FAQs from Department of Stamps & Registration

FAQs from Department of Stamps & Registration – http://igrmaharashtra.gov.in/FaqStampDuty.aspx#8

Frequently asked questions

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Stamp Duty

1	What is the bombay stamp Act,1958?
2	What is Stamp Duty ?
3	Whether Stamp duty is payable on transactions or on instruments?
4	What is instrument ?
5	What is document ?
6	Why Stamp Duty has to paid on document/instrument ?
7	Which provisions/ Articles of Indian Stamp Act, 1899 attracts Stamp duty in the state of Maharashtra ?
8	What is meant by execution of instruments?
9	How Stamp Duty is calculated?
10	What point of time of Stamp Duty payable ?
11	How is Stamp Duty payable?
12	Who is liable to pay Stamp Duty ?
13	What is meant by adjudication of instruments? Which authority is to be approached for adjudication of instruments ? What is the amount of fees required to be paid for adjudication? What documents are to be enclosed while submitting application for adjudication ?
14	How to pay Stamp Duty ?
15	How to pay Stamp Duty ?
16	What are the consequences of not paying Stamp duty?
17	In whose name the stamps are required to be purchased ?
18	What happens if the instrument is executed on stamps which does not bear the name of one of the executors?
19	What happens if the instrument is executed on stamps which does not bear the name of one of the executors?
20	What happens if the instrument is executed on stamps which does not bear the name of one of the executors?
21	What remedy is available to the parties, in case they do not agree with the true market value of the property as determined by Collector of the District ?
22	Is the chargeability of stamp duty determined by the Collector of stamps in adjudication final ? Can � person go in an appeal against the order passed by the Collector of Stamps ? Is there any time limit for filing the appeal ?
23	Why do the authorities insist on disclosure of relevant facts and circumstances to be fully and truly set forth in the instrument ?
24	Can there be refund of Stamp duty in case if the Stamp paper is unused or multiliated?
25	What is meant by impounding of instruments ?
26	As the cost of flat is required to be paid in installment as per agreement whether the stamp duty can be recovered in part at the time of payment of such installments instead of making full payment at the time of entering into the agreement ?
27	In case where the builder sells� flat to an individual in� building where the society is not formed and the document is not stamped and the individual resells the flat to another persons who pays the stamp duty. The builder confirms the said agreement and thereafter the society is formed. The purchaser becomes� member of� society. Whether the original purchaser in future will be liable to pay stamp duty and whether stamp duty can be charged on the flat and whether the first purchaser can be forced to pay the stamp duty by the Government or it will be have to be borne by the second purchaser again who is the present owner of the flat ?
28	On what basis ( Carpet, Built-up or Super built-up ) are the rates fixed by the stamp authorities ?
29	Will stamp duty have to be paid if there is a �deed of family settlement and a flat is transferred amongst family members ?
30	Will stamp duty have to be paid if the flat is gifted by a donor ?
31	Is the decree of final order of a civil court by which immovable property is transferred be liable to be stamped as a conveyance ?
32	In case of resale of the flat who has to pay the Stamp duty, the purchaser or the seller ?
33	Are orders made by the High court under section 394 of the Companies Act, 1956 in respect of amalgamation of companies be liable for payment of stamp duty as on a Conveyance ?
34	In whose name should the stamp paper be purchased. ? Can the client execute the document on � stamp paper purchased by an Advocate ?
35	In whose name should the stamp paper be purchased. ? Can the client execute the document on � stamp paper purchased by an Advocate ?
36	What are the different support documents generally required to be submitted for registration?