Share Cert. holder in the Coop. Group Hsg. Society. Have been paying House Tax in our name for the past many years now to Municipal Corpn. of Delhi. Recently they asked us to show proof of ownership which was given through Conveyance Deed duly signed by Registrar and DDA with Share Certificate. They advised us to get Stamp Duty paid. DDA recognised us as Absolute Owner. Please advise the correct position as how to resolve this issue and what is the correct position at law.

  83. Yusuf Deshpande says:

    what will happen if the time lapsed of registered agreement would i have to pay again stamp duty for final sale deed if yes then how much?

  84. P.K.ARYA says:

    Delhi Stamp Duty was changed Year Required ?
    Partnership Deed to be amended by supplementary Deed in Delhi What is Stamp Duty To be paid Please specify

  85. Govindaraj says:

    I want to make a will. Can you guide me as to:

    1. I am resident of Bangalore and all my fixed and floating assets are in Bangalore itself. Is there any stamp duty ?

    2. Is registration of will compulsory?

  86. manish mandore says:

    Builder sale flat to Co-operative bank of rs. 200000/-and
    Co-operative bank sale to party with bank loan on 2006 of rs. 2,60,000/-
    so bank is 1st owner and 2nd owner is xyz and xyz loan amount completed in September 2010 and bank given all documents allottment letter, share certificate, possession letter and no encubrance certificate and second party gone to registrar fo datavej on flat that time sub registrar required stamp duty double amount
    so please advice stamp duty as well as registration charges applicable single or double
    Please advice

  87. Sunil says:

    Builder sale flat to Co-operative bank of rs. 200000/-and
    Co-operative bank sale to party with bank loan on 2006 of rs. 2,60,000/-
    so bank is 1st owner and 2nd owner is xyz and xyz loan amount completed in September 2010 and bank given all documents allottment letter, share certificate, possession letter and no encubrance certificate and second party gone to registrar fo datavej on flat that time sub registrar required stamp duty double amount
    so please advice stamp duty as well as registration charges applicable single or double
    Please advice

  88. gurjeet singh says:

    i have a question regarding stamp paper act , where can i post my question?

  89. smita borade says:

    sir

    please provide stamp duty for home loan agreement

  90. Advocate Harish D. JoshiReply to Question dated 15/4/2010 at 10.57 A.m says:

    Dear Mr. Nitin If you have purchased a property today e.g for Rs. 10,00000/- and if you sell the same within six months for Rs 11,00000/- then the purchasing party will only have to pay difference of stamp duty on Rs. 100000/- as per the current agreement and market value as per the provisions of Article 5 (ga)-(ii)of schedule 1 of Bombay Stamps Act 1958 you can then before registration of agreement ask the purchasing party to pay to you the amount of stamp duty paid by you which he would have had supposed to pay had there being different situation for further querry call 09773508066.free advice

    Read more: http://www.taxguru.in/general-info/frequently-asked-questions-on-stamp-duty-related-to-indian-stamp-act-1899-and-bombay-stamp-act-1958.html/comment-page-1#comment-92060#ixzz0vzyeb2UE
    for

  91. Advocate Harish D. JoshiReply to Question dated 15/4/2010 at 10.57 A.m says:

    Dear Mr. Nitin If you have purchased a property today e.g for Rs. 10,00000/- and if you sell the same within six months for Rs 11,00000/- then the purchasing party will only have to pay difference of stamp duty on Rs. 100000/- as per the current agreement and market value as per the provisions of Article 5 (ga)-(ii)of schedule 1 of Bombay Stamps Act 1958 you can then before registration of agreement ask the purchasing party to pay to you the amount of stamp duty paid by you which he would have had supposed to pay had there being different situation

    Read more: http://www.taxguru.in/general-info/frequently-asked-questions-on-stamp-duty-related-to-indian-stamp-act-1899-and-bombay-stamp-act-1958.html/comment-page-1#comment-92058#ixzz0vzxUEtsQ

  92. Advocate Harish D. JoshiReply to Question dated 15/4/2010 at 10.57 A.m says:

    Dear Mr. Nitin If you have purchased a property today e.g for Rs. 10,00000/- and if you sell the same within six months for Rs 11,00000/- then the purchasing party will only have to pay difference of stamp duty on Rs. 100000/- as per the current agreement and market value as per the provisions of Article 5 (ga)-(ii)of schedule 1 of Bombay Stamps Act 1958

  93. Milind Nerurkar says:

    Can a document which is not stamped be made legally tenable. Was told yes by paying 5 times the required stamp duty.

  94. Nitin says:

    The age of the stamp paper has been stipulated in the Bombay Stamp Act, the position is different. Please see

  95. NITIN SHETH says:

    I HAVE PURCHASED FLAT IN BANDRA(E)
    STAMPDUTY PAID ON 11.04.2010.
    AGREEMENT MADE ON 15.04.2010.
    REGISTRATION ON 16.04.2010.
    AS PER AGREEMENT BUILDER SUPPOSED TO HANDOVER THE FLAT POSSESSION
    ON 30.06.2010. HOWEVER BUILDING IS UNDER CONSTRUCTION TILL DATE i.e.15.04.2010. THEREFOR I HAVE SALE MY SAID FLAT ON 14.04.2010.
    I HAVE PURCHASED STAMP PAPER OF RS. 100.00 & RS.500.00 ON 12.04.2010. THE SAID FLAT IS JOINT NAME AGREEMENT OF MINE & MY WIFE. SHOULD I ELIGIBLE FOR REFUND OF STAMPDUTY CHARGES AE WELL AS REGISTRATION CHARGES OR TRANSFER THE CHARGES TO THE RESALE PURCHASERS?

  96. Rajendra says:

    Can somebody tell me When Stamping is to be done on document?

    Whether it is befor signing of the document? if yes then what are the provisions under Indian Stamp Act, Bombay Stamp Act. Pls quote the section.

  97. Naraynan says:

    I have purchased a residential for Value being Rs.21,92,000/-What would be the calculation for stamp duty & registration.Can you please help the property is located in Manasorvar, Navi Mumbai.

  98. rameshvyas says:

    16.2.2010.

    To my knowledge there is Judgement
    of Gujrat Highcourt.(at present I
    could not recollect AIR.NO.ETC)IT IS
    OBSERVED BY THE HON’BLE COURT THAT
    Valuation could not be made after
    6years from the date of execution of
    sale deed.Would kindly be look into
    correctness of the aboe stated facts.

  99. CA Sandeep Kanoi says:

    Bombay Stamp Act is not Applicable in Gujrat.

  100. ramesh vyas says:

    12.2.2010 dear sir, is it correct that valuation of property can be made within 6 years from the date of sale under section 30 of bombay stamp act(applicable in Gujrat state)?

  101. SSBiswas says:

    THIS PAGE OF TAXGURU HAS A WRONG ANSWER.

    THERE IS NO VALIDITY FOR STAMP PAPER. INTERPRETATION OF S.52(B) GIVEN HERE IS WRONG.

    HERE IS THE QUESTION AND THE RIGHT ANSWER:
    Q. Is there a time frame within which the Stamp Paper must be used?

    Ans. THERE IS ABSOLUTELY NO TIME FRAME WITHIN WHICH A STAMP PAPER HAS TO BE USED.

    SECTION 52 WHICH HAS BEEN QUOTED HERE DEALS WITH “MISUSED STAMPS” i.e stamp which has been used by mistake ON A document/transaction etc. where there was no need for using SUCH STAMP PAPER OR THAT PARTICULAR VALUE OF THAT stamp paper eg., a documents requires no stamp paper, but rs. 10 stamp paper has been used, OR a document requires rs. 10 stamp paer but by mistake rs. 100 has been used

    According to section 52 (A) AND SECTION 52 (B), a stamp paper USED BY MISTAKE IN A DOCUMENT may be reused if Collector allows such use. However an application has to be made to the collector within six (6) months from the date of the document or from the date of execution of SUCH document where the stamp paper has been used and he has to be shown that such stamp paper has been used by mistake and so on ….

    there are also other provision which deals with refund of money for stamp paper used by mistake. section 53 says that if stamp paper was used by mistake or has got spoiled the collector may reissue such stamp paper or may refund the money.

  102. Chandra Bhsve says:

    May I aks the following question? (a)If the stamp duty is paid at the time of the registration of housing society,& original member wish to buy another flat in the same building and is treated as original member by the leasing authority then is stamp duty is required to pay?

  103. MAJ BHUPAL SINGH says:

    May I request learned lawyers to
    answer the folowing–
    a. Has Delhi State enacted its own Stamp Duty Act or does it follow Central Act ?

    b. From which Web Site can we find latest ( i.e. with latest amendments ) information about rates of Stamp Duty applicable in Delhi ?

    Bhupal Singh

  104. kuldeep khandelwal says:

    In case of amalgamation thru high court of delhi what is law of stamp duty regarding lease deed in uttrakhand

Leave a Reply