1 All the details of value of property as per Collector’s rate guidelines,
stamp duty and the registration fee and format of the deeds can be obtained by
the public in the check slip from the HARIS counter in the Sub-Registrar/Joint
Sub-Registrar office where the property is situated.
2 Based on the Collector’s rate of the property stamp papers up to Rs. 10,000/-
have to be purchased from the Stamp Vendors. If the instruments require stamp
paper of more than Rs. 10,000/- the executant can purchase the stamp paper from
the treasury after deposting the amount in the State Bank of India under head
‘0030-Stamp and Registration.”
3 After purchase of Stamp papers the document has to be written by the document
writer and executed in the presence of two witnesses. Necessary enclosures like
copy of title deed/copy of jamabandi, map, etc. have to be enclosed to the document.
The document has to be presented to the concerned Sub-Registrar/Joint Sub-Registrar
in whose jurisdiction the property is situated. The Sub-Registrar/Joint Sub-Registrar
will scrutinize the document regarding classification of documents and payment
of stamp duty and registration fee etc through computer (HARIS).
4 The executant has to appear before the Sub-Registrar/Joint Sub-Registrar
for admission of execution of the document. Two witnesses are required to be present
before the Sub-Registrar/Joint Sub-Registrar endorses the admission of execution
after following office procedures and he will add registration certificate on
the document itself through Computer (HARIS). Then the copy of document will be
pasted in the concerned Book and the original document is returned to the claimant
on the same day or the next day.
5 Any person who is not willing to pay stamp duty on the market value as
suggested by the Collector can have his case referred to the Collector under Section
47-A of the Indian Stamp Act, 1899 for determination of the value of consideration
and the proper stamp duty payable therein. The SDO (C) and District Revenue Officers
are declared as Collectors under Section 47-A of the said Act. The Divisional
Commissioners are declared Appellate Authority in the case.
6 Purchaser has to pay Stamp duty on sale deeds/conveyance deeds. In the
case of exchange deeds both the parties have to pay duty in equal share in lease/rent
deeds it is payable by lessee. In partitions, it is payable by the parties in
proportion to their respective shares. In all other cases, the duty in generally
is payable by the executant of the document.
7 Mainly all documents relating to sale, conveyance, exchanges, gift, settlement,
partition, mortgage, lease, decrees, releases, etc of immovable property of the
value of one hundred rupees are compulsorily registerable under Section 17(i)
of the Registration Act, 1908. The remaining categories of documents mentioned
in Section 18 of the Registration Act, 1908 are optionally registerable.
8 All documents, except wills, shall be presented for registration within
four months from the date of execution as per provision of Section 23 of the Registration
Act, 1908. Section 25 of the said Act provides for condonation of delay upto to
four months on payment of a fine not exceeding ten times the registration fee.
Wills can be presented at any time for registration.
9Revenues:- The revenue derived from stamp and registration under
“Head 0030” contribute a major source of revenue to the Government as it is clear
from the figures of last three years:-
Year
Income
(Rs. In Crores)
2004-05
78271
2005-06
1373.00
2006-07
1764.98
2007-08
(upto December, 2007)
1381.03
10
The specific provisions regarding stamp duty leviable on 65 types of instruments
are in Schedule I-A to the Indian Stamp Act, 1899. Rates of stamp duty on main
Instruments are as under:-
Description
of Instruments
Rates
of Stamp duty
Conveyance
Deed/ Sale Deed/ Certificate of Sale.
6%
(in rural areas). 8% (including 2% Municipality duty) in Urban areas. (2%
exemption of S.D. on instruments of sale executed in favour of women in rural/urban)
Gift
Deed, Mortgage Deed with Possession, Further charge for Mortgage deed with further
charge.
3%
(in rural areas) & 5% (in urban areas)
Mortgage
Deed without Possession, Further Charge for mortgage deed without possession,
Settlement Deed, Partition Deed etc.
1.5%
Special
Power of Attorney
Rs
100/-
General
Power of Attorney
Rs
300/-
Exchange
of Property
6%
(in rural area) and 8% (in urban area) of the value of the property of the
greatest value.
Affidavit
10/-
Security
Bond, Cancellation of instrument, Indemnity Bond, Release of Ancestral Property,
Surrender of lease.
15/-
Partnership
Deed
22.50/-
Trust
Deed
45/-
Adoption
Deed
37.50/-
Equitable
Mortgage/deposit of title deed, pawn or pledge
0.2445%
if such loan is repayable on demand or in more than three months.
0.12225%
if such loan is repayable in not more than three month.
Divorce
30/-
Lease
Deed
(as
per article 35 of Schedule 1-A)
@1.5%
of one year avg. rent, if below 5 years
@3%
of one year avg. rent, if more than 5 but not exceeding 10 years
@3%
for consideration equal to twice the amount or value of the avg. annual rent reserved-if
more than 10 but not exceeding 20 years
@3%
for consideration equal to three times the amount or value of the avg. annual
rent reserved-if more than 20 but not exceeding 30 years
@3%
for consideration equal to four times the amount or value of the avg. annual rent
reserved-if more than 30 but not exceeding 100 years
@3%
for consideration equal in the case of lease granted solely for agriculture purposes
to 1/10th and in any other case to 1/6th of the whole amount
or rent which would be paid in respect of the first 50 years of lease (+2% Municiple
duty in urban areas)- if more than 100 years in perpetuity.
11Registration Fee:- The registration fee is also chargeable
at the time of the registration of the instruments in slab system as provided
in appendix 1 table of registration fee as per provision of Indian Registration
Act, 1908 which is as under :
Rs.
(a)
for
all optionally registrable documents except leases.
50.00
(b)
for
all compulsory registrable documents (other than leases of immovable property)
if the value of consideration in money does not exceed Rs. Fifty thousand.
100.00
If
it exceeds Rs. Fifty thousand but does not exceeds Rs. One lac.
500.00
If
it exceeds Rs. One lac but does not exceeds Rs. Five lac.
1000.00
If
it exceeds Rs. Five lacs but does not exceeds Rs. Ten lacs.
5000.00
If
it exceeds Rs. Ten lacs but does not exceeds Rs. Twenty lacs.
10000.00
If
it exceeds Rs. Twenty lacs but does not exceeds Rs. Twenty Five lacs.
15000.00
GPA,
SPA, adoption deed, Miscellaneous documents,
100.00
Will
200.00
Trust
50.00
Thus
the maximum registration fee is Rs. 15,000/-
12
HARIS Charges:- The existing rates of service charges
being charged are as under:-
#
Type
of Deeds
Service
Charges in Rupees
1.
Sale,
Conveyance, Gift, Exchange, Decree or Order of Court, Lease, Surrender of Lease,
Deed of Divorce, Deed or Power, Marriage Registration, Other Conveyance, Deed
of further charge, Transfer of Lease.
200
2.
Mortgage,
Adoption, Authority to adopt, GPA, SPA, Any other document which is incapable
of valuation, Settlement, Release.
150
3.
All
types of cancellations, Will, Award, Agreement, Any other
