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Stamp Duty On Hypothecation Agreement in Maharashtra
Stamp Duty On Hypothecation Agreement in Maharashtra
Stamp Duty On Hypothecation Agreement in Maharashtra
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.
(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 – 0.2% of the amount agreed in the
contract.
While the Maharashtra Stamp Act empowers the collector of a district, to call
for documents within a period of 10 years from the registration date of such
documents, to verify if the appropriate duty has been paid on the deed, the
Bombay High Court has held that stamp duty cannot be collected for
inadequately stamped past documents, at the time of its subsequent sale.
Moreover, according to stamps and registration charges in Maharashtra, if the
historical documents are liable to be stamped, the stamp duty shall be recovered
only at the market rate prevalent when the transaction took place. That means,
stamp duty and registration charge cannot be applied on a retrospective basis
There are several factors on which the Maharashtra stamp duty rate including
the stamp duty in Pune, stamp duty in Mumbai etc. are influenced which brings
in some respite in the form of reduction.