Stamp duty

deivanayagam t (Querist) 21 April 2026 This query is : Resolved
Does the agreement relating to deposit of title deeds attract stamp duty and compulsory registration in Goa? if so, what is the stamp duty?

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In Goa, an equitable mortgage created by depositing title deeds does not typically attract stamp duty or require compulsory registration under the Transfer of Property Act. While registration isn't mandatory for this type of mortgage, banks often request it for enforceability, especially if a Memorandum of Deposit of Title Deeds (MODT) outlines specific terms. A registered mortgage deed is different and does incur stamp duty, whereas a 0.5% stamp duty may apply if registration of the MODT is insisted upon by a lender.

T. Kalaiselvan, Advocate (Expert) 21 April 2026
In Goa state there is no stamp duty payable for Equitable mortgage (mere deposit of title deeds) or Memorandum recording such deposit (MODT)
Under Transfer of Property Act, 1882, a mortgage by deposit of title deeds does not require registration. This is because it is created by act of deposit and not by instrument.
However Banks usually insist on registration of MODT for enforceability, even if not strictly mandatory especially if Memorandum itself creating mortgage terms/rights, for ther purpose of enforcing it.
Do not confuse with a registered mortgage deed and deposit of title deed for the purpose of equitable mortgage. The stamp duty is applicable for the former.

kavksatyanarayana (Expert) 26 April 2026
It does not require registration and if the bank or the lender insists registration then it requires stamp duty of 0.5% on value of mortgage.

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