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Rates of Stamp Duty and Registration Fees in Thane

Know about the type of documents required along with stamp duty charges and registration fees in Thane. Also the documents required while taking loan from the banks are mentioned.


Rates of Stamp Duty and Registration Fees
           
Type of Document   Stamp Duty   Registration Fees  
           
Conveyance Deed, Sale Deed, Agreement for sale. (W. E. F. 25-04-2012)   As per Article 25 of Schedule I of The Bombay Stamp Act, 1958.   1% of Market Value or Rs.30,000/- which ever is less.  
           
Stamp Duty on purchase from investor (W.E.F. 05-06-2008)
  As per Article 5(g-a)(ii) of Schedule I of the Bombay Stamp Act, 1958.
If relating to the purchase of one or more units in any scheme or project by a person, from a developer, who subsequently sells the unit, the duty chargeable for each unit under this clause shall be adjusted against the duty chargeable under article 25 (conveyance) after keeping the balance of Rs. one hundred, if such transfer or assignment is made within a period of one year from the date of the agreement. If on adjustment, no duty is required to be paid, then the minimum duty for the conveyance shall be Rs. one hundred. Explanation: For the purposes of this clause, the unit shall include a flat, apartment, tenement, block or any other unit by whatever name called, as approved by the Competent Authority in the building plan.
  1% of Market value or Rs. 30,000/- which ever is less. Registration is compulsory.  
           
Gift Deed   As per Article 34 of Schedule I of The Bombay Stamp Act; 1958, read with Article 25. Provided, with effect from 01-05-2002, if any immovable property is
gifted to a family member being the husband, wife, brother or sister of the donor or to any lineal ascendant or descendant of the donor, then the amount of Stamp Duty will be calculated at 2% of Market value or as per Article 25, which ever is less.
In any other cases Stamp duty is same as applicable to conveyance deed, under Article 25.
  1 % of Market Value or Rs.30,000/- which ever is less. Registration is Compulsory.  
           
Leave & Licence   As per Article 36A of Schedule I of The Bombay Stamp Act, 1958.   Rs.1,000/- Registration is Compulsory  
           
Lease Deed   As per Article 36 of Schedule I of The Bombay Stamp Act, 1958, read with Article 25.
(i) If the lease is for a period upto five years then the same duty is as per conveyance under article 25, on 10 per cent of the market value of the property.
(ii) If the lease is for a period exceeding five years but not exceeding ten years, with a renewal clause contingent or otherwise, then the stamp duty is as per conveyance under article 25, on 25 per cent of the market value of the property.
(iii) If the lease is for a period exceeding ten years but not exceeding twenty-nine years, with a renewal clause contingent or otherwise, then the stamp duty is as per conveyance under article 25, on 50 per cent of the market value of the property.
(iv) If the lease is for a period exceeding twenty-nine years or in perpetuity, or does not purports for any definite period, or for lease for period exceeding twenty-nine years, with a renewal clause contingent or otherwise, then the stamp duty is as per conveyance under article 25, on 90 per cent of the market value of the property.
Explanations:
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.
  1 % of value assessed for stamp duty purpose or Rs.30,000/- whichever is less.  
           
Surrender of Lease   As per Article 58 of Schedule I of The Bombay Stamp Act, 1958, read with Article 25.
(a) On surrender without any consideration Stamp duty is Rs.200.
(b) On surrender with consideration Stamp duty is as per conveyance under Article 25 on the amount of consideration.
  (a) Surrender without any consideration Fees is Rs.100.
(b) Surrender with consideration, Fees is 1 % of consideration subject to maximum of Rs.30,000/-
 
           
Will   It is exempt from Stamp Duty.    
           
Transfer of Tenancy (w.e.f. 16/09/2011)   As per Article 5 (g-d) (ii) & (iii) of Schedule I of The Bombay Stamp Act, 1958.
For Thane, Pune, Nagpur & Navi Mumbai Mun. Corp. area.
(A) For the purpose of non-residential use Stamp Duty is as per Article 60. i.e. same as conveyance under Article 25 on the market value of the property.
(B) For the purpose of residential use
(i) If Area of premises is upto 27.88 Square meters (300 Sq.Ft.). Stamp Duty is Rs.100/- per Sq.Mtr.
(ii) If Area of premises is more than 27.88 Square meters (300 Sq. Ft.) Stamp Duty is as per Article 60. i.e. same as conveyance under Article 25 on the market value of the property. For all municipal corporation other then above and other than Mumbai.
(A) For the purpose of non-residential use Stamp Duty is as per Article 60. i.e. same as conveyance under Article 25 on the market value of the property.
(B) For the purpose of residential use
(i) If Area of premises is upto 27.88 Square meters (300 Sq.Ft.). Stamp Duty is Rs.50/- per Sq.Mtr.
(ii) If Area of premises is more than 27.88 Square meters (300 Sq. Ft.) Stamp Duty is as per Article 60. i.e. same as conveyance under Article 25 on the market value of the property.
  1% of amount arrived by monthly rent multiplied by 120 plus premium amount if any.  
           
Creation of Tenancy   Stamp Duty as per Lease Deed under Article 36.   1% of amount arrived by monthly rent multiplied by 120 plus premium amount if any subject to maximum of Rs.30,000/-
 
           
Surrender of tenancy   Stamp Duty same as Surrender of lease under Article 58.   Fees same as Surrender of lease under Article 58.  
           
Exchange of Property   As per Article 32 of Schedule I of The Bombay Stamp Act, 1958, read with Article 25.
Stamp duty as per Article 25 which will be highest duty on either of the property exchanged.
  1 % of Market Value of the property of the greatest value or Rs.30,000/- which ever is lower.  
           
Partition   As per Article 46 of Schedule I of The Bombay Stamp Act, 1958.
Stamp Duty is 2% of market value of the share or shares remaining after separating the largest share. In case of equal share then on any one of the share.
  1% of Market Value of the share or shares remaining after separating the largest share or Rs.30,000/- which ever is lower.  
           
Release Deed   As per Article 52 of Schedule 1 of The Bombay Stamp Act, 1958.
(a) In case of Renouncement by legal heirs of ancestral property Rs. 200.
(b) In any other case as per conveyance.
  1 % of Market Value of the property released or Rs.30,000/- which ever is lower.  
           
Power of Attorney   As per Article 48 of Schedule I of The Bombay Stamp Act, 1958, read with Article 25 & Article 5(g-a).
(A) General or Specific Power of attorney given to execute or authorise one or more transaction with out any consideration or
money received. (Other then mentioned below) Stamp Duty is Rs.100/- for each person authorised.
(B) Power of attorney given for consideration or money received to execute or authorise selling of an immovable property. Stamp Duty is same as on Conveyance deed as per Article 25.
(C) Power of attorney given without consideration or money received to execute or authorise selling of an immovable property to other then close relative. Stamp Duty is same as on Conveyance deed as per Article 25.
(D) Power of attorney given without consideration or money received to execute or authorise selling of an immovable property to close relative. Stamp Duty is Rs.500.
(E) Power of attorney given to promoter or developer for construction, development or sale or transfer of any immovable property. Stamp Duty is same as on Conveyance deed as per Article 25.
  (i) Fees for Attestation of General or Specific Power of Attorney is Rs.25.
(ii) Fees for Registration of General or Specific Power of Attorney is Rs.100.
(iii) Fees for other types of Power of Attorney is 1 % of Market Value of the Property or 30,000/-whichever is less.
 
           
Development Agreement.   Stamp Duty is same as on Conveyance deed as per Article 25. (At present it is 5% of market value of land, in urban areas)   1% of Market Value of the Property or Rs.30,000/- whichever is less.  
           
Transfer of Development Right (TDR)   It is a movable property hence stamp duty is 3% of the value.   Registration is not compulsory.
 
           
Note: It is advisable to re-check the stamp duty amount with the sub-registrar, before franking the document.  
           
Documents required while taking loan from the Banks
           
Affidavit Declaration   As per Article 4 of Schedule I of The Bombay Stamp Act. 1958. Stamp duty is Rs.100/-
However State Government has vide 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.
  Registration Fees is Rs.100/-. Registration is not compulsory.
 
           
Loan Agreement.
Guarantee in Favour of the Bank.
Counter Guarantee in Favour of the Bank.
  As per Article 5(h) of Schedule I of The Bombay Stamp Act, 1958. Stamp duty is Rs.100/-.   Registration is not compulsory  
           
Indemnity Bond   As per Article 35 of Schedule I of The Bombay Stamp Act, 1958. Stamp duty is Rs.200/-   Registration Fees is
Rs.100/-
Registration is not
compulsory.
 
           
Irrevocable Power of
Attorney. (Simple)
  As per Article 48 of Schedule I of The Bombay Stamp Act, 1958.
Stamp duty is Rs.100/-, for each person authorized. (Other then Power of attorney to execute or authorise selling of an immovable property)
  Registration Fees is
Rs.100/- which is not
compulsory.
 
           
Deposit of Title
Deeds, Pawn, Pledge
or Hypothecation
(Deed, Agreement or
Letter)
  As per Article 6 of Schedule I of The Bombay Stamp Act, 1958.
If loan amount does not exceed Rs.5,00,000 stamp duty is 0.1 % of loan amount subject to minimum Rs. 100.
If loan amount exceed Rs.5,00,000 stamp Stamp duty is 0.2% of loan amount. (maximum no limit)
  1 % of loan secured or
Rs. 30,000/- whichever
is less.
 
           
Housing Loan   As per Article 6 of Schedule I of The Bombay Stamp Act, 1958.   1 % of loan secured or
Rs. 30,000/- whichever
is less.
 
           
Pledge of marketable
securities, like shares
and Government
securities.
  As per Article 5(h)(B) of Schedule I of The Bombay Stamp Act, 1958. Stamp duty is Rs.100/-   Registration is not
compulsory.
 
           
Mortgage Deed   As per Article 40 of Schedule I of The Bombay Stamp Act, 1958.
(a) In case where possession of the property is given by the Mortgagor Stamp duty is as per conveyance as above on the amount of loan
(b) In case of where possession of the property is not given by the Mortgagor.
Stamp duty is 0.5% of amount of loan subject to minimum of Rs. 100 and maximum of Rs.10,00,000/-
  1 % of Loan secured or
Rs.30,000/- whichever
is less.
 
           
Further charge   As per Article 33 of Schedule I of The Bombay Stamp Act, 1958.
(a) In case where possession of the property is with C57bank. Stamp Duty is as per conveyance as above on the amount of further charge secured.
(b) In case where possession is given by the mortgagor during further charge.
Stamp Duty is as per conveyance as above on the amount of total charge including further charge, less the amount of stamp duty paid earlier.
(c) In case of where possession of the property is not given by the Mortgagor.
Stamp duty is 0.5% of amount of further charge subject to minimum of Rs. 100 and maximum of Rs.10,00,000/-
  1 % of loan secured or
Rs. 30,000/- whichever
is less.
 
           
Note : Above information is for general guidance only. For actual amount of stamp duty and registration fees one should refer to relevant acts & notification. In most of the cases document involves various complicated issues involving various Article under which Stamp Duty and Registration fees is ascertained, hence readers are requested to cross check all the facts & figures from Stamp Duty and Registration offices.



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