Laws For Rental Properties In Maharashtra – Stamp Duty

Understanding stamp duty rental property Maharashtra laws is essential when letting out a property. There are several legal formalities that one needs to fulfil, including stamping and registering agreements for leave and licence. All states have different rates and laws dealing with stamp duty, and Maharashtra has its own specific requirements for rental agreements.

Stamp Duty provisions:

Stamp duty is a government tax, which is levied on all legal property transactions. Besides lending legality to a document, Stamp Duty also boosts revenue for local government. Stamp papers, that are bought either in the name of the seller or buyer is valid for 6 months, provided the stamp duty is paid without any delay.

Stamp duty rates differ in various states across the country. The buyer has to pay a stamp duty at the time of registration. The central government of India decides the registration and stamp duty charges. Any delayed payments will have 2% as a penalty every month. The stamp duty charges also differ if a property is old or new.

The stamp duty and registration charges in Pune is one of the biggest revenue sources for Maharashtra. The basic framework of stamp duty is laid down in the Indian Stamp Act, 1899, which authorises the states to modify the same, as per their needs. Accordingly, the government of Maharashtra passed the Bombay Stamp Act, 1958. According to that, leave and licence agreements are required to be stamped with a rate of 0.25 per cent of the total rent for the period. The rate of stamp duty for leave and licence agreements is the same for residential and commercial developments.

Stamp Duty Rental Property Maharashtra: Key Requirements

As per the latest updates by the Maharashtra Government in 2018, the stamp rate in Pune is 6% for females, males and male-female as joint owners.

Registration provisions:

As per Section 17 of the Indian Registration Act, which applies to the whole of India, every agreement for leases of immovable property from year to year, or for any term exceeding one year, are required to be registered mandatorily.

As per the provisions of Section 55 of the Maharashtra Rent Control Act, 1999, every agreement of a tenancy or leave and license has to be in writing. The same also needs to be mandatorily registered, regardless of the period of tenancy. The registration fee for a tenancy agreement in Maharashtra, depends on where the property being let out, is located. The registration fees are Rs 1,000, if the property is situated under any municipal corporation area and it is Rs 500, if the same is in a rural area. In the absence of any agreement to the contrary, the cost of stamp duty and registration is to be borne by the tenant.

How to Register Your Rental Agreement

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Looking for rental-friendly homes? Explore Kolte-Patil projects in Pune with excellent rental potential. Verify RERA details on the MahaRERA portal.

About arfat@netbiz.in

arfat@netbiz.in is a content contributor at Kolte-Patil Developers, one of Pune's leading real estate companies with 30+ years of experience.