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Stamping & Registration

(Querist) 17 August 2009 This query is : Resolved 
An agreement for sale of immovable property was entered & signed on 31st March,2009 with the necessary stamp duty paid thereon.

What is the time limit to get the agreement registered? Is there any relation between stamping & registration of agreement?
Please guide.
A V Vishal (Expert) 17 August 2009
Yes

There is a difference between stamping and registration. The maximum period in which you should register the document is 4 months. however for delay in registration of the document penalty will be levied based on the period of delay.
Advocate SK Rohilla New Delhi (Expert) 17 August 2009
Stamping is duty charged upon an instrument and governed under Indian Stamp Act on the another hand, registration is ascertainment of right and interest.

An instrument is required to be registered within 04 months of its execution failing which upto 10 times of registration charge may be imposed by registering authority.
kranthi kiran (Expert) 17 August 2009
Registration of an agreement is not mandatory. But it has to be executed on a proper stamp paper of required stamp duty.Ascertain the corrosponding stamp duty values from the Registration Dept of your state.If you want it to register you can do it so by paying the required stamp duty and registration charges. If the possession is delivered in the above agreement, it will attract the stamp duty payable on the sale deed. The Registration charges and stamp duty charges are different. Trasfer of Property act,enumerates the documents which require compulsory registration. Stamp Act deals with the stamp duty payable on the instruments
AMIT KARIA (Querist) 17 August 2009
Details are as follows:

DEED OF TRANSFER OF IMMOVABLE PROPERTY
Stamp Duty paid on 26/03/2009
Agreement sugned on 31/03/2009,
Franking Value - 2,03,89,635 / -

If it is submitted for registration on 20/08/2009, what would be the approx. penalty? I assume that registration is complusory

Plz guide...
A V Vishal (Expert) 17 August 2009
d) When the delay exceeds two months but does not exceed four months: A fine equal to ten times the registration fee.

ii) The fine shall be levied in addition to the proper registration fee.


AMIT KARIA (Querist) 17 August 2009
Sir, what will be the consequences if the dealy touches or exceeds four months?
Please guide
A V Vishal (Expert) 18 August 2009
The Registrar may condone delay by levying the maximum penalty viz 10 times or may refuse to register the document.


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