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Stamp duty and registration fee

(Querist) 11 June 2008 This query is : Resolved 
My friend is entering in to a lease agreement for commercial purpose for a period of five years, on a monthly rent of Rs30,000/-.And futher my friend agreed to enhance the rent by 6% on expiry of every two years during existance of first initial five years period.
when my friend approached registration office of Nampally, Hyderabad to find out what will be the stamp duty and registration fee for registering the lease agreement one of the officer informed him that the total stamp duty and registration for said lease agreement comes to Rs 18,000/- and above, without expalining how he arrived at such calculation.
Can any body help my friend by answering him how to calculate and what will be the proper stamp duty and registration fee in A.P for the aforesaid lease agreement with suitable case law if any, it is urgent tomarrow he is going for registration most probably.
amit gupta_lawyer (Expert) 11 June 2008
ur amount of stamp duty would be after calculation is 360000 / 1000=360 * 50 = 18000.
stamp duty chart for lease in A.P:-

Conveyance


(a) where the amount of value of the consideration for such conveyance as set forth herein (or the market value of the property which is the subject-matter of the onveyance whichever is higher] does not exceed Rs. 50;
Two rupees fifty paise.

(b) where it exceeds Rs. 50, but does not exceed Rs. 1,000;
Five rupees for every one hundred rupees or part thereof.

(c) where It exceeds Rs. 1,000
The same duty as under Clause (b) for the first Rs. 1000 and for every Rs. 500 or part thereof in excess of Rs. 1,000 twenty-five rupees.

lease:-

(i) where the lease purports to be for a term of less than one year.


The same duty as Bottomry Bond for the amount or value of the average annual rent reserved.

(ii) where the lease purports

to be for a term of not less

than one year, but not

more than five years;
The same duty as a conveyance for a consideration or market value equal to the amount or value of the average annual rent reserved.

(iii) where the lease purports to be for a term exceeding five years, but not exceeding ten years;




The same duty as a conveyance for a consideration or market value equal to twice the amount or value of the average annual rent reserved.

(iv) where the lease purports to be for a term exceeding ten years, but not exceeding twenty years;
The same duty as a Conveyance for a consideration or market value equal to three times the Amount or value of the average annual rent reserved.

(v) where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years;
The same duty as a Conveyance for a consideration or market value equal to four times the Amount or value of the average annual rent reserved

(vi) where the lease purports to be for a term exceeding thirty years, but not exceeding one hundred years;








The same duty as a Conveyance for a consideration or market value equal to one-sixth of the whole amount of rents which would by paid or delivered in respect of the first fifty years of the lease.

(vii) where the lease purports to be for a term exceeding one hundred years or in perpetuity;
The same duty as a Conveyance for a consideration or market value equal to three times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long.

(c) where the lease is granted for a line or premium or for money advanced in addition to rent reserved;


Consideration or market value equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered:

Provided that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed five rupees.

Gururja Rao (Querist) 11 June 2008
Thank u very much Mr.Amit Guptaji.
Hiralal Das (Expert) 06 April 2009
Thanks all of you.
I do agree with views and/or valuable opinions of our ld. members/friends.


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