The Cabinet had on Tuesday approved a proposal for the increase in stamp duty on property transactions to fund major transportation projects such as the Metro and Monorail corridors.
Written by Sandeep Ashar | Mumbai | Published:October 9, 2015 2:01 am | Indian Express
The Maharashtra government has decided to allow a 1 per cent increase in stamp duty on property transactions, which will increase overall costs for home buyers in Mumbai, the country’s most expensive real estate market.
The Cabinet had on Tuesday approved a proposal for the increase in stamp duty on property transactions to fund major transportation projects such as the Metro and Monorail corridors. With this, the stamp duty in Mumbai will go up to 6 per cent although senior officials in the revenue department admitted that the Centre had issued guidelines urging states to cap stamp duty on property transactions at 5 per cent. The new rate will come into effect once the government issues a notification.
Senior officials also confirmed that the state government was actively considering a move to levy cess on Transferrable Development Rights (TDR) certificates as means to raise additional revenue. With increased revenue expenditure and revenue collection below par worsening the state’s overall financial position, the finance department is pushing for the move, sources confirmed.
In fact, the plan was discussed in detail at a meeting convened by Finance Minister Sudhir Mungantiwar for mobilising additional revenue, sources said. Sources also confirmed that the Urban Development and Housing departments have opposed this move for now, claiming that it would come in the way of the government’s plan of making housing more affordable in Mumbai.
The TDR or floating floor space index (FSI) is an important component for builders redeveloping suburban properties because it allow additional construction rights over and above the usual FSI permitted on the plot.
Source : http://goo.gl/Bm078P
“The move to levy cess on TDR, if approved, will hike construction cost for projects, impacting property prices in turn,” a senior official admitted.
By integrafinserve.in | 26th Dec 2013 |
The registration of document is accompanied with payment of Stamp Duty and Registration Fees. Make these payments through eSBTR (electronic secured bank and treasury receipt) using one of the two options –
(i) Online Mode i.e. online placement of request for eSBTR and online payment through Net Banking/Debit Card/NEFT, and
(ii) Over The Counter (OTC) i.e. placement of request for eSBTR at bank counter and making payment by Cash/Cheque/DD at designated Bank Branches. In both the options, Please collect eSBTR from the Bank branch. Branch can be chosen as per your convenience. For obtaining eSBTR, Stamp Duty payment should be Rs. 5000/- or more.
4 Easy Steps for eSBTR
Visit Banks Website —> Fill Form Online —> Make Online Payment —> Obtain eSBTR from Bank Branch
Over the Counter Mode:
Visit Bank Branch —> Fill Form —> Make Payment —> Obtain eSBTR
Benefits of eSBTR
1. Safe, accurate and easy mode of payment
2. Equipped with various security features
3. Payment without any ceiling
4. Anywhere, Anytime Payment through participating banks
5. Facility of making both Registration Fee & Stamp Duty payment at one place
Procedure for Payment – Online Mode
1. Visit your Bank’s1 website.
2. Fill online form for obtaining eSBTR.
eSBTR Payment Details like district2, SRO name, Financial year, Period3, Stamp Duty amount, Registration Fee amount
Fill Duty Payer Details like Person or Non Person (organisation), Payer name, Payer Id, Payer mobile number
Fill Other Party Details similarly as explained above
Fill Property Details like Address, State, Pin Code, Article Code4, Movability of property, Consideration amount, Property Area
3. Make online payment through Net Banking / Debit Card / NEFT.
4. Generate and Print proof of payment for eSBTR
5. Produce proof of payment at the branch of your choice
6. Obtain eSBTR
Procedure for Payment – Over the Counter Mode
1. Visit your Bank’s1 designated Branch.
2. Visit concerned desk for Government tax/duty payments in branch.
3. Ask for application form for eSBTR.
4. Fill the form for obtaining eSBTR as explained in second step of Online Mode.
5. Submit form and make Payment in Cash or Cheque or DD.
6. Obtain eSBTR
1. List of Banks and designated branches providing eSBTR facility is available here.
2. If agreement is related to property, then district where property is located, otherwise district of payment location.
3. Select period as ‘One Time/Adhoc’
4. In case document is related to both ‘Movable’ and ‘Immovable’ type of property, then customer has to select article/document title pertaining to immovable property
The registration of document is accompanied with payment of Stamp Duty and Registration Fees. Make these payments through Government Receipt Accounting System (GRAS) using one of the two options – (i) Online Payment through Internet Banking & Debit Cards, and (ii) Across The Counter (ATC) Payment at designated Bank Branches.
Visit GRAS, Select Mode (Online/ATC) of Payment, enter details and generate e-Challan. If You choose online payment option, make payment electronically. If You choose ATC payment option, print e-challan, visit designated bank branches to make payment.
‘ePayment’ – Anywhere Anytime Payment of Stamp Duty and Registration Fees. For availing ‘ePayment’ facility, Please visit -https://gras.mahakosh.gov.in/
Benefits of e-Payment
Safe, secure, accurate and easy mode of payment
No queuing or unnecessary waiting
Payment without any ceiling
Anywhere Anytime Payment through participating banks
Possibility of making all Departmental payment relating to transaction at one place
Procedure of e-Payment
Visit GRAS website.
Register yourself (optional) – Registration presents details for payments automatically.
Prepare a Challan:
- Select Mode of Payment
- Select Department as ‘Inspector General of Registration’. To Pay Judicial Stamp Duty, Please select relevant Court.
- For Non-Judicial Stamp Duty, Select ‘Non-Judicial Customer-Director Payment’ in Payment Type. To Pay Registration Fees, select that option. To pay Judicial Stamp Duty, select ‘Judicial Stamps’.
- Select Scheme Name as per location (Mumbai or Rest of Maharashtra)
- Select District and Office Name where you wish to register the document
- Select the Period (Year) as Current Financial Year and ‘One-Time/Adhoc’
- Select Article Code on the top
- Enter details of Payer and Property.
- Select the Bank as per your choice and convenience
A draft challan shall be displayed. Proceed for payment or cancel if change in data is required. Government Reference Number (GRN) is displayed when you proceed for payment.
If selected mode of payment is ‘e-Payment’, then authorize the payment at your bank’s internet banking website. Upon successful payment, print e-Challan
If selected mode of payment is ‘Payment Across the Counter’, then save and print the e-Challan. Visit the designated branch of selected bank and make payment. The bank shall stamp and provide the e-Challan.
Please paste the challan on the first page (on the top) of the document.
Source : igrmaharashtra.gov.in
Registration (Maharashtra Amendment) Act, 2010 has come into force from 1st April 2013
By Integrafinserve.in | Updated on 13 November, 2013 at 20:58:22 |
The Government of Maharashtra has amended the Registration Act 1908 in its application to the State of Maharashtra by Registration (Maharashtra Amendment) Act, 2010. The said Registration (Maharashtra Amendment) Act, 2010 has come into force from 1st April 2013 as per notification dated 7th March 2013, published by the Govt. of Maharashtra, Revenue and Forest Department in Official Gazette.
In all cases of Mortgage by way of Deposit of title deed (Equitable Mortgage) created on or after 1st April 2013:
a) If an agreement is executed between the Mortgagor and the Mortgagee (Bank), it has to be compulsorily registered. The permissible time limit for registration is four months from the date of execution.
b) If such agreement is not executed, then the Mortgagor (Borrower/Guarantor as the case may be) has to file on online “Notice of Intimation” of such mortgage within 30 days from the date of mortgage, with the Registering Officer/Officers concerned, within the local limits of whose jurisdiction the whole or any part of the property is situated, giving the details of his name and address, name and address of mortgagee, date of mortgage, amount received under the mortgage, rate of interest payable, list of documents deposited and the description of the immovable property.
c) Where an agreement relating to deposit of title deed is executed and registered as per clause (a), then there is no need of filing of notice of intimation.
d) The non registration or agreement/ non filing of notice of intimation may affect the enforce-ability of the Equitable Mortgage created on or after 1st April 2013. Hence adversely affecting the Mortgagee/Bank’s interest.
e) Any Mortgagor who fails to file such notice of intimation within the prescribed time shall be liable for punishment under Section 89C of the Act.
The Govt. of Maharashtra has issued a Circular dated 25th April 2013 stating that since the infrastructure for e-file is not in place, the notice of intimation has to be filed manually in the enclosed format. The Memorandum/ Recital for recording the equitable mortgage (document on which the stamp duty is affixed) needs to be annexed with the Notice of Intimation and stamp duty of Rs.100/- only needs to be annexed with the Notice of Intimation as per Section 4 of the Bombay Stamp Act. The filing charges and the document handling charges as mentioned in the above Circular of Govt. of Maharashtra, at the rate of Rs.1000/- and Rs.300/- respectively will also be required to be paid by the mortgagor. Where the Memorandum/Recital is not duly stamped, the notice of intimation will be required to be properly stamped as per the Bombay Stamp Act.
Process of filing intimation is as follows which needs to be done before disbursement (LAP/Fresh Home Loans) or after disbursement (Balance Transfers) FAQ:
1) The notice of intimation form franked for Rs.100 needs to be submitted along with all details filled in with photos affixed of mortgagor.
2) First make online payment of Rs.1000 towards filing fees, undertake online e-filing as explained below, generate the form at the end of the process, affix photograph(s) and get it attested by your lender. The said notice to be submitted along with Rs.300 in cash for handling charges for which Sub registrar will give receipt at the counter.
3) The said Notice of Intimation to be enclosed duly executed (franked), Receipt of Stamp Duty/Franking done, Loan Agreement/Memorandum of Deposit bank attested copy, accepted Sanction Letter bank attested, Index-II bank attested copy & Bank official’s ID Card copy bank attested.
4) Any one property owner to be present in person in sub registrar office with original ID proofs and above documents.
5) All property owners KYC to be attached with the same along with the KYC of bank official signing the loan agreement.
6) Date on the Memorandum of Deposit/Loan Agreement should be within ONE month of date of submission.
7) Note if the date is beyond ONE month, the Mortgage has to be registered by paying 1% of Loan Amount (max Rs.30000/-) within 4 months.
8) There have been cases of notice of intimation being accepted in SRO other than in which the property was originally registered. (for e.g. notice of intimation being accepted at Borivali I, IV or VI while property originally registered at SRO Borivali III)
Sub-Registrar Office Addresses:
Note: The above addresses & telephone nos are updated on a best effort basis without any guarantee of accuracy, kindly make necessary inquiries before visiting.
Challan Number has to be generated first and then Notice of Intimation as explained below:
- For Filing charges of Rs.1000/- website is http://www.gras.mahakosh.gov.in by Debit or Credit Card and select option “Registration Fee”, Drop-down MTR-6 and then Take Print-out
- For Payment of Filing charges & Stamp Duty website is http://www.gras.mahakosh.gov.in, Select Bank, Make Payment, Select option “Non-Judicial Stamp”, Generate MTR-6, Take Print-out and submit to selected bank, Obtain Stamp of Bank.
eFiling of Notice of Intimation:
- First you need to change your browser settings as per eFilingIESettings on the Login Page of Dept. Of Registration & Stamps, Govt of Mah, Pune website.
- Go to http://igrmaharashtra.gov.in/default.aspx –> Public Data Entry For Filing —> Create your password and start filling.
1. Enter user number and password of your choice. Enter the required information.
2. Thirteen digit Data Entry Number is generated. Please note down this number
3. Once entry is complete you take a printout of data entered. Please read the printout carefully.
4. For any modification use thirteen digit Data Entry Number and password you have created for that entry
5. Mortgagee has to take printout, affix his photo, sign it and after attesting by the concern bank officer with his seal and signature, the mortgagee has to physically submit it in the office of concern sub Registrar. No Need of Bank officers photo and physical presence
6. For offices in concurrent jurisdiction, you can go to any SR office with Data Entry Number
7. With the use of 13 digit number, the entered information will be available at SR Office.
- For offices in concurrent jurisdiction, you can go to any SR office with Data Entry Number, irrespective of the office chosen at the time of data entry.
- You may have to write to IGRO: email@example.com or call DIG IT 020-26128417, 020-26138432, DIG IGR 020-26124012 for queries.
- Please find the FAQ regarding filing of notices here. Note the same is an extract from IGR website.
For online payment of Notice of Intimation fee & Online eFiling call +919322286765 (Service Fees – 1000/-) at sole discretion of Integra FinServe and responsibility of the Customer.
Registration fee and Applicable Penalty :
The registration fee is a fee for the service provided by the sub-registrar’s office, of recording and storing the document for years together and in the proper condition. If one does not pay registration fees, he will not be able to register the document and will be deprived of these services but there is as such no penalty for non-payment as is the case of stamp duty. So whenever a person goes for registration he is charged the same registration fees as is chargeable on his document on the date of registration and no interest etc. is charged. However one must keep in mind that when one goes for registration after four months and before eight months of execution of document he is charged a penalty which could be up to 10 times of registration fees. This is the penalty for delay in presenting the document before the registrar and is not a penalty for non-payment. Normally this penalty is charged at the rate of 2.5 times of the registration fees per month for delay beyond the permissible 4 months.
The Registration fees is one per cent of the market value or Rs.30,000, whichever is less in case of documents pertaining to sale or conveyance. This is applicable from 01-04-2003 to date.
Please call +919322286765 for further queries.
Amit Shanbaug, ET Bureau Mar 19, 2012, 08.10AM IST
Procrastination can often exact a heavy price. Nearly 15 residents of a housing society at Vikroli, Mumbai, discovered this when they delayed registering their property for more than two decades.
Says 59-year-old Francina D’Souza, society secretary: “When the building was constructed in 1985, 40 of the 55 buyers got their flats registered, but the remaining 15 were duped by a lawyer and didn’t realise that this was necessary.
This came to light only recently when some of the owners wanted to sell their apartments and found it impossible to do so.”The only way out for the 15 flat owners is to register their flats now.
However, the biggest hurdle they will face is that the registration charge and stamp duty will be levied on the current value of the houses. Adding to this burden will be a hefty fine that the owners will have to pay for the delay. The entire exercise will cost the owners lakhs of rupees.
Registering your property should be the top priority when you buy a house as it proves your legitimacy to carry out any transaction. “A person is considered the lawful owner of a property only after he gets it registered in his name,” says Om Ahuja, CEO, residential services, Jones Lang LaSalle India. If you fail to do so, the previous owner or the developer will be considered the legal and rightful owner.
Pitfalls of not registering
The Supreme Court had ruled last year that all property sales would be considered invalid unless the sale deed was duly stamped and registered. “In the absence of the deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immoveable property can be transferred,” the apex court had held.
Under Section 49 of the Indian Registration Act, 1908, the documents (sale/gift agreement) will not have any bearing on the property and will not confer any transaction rights on the property.
In case of a dispute, you will not have any rights on the property if it is not registered in your name.
Advocate Vinod Sampat, president, Cooperative Societies Residential Users Association, explains that you will need to register the property within four months of the date of execution of the sale deed.
If the value of the property is Rs 10 lakh, you will have to pay a stamp duty of Rs 50,000-1.25 lakh (5-12.5 % of the property value) and a registration fee of 1% or Rs 10,000.
In case of a delay, you can request the district registrar to grant you an extension of another four months.
However, you will have to pay a penalty of up to 10 times the registration fee. “Usually, the penalty levied is 100-300% of the registration amount, but it can go up to the maximum amount too,” adds Sampat.
So, for a house of Rs 10 lakh, the penalty could be an additional Rs 10,000-30,000, while the maximum limit would be Rs 1 lakh. If the property is gifted, the stamp duty payable is lower at 2%, though the registration charges will be the same.
The stamp duty and registration charges will be applicable as per the current year, even though you may have bought the property a few years ago. The one exception to this rule will be if you have inherited the property. Says Sampat: “It is not necessary to pay stamp duty on a property bequeathed through a will.”
When to register
You will have to pay the stamp duty and registration charges for the sale deed and get these documented at the registrar’s office. If you are buying a house that was previously owned, the transaction will also entail a duly stamped and registered transfer deed.
In case the property is mortgaged, the lender will require a no-objection certificate from the housing society. It will then initiate the loan disbursement, depending on the repayment eligibility of the buyer. The registration process can be carried out only after the bank confirms the disbursement to the seller.
The housing society too will need to be informed, otherwise the new owner will neither be able to create a third-party lien nor be able to sell the property.
Some state governments are trying to ease the registration process. For instance, Delhi is the first city where people can register their property online by paying the charges through electronic transfer. Other states are likely to introduce this system.
Source : http://goo.gl/t90Rd