State govt announces 3-month amnesty for stamp duty payments

Stamp dutyFor all those who couldn’t pay stamp duty on their property purchase agreements, the state government on Wednesday announced a 3-month amnesty scheme to regularise all such transactions.

“Property owners who have not paid stamp duty on their deals can do so by paying minimal penalty within three months,” announced M Rameshkumar, principal secretary of the state’s revenue ministry. ET had reported last month about the scheme.
Unlike in the past, in the proposed scheme property owners will be charged the penalty of Rs 500 or Rs 1,000 depending on the size of the deal.

The state government hopes to mop up Rs 500-Rs 600 crore from the amnesty scheme. According to the state’s estimates, there are over 30,000 cases in which the state is yet to receive the stamp duty.

To avail the benefits of the scheme, the applicant will have to submit the required documents, after which he will be informed about the penalty that needs to be paid. The entire process will take not more than two days, Mr Rameshkumar said.

Unless stamp duty is paid on real-estate purchase agreements, the property’s conveyance cannot be executed.  This leads to problems later, especially when residents wish to go in for redevelopment of their buildings. In addition, banks shy away from granting loans against such properties.

Source: Thhe Economic Times

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43 Responses to “State govt announces 3-month amnesty for stamp duty payments”


  1. 1 srinivasan venkataraman Jun 15th, 2008 at 1:40 am

    In many cases the builders have not given neither the occupation certificate nor the property card to the socxiety. Therefore it issuggested that the government shoud not insist on these two documents for processing the cases for stamp duty. Only agrrement for sale of property shoud be made mandartory. Will thegovernment hear?

    S. Venkataraman

  2. 2 Manish Jun 19th, 2008 at 1:02 am

    By this move of the government both government and property buyer will be benefited, government will get the revenue by means of stamp duty collection and the property buyer who were not able to pay the property tax at the time of property buying will get the chance and make their property legal.

  3. 3 Samir Gandhi Jun 23rd, 2008 at 3:22 am

    With much fan-fair, the Government had announced Amnesty Scheme for Stamp Duty.

    The idea of such scheme, as declared to public, was to help people pay the Stamp Duty on Market Value without levying any exorbitant penalty (up to 200%) on the Agreements executed in past (may be more than 10-12 years back).

    Once the proper stamp duty is paid, the Land can then be transferred to the Co.Op. Hsg. Society and the society or the present owner becomes the owner of the Land.

    In most of the cases, Stamp Duty on Market Value (determined by Stamp Duty Department) is not paid since 20-30 years. In many cases, the flat/house has been transferred from one owner to another to third etc. It may have happened that second and third transactions have been properly stamped but the first one may not have been properly stamped.

    When approached, the stamp duty offices are asking for the proof of transaction of sale in form of Bank Statements or Income Tax Returns.

    As the cases in which Amnesty Scheme is sought are mostly pertaining to more than 10-12 years old, such documents are rarely available.

    In these cases the 10-12 year old Executed Agreement is Available, and the owner is willing to pay the stamp duty on market value on the date of execution of the document along with nominal penalty as described in Amnesty Scheme. However his good intentions are sabotaged by the directive of Stamp Duty Office in demanding the Bank Statement or Balance Sheet. The banks do not issue records more than 5 years old and Income Tax records are kept for preceding 8 years only.

    So effectively, even though the actual document of execution (Agreement of Sale) is available (in which transaction details are incidentally mentioned), such documents can not be lodged with stamp duty office to avail the Amnesty Scheme.

    It appears that the officials in the Stamp Duty Offices do not wish to make this Scheme successful due to Malafide reasons. The proof is that only 10 or so documents have been so far lodged under the Scheme in the city of Mumbai.

    Your goodselves are requested to immediately intervene in this matter and make government issue instructions that if the Agreement of Sale is lodged, then, without any further proof, such documents should be given benefits of Stamp Duty Amnesty Scheme and they should be properly adjudicated and stamped without any penalty except as described in the Amnesty Scheme (Rs. 500/- upto demand of Rs. 25,000/- and Rs. 1,000/- if demand is more than Rs. 25,000/-)

    Samir

  4. 4 toni Jul 14th, 2008 at 11:30 pm

    For a flat purchased 30 years ago the stamp duty at that time was Rs 5 which was paid. Does one have to pay again??
    If so the procedure is difficult with the documentation requirements.
    Any comments please?

  5. 5 moiz s khokhawala Jul 28th, 2008 at 2:44 am

    I have purchased a flat in the year 1981. Kindly clarify whether do i have to pay stamp duty under amenity scheme. If yes state under which amenity scheme this would have been applicable.this pertain to maharashtra amenity scehme

  6. 6 Satish Sharma Jul 29th, 2008 at 12:47 am

    There are so many issues which are not clear such as
    a) Documents executed prior to 1985
    b) The Concerned authoriety not accepting the documents executed in respect of the Industrial Units under the Amnesty Scheme.
    c) The the Amenesty scheme is decalred for giving the benefits to the society for conveyance, but no specific guilelines available for society.
    d) Still the procdure for Deemed Conveyance is not started. How the society could be benefited?

    The Govt. must issue the proper guildelines for the people and the society.

  7. 7 Machado Aug 1st, 2008 at 9:10 pm

    I live in a resale flat. the agreement of the flat was made in March 1985. Form 37EE was submitted. the flat’s area is 480 sq.ft. carpet area and purchased for 1.50 lakhs.
    During that time, stamp duty was not applicable.
    Please inform me if I will need to pay stamp duty on my flat. the Society is already in possession of a Conveyance Deed but may be interested in redevelopment.
    Please advise URGENTLY.

  8. 8 C Colaco Aug 4th, 2008 at 11:19 pm

    My aged parents had purchased a resale flat measuring 490 sq.ft for Rs. 1,75,000/- by an agreement on Stamp Paper on 23rd February, 1983.

    Is stamp duty not to be paid since it was purchased before 10.12.1985 and the area measuring only 490 sq ft.

    Looking forward to hearing from you.

    Thanks

    Colaco

  9. 9 Niranjan Jahagirdar Aug 5th, 2008 at 10:18 pm

    which documents need under amenity scheme & what is deemed
    conveyance to which athority we have approch for this

  10. 10 geeta Aug 10th, 2008 at 8:02 am

    i have purchased the flat in the year 1984 but the agreement papers are not to be seen but it has beeen registered at that time and only the copy of the receipt in my positions.

    I request uto pls guide me in case if the agreemt paper is not traced what next step i should do.

    email:capgn@hotmail.com

  11. 11 Carol Franco Aug 22nd, 2008 at 11:21 pm

    Flat purchased in 1973 for Rs. 25,000 - 30,000, no agreement made, only share certificate available. Do I require to pay stamp duty, how much and what are the documents needed?

  12. 12 Arun Newalkar Aug 23rd, 2008 at 8:08 pm

    we were the owner of the land, which was given to the builder for development & in consideration of which we have been given the flat. The Agreement for sale is registered for this transaction.( dt. 10.06.1983), Construction of building completed Feb 1985.( O.C issued by Municipality in Feb 2005)

    Our flats are not registered under Maharashtra co-op.Housing societieds act 1960,since we have not purchased it from the builder.

    During the above period no provision for stamp duty payment in act were mentioned. Still are we suppose to pay stamp duty.

    How many years govt. will go back under amnesty scheme for getting stamp duty on the transaction of purchase of flats/ exchange in consideration of land ( as in or case ).

  13. 13 Megh Kenia Aug 25th, 2008 at 12:31 am

    We have cleared over agreement by paying stamp duty & registering it .But earlier transferor or transferee of our so occupied flat have not paid stamp duty on it .so is it our responsibility to pay stamp duty on there behalf.And also some agreement are executed before 1985 so stamp duty is to be paid on that documents…….reply

  14. 14 Uday Sane Aug 27th, 2008 at 9:37 am

    :question_wp: My building was built in 1970. I am the second owner who purchased the flat in 2003 after paying stamp duty at that time. I have original agreement dated 1970 between the builder and the first owner with me. I could not locate any five rupee stamp on it.

    Do I need to pay stamp duty under amnesty scheme. ???

    If a society is formed before building and flats are handed over to owner by society , is stamp duty still applicable?

    is the stamp duty amnesty applicable to societies formed before 1985?

  15. 15 Caroline Aug 28th, 2008 at 8:27 pm

    I have purchased falt of 610 area in 1982 , do i have to pay the stamp duty under amensty scheme. Please help

  16. 16 Pramod Aug 29th, 2008 at 5:11 am

    I have purchased flat in dec.1984 from a person for Rs.3.20 lac and that time society was already formed aswell we have property card occupacy certificate conveyance also in favour of the society. but that time agreement made on rs.10/- stamp paper eventhough i am liable to pay stampduty under abhay yojana amnisty scheme pl let me know about it. also i have heard that from whom i purchased flat that also to pay is it true and how much, secondly if someone have no capacity to pay such huge stampduty and penalty then does govt have any remedy about it.

  17. 17 deepak kinger Sep 2nd, 2008 at 10:50 pm

    Why is the amnesty scheme not applicable to commercial properties and industrial galas in the co operative societies of various industrial estates, the government must allow this also,

  18. 18 Sasikumar Sep 2nd, 2008 at 11:30 pm

    Let me know whether the amnesty scheme is applicable for Industrial properties also or only for residential properties.

  19. 19 LISTON DIAS Sep 8th, 2008 at 10:48 pm

    I had purchased a flat from the builder, in 1992, i have paid some stamp duty worth Rs. 5000/- towards Stamp duty at thane for which i have a receipt do i have to pay again.

  20. 20 Urgent Reply sought Sep 12th, 2008 at 8:23 pm

    Dear Sir,
    My aged father had purchased a flat admeasuring 340 sq. ft in January 1981 on resale. He had got the flat transferred in his name from the original owner [flat initially purchased by the first person from the builder] by submitting transfer form -Schedule II for Rs.40,000.00 then. The flat stands in my father’s name with necessary changes made in the Share Certificate. However, I do not find any purchase agreement alongwith the other documents in respect of the said flat. How do I get the benefit under the Abhay Yojana 2008 in respect of Stamp Duty to be paid to the Govt of Maharashtra? What are the documents that I need to produce to the concerned Collectors Office to get my flat. Pl note that there is no agreement between my father and the seller of the flat and the sellers whereabouts are not known to us now. Please expeditiously advice me as I am concerned for my father.
    Pl specifically adivse me the documents to be produced and tell me on the issue of the agreement. Pl mail me on my mail id, act for which I shall be very much obliged to you.
    Thanking you in anticiapation
    With best regards
    Arun Nair

  21. 21 samuel reuben Sep 23rd, 2008 at 4:39 am

    Dear Mr Arun,
    I have the same problem ,i do not have the aggrement with me ,as my father had only taken signature on revenue stamp affixed on a paper .Requesting you to kindly guide me as i would also like to use this Amnesty scheme

  22. 22 Sushma Shintre Sep 26th, 2008 at 2:17 am

    I am the second owner of the flat and executed Agreement in
    1973. Conveyance Deed of the said building is executed in
    the year 1972. My agreement is entered on Rs.3/- Stamp Paper. The Name of the first party is in Conveyance. Am i liable to pay any additional stamp duty under Amensty Scheme

  23. 23 manju Sep 30th, 2008 at 8:48 pm

    For a flat purchased 30 years ago the stamp duty at that time was Rs 5 which was paid. Does one have to pay again??
    If so the procedure is difficult with the documentation requirements.
    Any comments please?

  24. 24 hilda kumar Oct 1st, 2008 at 6:02 am

    my sister n bro-in-law jointly purchased a flat in Dec.1984 which was registered i n Feb.1985. now since both of them are expired, the flat has been transferred to their only child, as per the request to the Societys managing committee. He has received back the original agreement from the MMRDA office .since the amnesty scheme is on, and the agreement is on Rs.5/ stamp paper,we approached MMRDA office, to find out the duty payable by my nephew against the purchase of flat in 1984. we were informed by the office staff, that we need not pay any stamp duty ( they were not accepting registered agreements) and must give a copy of the registered agreement to the society. The conveyance of this bldg. has not taken place. Therefore pl. let me know the action reqd. to be taken by my nephew

    1. Is he required to pay stamp duty now or at the time of conveyance.
    2. At what rate duty will be charged, if he has to pay stamp duty at all
    3. Is the stamp duty payable at the time of conveyance of the bldg.
    I wish to complete this exercise of paying duty, by takking advantage of the Amnesty Scheme which is only upto 30.10.2008.
    Shall be grateful for your reply

  25. 25 Suresh Shenoy Oct 1st, 2008 at 6:43 am

    I have purchased flat in 1992 and paid stamp duty as per agreement value. Now I have received a letter indicating the payment of additional stamp duty based on the prevailed market rate at that time. What is the procedure to pay this balance stamp duty? Can somebody clarify??

  26. 26 Ajay Govind Oct 5th, 2008 at 7:05 am

    Dear Mr. Arun and Mr. Samuel,
    I have the same case. If you have got the guidelines of hw to go about it to get Stamp Duty paid and conveyance deed made in the name of the society, please forward to me too. Thanks in Advance.
    Our building in Juhu, Mumbai, was built in 1979 and has a 99 yrs lease on it. The developor gave us only share certificates and allotment letters. There were no agreement of sales. I am not aware if we have complete set of Bank Statements and the Balance Sheets.
    We do have lease agreement of the plot. No stamp duty ever done. Also we as well as the developer, had requested (several letters) Mhada to grant us conveyance but Mhada never responded back. All original members and only one new flat owner.
    Now, our building is interested in redevelopment. But the same catch-22…arises.. conveyance deed and Stamp duty…
    There are no guidelines available. If anyone knows the procedure please help us.
    Thank You,
    Ajay Govind
    :cool_wp:

  27. 27 hilda kumar Oct 5th, 2008 at 9:35 am

    Year of Purchase of Flat - Dec.1984
    STamp Rs.5/-
    Registered in February 1985
    No conveyance has taken place.

    Stamp office is not accepting the agreemt n
    What can be done to pay the stamp duty under this amensty scheme.
    please guide me what i am supposed to do in such situation.

  28. 28 Mary Oct 13th, 2008 at 6:28 am

    Our flat was bought in 1976, kindly advise if we need to pay the Abhay Yojana 2008 (stamp duty)
    Thank You.

  29. 29 GANESH A SHET Oct 14th, 2008 at 2:35 am

    I have purchased a flat @ 8yrs back and paid all the dues pertaining to stamp duty & registration. I am the third buyer of the flat. The previous owners have not pay any stamp duty. What are the guidelines for such cases under this amnesty scheme.

  30. 30 jaya Oct 18th, 2008 at 3:21 am

    i had purchased a residential flat in 1977. in 1979 we converted it into a commercial premises (Hotel)which is situated at the ground floor of the at what rate should I pay stamp duty under this amnesty scheme i.e (Residential or Commercial).
    kindly advise

  31. 31 subhash chandanmal jain Oct 23rd, 2008 at 7:03 am

    dear sir my faher have purchase the flate in 1979,our socity is regiterd and , i have a share certificte of register co.op.hoc.sco. please now gide me we are also lible for stampe duty it’s a nessary for pay stamp duty

  32. 32 Loy D'Souza Nov 6th, 2008 at 5:58 am

    Could you kindly advise. My father had leased his property for 99 years beginning 1971. We were given a flat in the building that was constructed. The society was formed in 1972. Do we have to pay the Abhay Yojana tax i.e amnesty Tax.

    Thanks.

    Loy

  33. 33 Shirley Nov 6th, 2008 at 10:50 pm

    Our’s is a redeveloped property.We own a 1 BHK flat (apprx 500 sq ft area).The property was redeveloped 3 yrs back, what is the amt of stmap duty payable inclusive of penalty if any.Kindly advise.

    Mrs.Fernandes

  34. 34 Bernie Carlos Nov 11th, 2008 at 4:16 am

    We had our own property which was given to the builder for building flats. we recd the ready flat in 1983, are we liable for payment of stamp duty???? pls reply

  35. 35 Rajendra Seth Nov 12th, 2008 at 10:19 pm

    I purchased my flat in March, 1975. May I know whether I am come under Abhay Yojana 2008 scheme.

  36. 36 zulfi Nov 14th, 2008 at 11:10 pm

    my problem is similar to Mr suresh shenoy I have purchased flat in 1992 and paid stamp duty as per agreement value at rate prevailing at that time. Now I have received a letter indicating the payment of additional stamp duty based on the prevailed market rate at that time. What is the procedure to pay this balance stamp duty? Can somebody clarify

  37. 37 SM Nov 17th, 2008 at 4:55 pm

    I have purchased a flat in 1983 for Rs. 6.5 lakhs, measuring 1000 sq ft.
    I cannot find any paper with stamp duty of Rs.5 paid.
    Do I need to pay stamp duty and if yes, what is the amount payable? What will be considered the market value of my property?

  38. 38 SANJEEV Nov 26th, 2008 at 6:04 am

    Our Flat was taken by Allotment Letter in 1960.Do we need to pay stamp duty,i assume that stamp duty is to be paid for flats only taken after 1970,Rqst pls confirm

  39. 39 Teresa Assis Nov 26th, 2008 at 11:23 pm

    Purchased a flat in New Mumbai in 1987 for Rs.80,000/- and sold it in 1997 for Rs.1,25,000/- , the person who purchased the flat has not yet changed the name and it is still running on my name, now he has sold the flat to a another person.

    I would like to know if stamp duty has to be paid and who is to make the payment. Let me know that I being the first owner will be involved in this matter.

    Thanking you,

    Teresa

  40. 40 Sanjeev Jan 21st, 2009 at 2:11 am

    I have purchased (First owner)flat valued 40000/- in 1984 .Do I have to pay stamp duty?

  41. 41 b.s.kipps Mar 2nd, 2009 at 5:14 am

    my father had purchased 750 square feet flat in bandra, mumbai in 1972 and is still is the original holder of the flat. do we need to pay stamp duty. what are the documents required and the procedure of paying stamp duty so that the deed is clear. there are no intentions for selling the flat. where do we pay the stamp duty.please advise

  42. 42 Tony Mar 23rd, 2009 at 9:15 am

    Flat purchased in 1970 for Rs.18000, agreement made on rupees three stamped paper, share certificate available. Do I require to pay stamp duty, how much and what are the documents needed?

  43. 43 shakil ahmed Jul 21st, 2010 at 5:11 am

    Dear Sir,
    Kindly inform me that from which date AMNESTY Scheme is started.

    Please let us Know.

    Shakil Ahmed.

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