| 1. |
Is Collector’s decision final with regard to the nature of the document and the stamp duty payable thereon? |
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Insofar as the orders of the Collector under Section 47-A are concerned, an appeal lies to the Sub-Court having jurisdiction over the area, within two months. However, the entire amount of the deficit duty as determined by the Collector has to be deposited before filing the appeal.
In all other cases appeal lies to the Chief Controlling Revenue Authority (Commissioner & I.G. of Registration & Stamps, 1-7-10,N.B.K. Estate,Mushirabad,Hyderabad-500 020.) under Section 56 of the Stamp Act
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| 2. |
When a document is liable to be stamped ? |
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All documents chargeable with duty and executed in India shall be stamped before or at the time of execution |
| 3. |
What is the stamp duty payable on a general power of attorney given to family members? |
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A general power of attorney authorizing the agent to construct or develop or sell any immovable property is chargeable with stamp duty at 5% on the market value of the property, even if it is given to a family member. |
| 4. |
What is the stamp duty payable on agreement to sell? |
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There are two types of agreements to sell immovable property. In one case, possession of the property is delivered to the purchaser. In the other case, the agreement is a simple agreement without delivery of the possession of the property.
When possession of the property is given through an agreement to sell, stamp duty is payable at 8% if the property is situated in any Municipal Corporation, at 7% if it is in any special grade or selection grade municipality, and at 6% in other areas. The duty is calculated on the Market Value of the property. (Art 47A of Schedule I-A)
An agreement to sell, under which possession of the property is not given is chargeable to stamp duty at 5% of the market value of the property uniformly. (Art 6(B) of Schedule I-A). |
| 5. |
What is the transfer duty payable on an agreement to sell where possession of the property is delivered? |
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The transfer duty is not payable on any agreement to sell, whether possession of the property is given or not.
As per the provisions of the local bodies Acts, the transfer duty is leviable only on sale, exchange, gift, mortgage with possession and lease in perpertuity of immovable property at 5% on the market value of the property uniformly. No other instrument attracts the transfer duty. |
| 6. |
Is there any concession in any form in the stamp duty payable on (I) sale deeds executed in pursuance of agreements of sale; (ii) sale deeds executed by an agent under G.P.A; and (iii) sale deeds executed in favour of persons nominated by an agreement – holder? |
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The stamp duty paid on agreements of sale can be adjusted towards stamp duty payable on sale deeds executed in pursuance of such agreements. This facility is also available in the case of sale deeds executed in favour of persons nominated by the agreement-holder.[Art 47A of Schedule-I (A)].
The stamp duty paid on general powers of attorney cannot be adjusted. |
| 7. |
Is there any provision for refund of the stamp duty paid on any agreement in the event of failure of the transaction? |
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There is no provision for refund of stamp duty in such cases. |
| 8. |
What is the stamp duty payable on general powers of attorney executed in A.P. in respect of the property situated in the other states? |
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In such cases stamp duty is payable at 5% on the value of the property as declared by the party in the document. |
| 9. |
Suppose a document is executed outside A.P. on a stamp of the value lesser than that required in A.P, is it valid in A.P.? |
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Yes. As soon as such a document is received in A.P., the difference of the stamp duty as is required to make up the deficiency (with reference to the rate in A.P.) should be paid under Section 19-A of the Stamp Act. Then the document is valid in A.P. |
| 10. |
Is any document executed outside the country on the stamp papers purchased in A.P. valid in A.P. and can it be presented for registration by an agent under a special power of attorney executed before and attested a notary? |
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Yes. Any document executed by a citizen of India residing out of India on the stamp papers purchased in A.P. is valid in A.P. It can be presented for registration by an agent under a special power of attorney executed abroad before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or a representative of the Central Government. The special power of attorney so executed attracts a stamp duty of Rs.20 on its presentation before Collector for validation in times of Section 18 of IS Act. |
| 11. |
What is to be done when stamps of required denomination are not available? |
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- Document can be got prepared on a white paper of durable quality and the requisite stamp duty can be paid in cash with the permission of the Collector under Section 10-A of the Stamp Act.
- The parties can present it to the Collector under Section 41, and pay the duty and get such payment endorsed on the instrument.
- The stamp duty can be paid by challan under the head of account " MH 0030 Stamps and Registration – 02 Stamps – Non- Judicial – 103 Duty on Impressing Stamps. "
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| 12. |
Suppose a document is executed on a white paper or is insufficiently stamped by oversight and one year elapsed. What is the disadvantage if proper duty is not paid? Is there any provision to pay the proper duty? |
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Any document, on which the requisite stamp duty is not paid, is not admissible in evidence. It is liable to be impounded by any public officer or court before whom it is produced or whenever it comes before them in the course of discharge of their duties. Every such document, after it is impounded, should be sent to the Collector for adjudication. The Collector is empowered to determine and collect the proper duty or the deficit duty, payable thereon along with a penalty not exceeding ten times the proper duty or the deficit duty, as the case may be. The Collector, on payment of the deficit duty and the penalty, adds a certificate to that effect on the original document. Only then the document will be received in evidence.
Courts are also empowered to adjudicate the documents but they have to levy a penalty of ten times the deficit duty whereas the Collector has discretion to levy penalty less than ten times, keeping in view the circumstances under which the document was deficitly stamped.
This procedure of adjudication is not applicable to the promissory notes and bills of exchange |
| 13. |
On some documents like sale deeds, gift deeds, etc., stamp duty is payable with reference to the market value of the property. The Department is preparing the guideline values. If the party feels that such guideline values are on higher side and is not willing to pay stamp duty on such market value, what is the alternative left to registering public? |
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Any person, who is not willing to pay stamp duty on the market value as suggested by the Registering Officer, can have his case referred to the Collector under Section 47-A of the I.S.Act, 1899 for determination of the market value and the proper duty payable thereon. For this purpose, such party is bound to deposit 50% of the deficit duty with reference to the market value as arrived at by the Registering Officer. The case will be referred to the Collector only after the amount has been deposited. This deposit will be either adjusted towards the deficit duty or refunded to the party, depending upon the orders of the Collector. Registration of the document will be kept pending till this process is over. The District Registrars are declared as collectors under section 47-A. |
| 14. |
Is Collector’s decision final with regard to the nature of the document and the stamp duty payable thereon? |
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Insofar as the orders of the Collector under Section 47-A are concerned, an appeal lies to the Sub-Court having jurisdiction over the area, within two months. However, the entire amount of the deficit duty as determined by the Collector has to be deposited before filing the appeal.
In all other cases appeal lies to the Chief Controlling Revenue Authority (Commissioner & I.G. of Registration & Stamps, 1-7-10,N.B.K. Estate,Mushirabad,Hyderabad-500 020.) under Section 56 of the Stamp Act. |
| 15. |
Some of the States like Maharashtra have prescribed concessional rates of stamp duty on sale deeds pertaining to apartments. What is the position in A.P.? |
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In the State of A.P. also, the following concessional rates of stamp duty have been prescribed for the sale deeds of apartments, under Article 47-A (d) of Schedule I-A to the Stamp Act. These rates are applicable to the apartments situated within the jurisdiction of the Urban Development Authorities of Visakhapatnam, Vijayawada-Guntur-Tenali, Hyderabad; and all Municipal Corporations and Municipalities. There is no concession in transfer duty and registration fee.
| Where the value does not exceed Rs.2,00,000 |
Rs.12,000 |
| Where it exceeds Rs.2 lakhs but does not exceed Rs.3.5 lakhs. |
Rs.12,000 + 4% on the value above . Rs.2 Lakhs |
| Where it exceeds Rs.3.5 lakhs but does not exceed Rs.7lakhs. |
Rs.18,000 + 6% on the value above Rs.3.5 lakhs |
| Where it exceeds Rs.7 lakhs |
Rs.39,000 + 8% on the value above Rs.7 lakhs. |
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| 16. |
Is there any provision for refund of stamps spoiled or misused? Who is competent to sanction such refund and what is the procedure? |
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Yes. The Sections 49, 50 52, 53 and 54 of the Stamp Act provide for refund of the spoiled or misused stamps; stamps used in excess of the value required; and stamps not required for use. The valid reasons for allowing refund of stamps are;
(a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person; |
(b) the stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto; |
(c) in the case of bills of exchange payable otherwise than on demand or promissory notes-
- the stamp on any such bill of exchange signed by or on behalf of the drawer which has not been accepted or made use of in any manner whatever or delivered out of his hands for any purpose other than by way of tender for acceptance; provided that the paper on which any such stamp is impressed does not bear any signature intended as or for the acceptance of any bill of exchange to be afterwards written thereon;
- the stamp on any promissory note signed by or on behalf of the maker which has not been made use of in any manner whatever or delivered out of his hands;
- the stamp used or intended to be used for any such bill of exchange or promissory note signed by, or on behalf of the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same being a bill of exchange may have been presented for acceptance or accepted or endorsed, or being promissory note, may have been delivered to the payee; provided that another completed and duly stamped bill of exchange, or promissory note is produced identical in every particular, except in the correction of such omission or error as aforesaid, with the spoiled bill, or note;
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(d)the stamp used for an instrument executed by any party thereto which –
- has been afterwards found to be absolutely void in law from the beginning;
- has been afterwards found unfit by reason of any error or mistake therein, for the purpose originally intended;
- by reason of the death of any person by whom it is necessary that it should be executed, without having executed the same, or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed;
- for want of the execution thereof by some material party, and his inability or refusal to sign the same, is in fact incomplete and insufficient for the purpose for which it was intended;
- by reason of the refusal of any person to act under the same, or to advance any money intended to be thereby secured, or by the refusal or non-acceptance of any office thereby granted, totally fails of the intended purpose;
- becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument between the same parties and bearing a stamp of not less value;
- is deficient in value and the transaction intended to be thereby effected has been effected by some other instrument between the same parties and bearing a stamp of not less value;
- is inadvertently and undesignedly spoiled and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped;
In twin-cities of Hyderabad and Secunderabad, the IG of Registration and Stamps and the AIG of stamps are the competent authorities to sanction for refund of stamps, whereas the Revenue Divisional Officers and Mandal Revenue Officer are competent elsewhere.
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| 17. |
Who has to pay stamp duty on various categories of documents? |
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Purchaser has to pay stamp duty on sale deeds. In the case of exchanges, both the parties have to pay duty in equal shares. In leases 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 is generally payable by the executant of the document. |
| 18. |
What are the categories of stamps available and how they are to be used? |
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Broadly they are of two categories viz; Judicial stamps and Non-Judicial stamps. The Judicial stamps are used for payment of court fees on suits filed in courts. The Non-judicial stamps are used for the payment of duty on various kinds of documents
Judicial stamps papers are available in the denominations of Rs.100, 500, 1000, 5000 and 25000. Court fee lables are available from Re 1/-, Rs 2/-, Rs 4/-, Rs 5/-, Rs 10/-.
Again Non-judicial stamps are of two types, namely, impressed stamps and adhesive stamps.
Impressed stamps (Stamp papers) are available in the denominations of Rs.10, 20, 50, 100, 500, 1000. 5000, 10000, 15000, 20000 and Rs.25000, whereas the adhesive stamps are in the denominations of 50 paise to Rs.5000.
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| 19. |
Where the different kinds of stamps are available? |
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The stamps of different kinds are available in all the Government Treasuries and Sub-Treasuries and in the stamp sale counters attached to the Sub-Registrar’s Offices.
Non-judicial and judicial stamp papers are sold by the licensed stamp vendors also. However, these vendors are not authorised to sell adhesive stamps, Insurance Stamps and Revenue Stamps. Revenue Stamps are sold in all Post-Offices.
All collectors, Sub-Treasury Officers, Sub-Registrars, and Branch Managers of Nationalised/Scheduled Banks, Grameena Banks and Co-op.Credit Banks are porper officers to affix adhesive stamps before the documents are signed or executed.
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| 20. |
Is there any periodical revision of market values and how to know the present market value of a given property? |
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Yes, the market values are revised periodically – once in every year from the first of August in urban areas and once in two years from the first of April in rural areas.
Market Value Assistance is available in all the computerised Sub-Registrar Offices. The present market value of any property can be obtained within ten minutes in all those offices. Even in non-computerised offices also, the information can be obtained from the Sub-Registrar |
| 21. |
Is inspection of the property compulsory by the registering officer before registration? |
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No, it is dispensed with from 1-2-1999.
However, a ll officers of the Registration Department are authorised to conduct post-facto inspection of properties, i.e., they will inspect the properties after registration of the documents. They collect the deficit stamp duty if any suppression of the details of the property is detected. Prosecution will be launched against the parties who intends to defraud the Government by suppression of facts. They are liable to pay a penalty of Rs.5,000 besides the deficit duty. |