Stamp Duty Amnesty Scheme Imperfections Confuse Flat Owners

Mr. Ramesh Prabhu, Chairman of Maharashtra Societies Welfare Association said that Flat owners wanting to take benefit of Maharashtra Government’s stamp duty amnesty scheme.

The scheme, launched in June this year, says that flat owners have to pay stamp duty at the rate that was applicable when the property was bought until September 2008.

Circular issued in 2006 by the state inspector general of registration and controller of stamps says that the current owner is liable to pay the unpaid stamp duty of the previous occupant of the flat at the current market value.

Mr. Prabhu said, “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, the present owner must pay the stamp duty on all the earlier sale deeds”. Further he added that people are unaware that such a circular exists.

21 Comments

  1. S.R.Kantak
    Posted August 9, 2008 at 11:18 am | Permalink

    If period of Agreement is 1984 is market value for payment of stamp duty is 50% of 1990 ready reckoner value OR on the current market value? Kindly advise.

  2. S.R.Kantak
    Posted August 9, 2008 at 10:53 pm | Permalink

    Dear Editor,
    I would like to seek guidance from Mr. Ramesh Prabhu on MSWA’s Housing Societies Review edition of July2008. In this issue on page 22 they have printed “Provision Of The Bombay Stamp Act, 1958 that includes Period of Agreement & Market Value from 03/07/1980 to 1990. However stamp duty department contradicts this and take a stand “People who have purchased flats between 1980 to 85 have to pay stamp duty on the current market value”
    Is information provided in MESWA’S above publication is correct? and same can be used for protest against departments actual stand?
    Shekhar Kantak

  3. PBShetty
    Posted August 10, 2008 at 9:00 am | Permalink

    I have brought my flat on 25.10.1985 from the original owner but he did not handed over his orgitnal documents he had recieved from the Builder. Both the parties were paid stam duty

    Now What is the procedure & process to pay the stamp duty and regularise the document

  4. Posted August 11, 2008 at 5:47 am | Permalink

    Mr. Abhishek Sharma, owner of flats 1503, 1504 in Gunani Building, Sector-16, Palm Beach, Navi Mumbai had rented out his property to Mr. Kenneth Haywood, an American citizen. However, despite the orders given by Navi Mumbai police about registering sale, lease or any other dealing of property with the nearby police station, the police have claimed that Mr. Sharma had not registered his lease agreement with Mr. Haywod. “Following increasing terrorist activities all over the country, the Navi Mumbai police had issued an order to builders and developers which states that the owner of the flat or property should inform the nearest police station about the tenant’s name, address and other details,” ,” stated a police officer on condition of anonymity. If someone disobeys the order, he/she stands to be punished under Section 188 of Indian Penal Code. The order states that “if such disobedience causes obstruction, annoyance or injury, or risk of obstruction, to any person lawfully employed, the defaulter will be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to Rs 200, or both.”For more view- realtydigest.blogspot.com

  5. P.radhakrish
    Posted August 13, 2008 at 9:07 am | Permalink

    The scheme is highly confusing.Even the officers
    and others concerned with collection of stamp
    duty are not accepting resulting in long ques
    at the registration office . This is unfair
    to say the least. The govt should clarify the
    scheme so that public can tak advantage of it
    and regularise the deal.

  6. champak patel
    Posted August 15, 2008 at 10:55 pm | Permalink

    i have jointly purchased a flat with my wife & my son being co-owners and we all 3 have equally contributed for the price of the said flat.

    now we want to make nominations but how to fill the said from no-14.

    we want to nominate eachother names upon death of any one of us so how come this is possible.

    i.e we all have to file seperate forms for our individual share or what ?

    please guide me in this respect as bye-laws has no mention for this and also guide me where this types of rules and regualtions are available other than bye-laws so that i can make understand my society.

    awaiting your favourable reply
    thanking you
    bye
    happy rakshbandhan

  7. champak patel
    Posted August 15, 2008 at 10:56 pm | Permalink

    hi

  8. mandar gajanan jog
    Posted August 19, 2008 at 12:21 am | Permalink

    My society is located in Pune. Unfortunately our society previsouly ignored for convience formalities. I m being the secretary & the New Developer as well trying for the same. But the earlier developer is not traceable not only that the land owner has refused to sign on any document. What shouuld be done in the case? As I have to develope the said project getting convience is very essential. I have heared that GR has been issued regarding cinveience of the society. I have heared that in such case the members of the society can get the conveience of their own. Please guide me in the same regard.

    Thanking You,
    Your’s trully,
    M.G.Jog

  9. arun Shivaram naik
    Posted August 20, 2008 at 5:48 am | Permalink

    I WANT TO CONFIRM THIS SCHEME HAVE ANY SLAB AMOUNT

    I HAVE A AGGREEMENT VALUE 65000/- THAN I HAV TO PAY STAMP DUTY OR NOT??????

    PL REPLY AS EARLIEST POSSIBLE

  10. sukumaran
    Posted August 29, 2008 at 3:20 am | Permalink

    I showed my sale agreement (for purchase of flat in Mumbai) registered on 24th December, 1980 wherein an adhesive stamp of Rs.10 is affixed to the Stamp Duty Office at Bandra and asked them if I have to pay stamp duty. They said no. Will you pl advise if registered documents attract stamp duty or not.
    Thanks.

  11. Manish Bhardwaj
    Posted August 29, 2008 at 5:40 am | Permalink

    Hi Rajani,

    I am a lawyer based in Delhi. While researching on the Maharashtra Stamp Duty Amnesty Scheme, 2008, I came across your considered blog entry on the subject. I wonder if you know the link to the Text of this Scheme. The one available on the Maharashtra’s Govt. website is in Marathi!

    I would appreciate any help on this.

    Thanks & Regards
    Manish

  12. Manish Bhardwaj
    Posted August 29, 2008 at 5:41 am | Permalink

    Hi Rajani,

    I am a lawyer based in Delhi. While researching on the Maharashtra Stamp Duty Amnesty Scheme, 2008, I came across your write-up on the subject. I wonder if you know the link to the Text of this Scheme. The one available on the Maharashtra’s Govt. website is in Marathi!

    I would appreciate any help on this.

    Thanks & Regards
    Manish

  13. bhavan
    Posted September 1, 2008 at 2:29 am | Permalink

    The stamp duty to be paid by the shop owners must be waived off as the action should have been taken immediately when they were purchased.Their are no clear guide lines available for the payment of stamp duty.

  14. Shekhar
    Posted September 12, 2008 at 10:50 pm | Permalink

    Following message is addressed to IGR & Controller of Stamps on Sept 10, 2008.
    Dear Sir,
    Govt. was kind enough to extend period upto Oct 31st. However it appears due to lack of infrastructure at stamp office all citizens will not be able to seek advantage. Moreover clarifications issued by govt. on Aug 29 for relief to buyers who executed documents during 1980-85 are not being yet implemented by stamp office.Therefore such small extended period leads to many corrupt practices by paying huge amount to agents and links associated with them. Govt. should extend deadline till they find not more than 20-30 citizens makes queue on a single day. Perhaps Amnesty Scheme should be extended for an Year or so. Although Govt authorities have declared the scheme with good intentions, its implementation has generated confusion and looked by the citizens either as a election propoganda or maintaining confusion or encouraging corruption.

  15. Kabra
    Posted October 23, 2008 at 11:12 am | Permalink

    Dear Sir,

    I have purchased flat in 2001 and have paid the stamp duty as per the declared value in the agreement. However I did not register the agreement until today, as I was informed that our society is registered and hence individual flats registration is not required.

    Please advice, If there is any need to do the registration and If yes, what should be the process.

    Should I submit my papers in the current Amnesty Scheme 2008 (Maharashtra) and then do the registration.

    Regards,
    SK

  16. mrs.rupali kedari
    Posted November 22, 2008 at 5:59 am | Permalink

    if 18 tenants had purchased the building erom the landlord in the year1986 can abhay yojna applicable to them.tenants have not yet eormed their co-op-society.

  17. R.C.Shekhar
    Posted November 24, 2008 at 9:31 pm | Permalink

    The Amnesty Scheme 2008 is terribly confusing and no body even including the Advocates interpretting and explaining the same without any layer of logic or common understanding. Under the said Scheme which is intended to regularise the documents and collect stamp duty during the period as stated therein. Though many Advocates / Lawyers opine that stamp duty for the flats purchased during 1980 and 10.12.1985 is subjudice, no clear cut picture is given in the said Scheme. Further, based on Mr. Prabhu, Chairman of Maharashtra Co-op. Societies Welfare Association inter alia states that based on the Self Declaration and Confirmation the documents be lodged for payment of Stamp Duty. Even this type of documents are not accepted by the Stamp Authorities. They follow one golden word that they have not received any G.R. from Maharashtra Govt. In the light of the aforesaid where DO WE STAND. Finally, please letme know whether the said Mr. Prabhu is competent enough to finalise the mode of documents to be presentedfor payment of stamp duty in respect of thetransactions during 1980 and 9th December, 1985. I would be much obliged to hear in this behalf.

    Shekharan

  18. rajagopla
    Posted November 30, 2008 at 10:47 pm | Permalink

    whether the scheme last date is extended to31st dec
    whetherthey accept the simple allotment letters without any stamp of cop hsg societys who had bought land and gotconveyee as well

  19. Zeena
    Posted December 31, 2008 at 3:53 am | Permalink

    Please clarify the stamp duty required to be paid for a flat purchased for Rs.1.5 lakh in August 1985 that has not been registered. The Stamp office is asking for stamp duty of Rs38,000/-
    Please advise if it is correct or how do we arrive at the correct figure for payment of stamp duty

  20. KK
    Posted January 20, 2009 at 8:58 am | Permalink

    Abhishek Sharma is a spoilt son, he is a drug addict and a porn addict. He can go to any extent to make fast money. He deserves to be behind the bars. He is a sly terrorist!

  21. Muthuswamy
    Posted May 26, 2009 at 8:10 am | Permalink

    Abhishek Sharma is the son of Nalin Sharma, VP of builders association of Navi Mumbai, India. Abhishek Sharma has served jail time overseas for raping 3 minor girls.

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