Maharashtra stamp duty amnesty scheme
Querist :
Anonymous
(Querist) 30 January 2024
This query is : Resolved
Maharashtra govt has initiated stamp duty amnesty scheme 2023 ( Mudrank shulk Abhay yojna )for documents registered but paid less stamp duty and have got demand notice or not even registered from 1/1/80 to 31/12/2000 , to pay stamp duty and regularise documents
I am having relinquishment deed for immovable property, in which my 3 uncle have relinquished their rights in favour of my father, all are co owners in property and also real brothers
My relinquishment deed is on Rs 100 stamp paper and notorized dated August 1998 . I applied on 25/1/24 for adjudication/ regularising of notorized relinquishment deed
I got it done today without paying any extra stamp duty, as they said in 1998, stamp duty for registration of relinquishment deed between blood relation was Rs 100 fixed, and my notorized relinquishment deed was already done on Rs 100 stamp paper, they certified my relinquished deed by putting their seal
( Seal of collector of stamps)
Now , I want to know relinquishment deed which is notorised and certified by collector stamps will be equal to registered Relinquishment deed?
T. Kalaiselvan, Advocate
(Expert) 31 January 2024
Once the authority have waived of the stamp duty payable then there may not be a necessity to pay anymore stamp duty, however you may get the deed registered by paying the nominal registration charges of Rs. 200/- so that you will have a registered sale deed on your name in order to have a clear and marketable title on your name
kavksatyanarayana
(Expert) 31 January 2024
As the Collector under the IS Act certified the document under the scheme it is sufficient. The relinquishment deed is in your father's name, he is the owner of the property but not you.
P. Venu
(Expert) 31 January 2024
The facts posted are less than convincing. The amnesty scheme applies to documents which are duly executed and registered, not to those signed before notary.
"They said" Who are "they"? Are "they" the authorities in the Registration Department?
Querist :
Anonymous
(Querist) 31 January 2024
Maharashtra govt has declared the amnesty scheme for unregistered instruments also, documents should be on stamp paper, it may be registered or not registered
T. Kalaiselvan, Advocate
(Expert) 31 January 2024
You were advised to proceed on the basis of the documents held in your possession to seek a permanent solution.
Now you have not taken any decision yet.
Querist :
Anonymous
(Querist) 01 February 2024
I got it done , relinquishment deed has been certified by collector of stamps
Thanks for your advice
Querist :
Anonymous
(Querist) 01 February 2024
I got it done , relinquishment deed has been certified by collector of stamps
I met sub registrar, he said , this deed can't be registered now , but it is as good as registered Relinquishment deed only as it clear title and mutation can be done through this deed
Thanks for your help and advice
kavksatyanarayana
(Expert) 01 February 2024
You are welcome....................................................
P. Venu
(Expert) 02 February 2024
"...................... but it is as good as registered Relinquishment deed only as it clear title and mutation can be done through this deed .................."
However, the real question is, whether this document, once the amnesty has been granted would qualify to be a registered document for all purposes esp. in terms of Section 49(c) of the Registration Act.
"49. Effect of non-registration of documents required to be registered.—
No document required by section 17 or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall—
(a) affect any immovable property comprised therein, or
(b) confer any power to adopt, or
(c) be received as evidence of any transaction affecting such property or conferring such power,
unless it has been registered:
Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877) as evidence of any collateral transaction not required to be effected by registered instrument."
Querist :
Anonymous
(Querist) 02 February 2024
Sub registrar told me, since stamp duty is duly paid and certified by collector of stamps, this is valid document for mutation
Registeration will not be done and not required
P. Venu
(Expert) 02 February 2024
Mutation in Revenue or Municipal records does not create or destroy or otherwise alter subsisting right title or interest in immovable property. Such records are primarily kept for fiscal purposes.
Querist :
Anonymous
(Querist) 02 February 2024
Please advise me how to get this duly stamped deed, registered?
P. Venu
(Expert) 02 February 2024
Admittedly, the alleged relinquishment deed executed by your uncles in favour your father. How come you are in possession of the deed? Who is in possession of the property? Are your father as well as uncles alive? If not, who are their legal heirs?
The posting, if not a riddle, suggests deeper issues. If so, post complete facts.
Querist :
Anonymous
(Querist) 04 February 2024
Relinquishment deed is with my father, property is in my father's possession and I am staying with my father in that property since last 50 years ( from beginning)
Only plot was in my grandfather's name, so my father constructed house on that plot from his own funds in1990 , it is clearly written on Relinquishment deed, as per family arrangement plot was given to my father in 1982 , but written relinquished deed was executed before notary in 1998
For which I /my father availed Amnesty scheme and got the relinquishment deed certified by collector of stamps at sub registrar office
Collector of stamps and sub registrar both said Registration is not possible now and not required, this will work as registered document
Please advise
Please advise me
T. Kalaiselvan, Advocate
(Expert) 09 February 2024
Until and unless a document is registered by the registration department after paying the registration charges, it will not reflect in the encumbrance certificate.
However you may get a written confirmation from the sub registrar stating that registration is not necessary for this document in order to be safe in future about this
