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Stamp Duty
When is Stamp duty payable on an instrument in Maharashtra?
All instruments are liable to be stamped before or at the time of execution of instrument when executed in the State of Maharashtra.

Is there a time limit within which documents should be registered?
Documents must be registered within four months of the date of execution. Thereafter, documents may be registered on payment of penalty.

How is stamp duty paid in Maharashtra?
Various Banks and Financial Institutions have been authorised with a stamping/franking facility in some of their branches. Stamp duty can be paid by a pay order / demand draft drawn in favour of the concerned Bank/Financial Institution. The pay order / demand draft is to be accompanied with a covering letter from the issuing bank that the same is for payment of Stamp duty. A receipt is issued by the concerned Bank/ Financial Institution for the stamp duty amount.

What is the procedure for registration of an instrument?
Once adequate stamp duty is affixed on an instrument and it is dated, signed by the parties and attested (where required) by witnesses, it can be lodged for registration after payment of the registration fee. All parties signing the instrument are required to attend the office of the concerned Sub Registrar of Assurances either by themselves or through their constituted attorney to admit execution of the instrument. If the signatory to the instrument is different than the person present for registration, the power of attorney in such case will require registration. A copy of the PAN Card is essential for registration.

After lodging an instrument it is registered and seal of the Sub Registrar is affixed on the instrument, thereafter the original instrument is returned back to the parties.

Is there a time frame within which the stamp document must be executed?
A stamped document should be executed within six months from date of stamping.

Is it possible to get a refund of stamp duty already paid on an instrument?
Yes. If stamp duty is paid on an instrument but the instrument is not signed by any party then an application is to be made to the concerned authorities for refund of stamp duty within six months from the date of stamping. On receipt of such application, the concerned authorities are empowered to refund the value of stamp duty after deducting such amounts as may prescribed.

Is there a procedure for adjudication of stamp duty?
A person can seek opinion of the Collector of Stamps by making an application to him for adjudication of stamp duty payable by such person on the instrument. For this purpose, the person has to submit the instrument and other evidences as required, along with prescribed fee. The Collector's opinion is final and conclusive.

Is an agreement for sale of a flat/ shop/ office required to be stamped and registered?
Yes. An agreement for sale of a flat/ shop/office is required to be stamped and registered as per applicable law.