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ars (cs)     19 May 2021

Gap between stamp duty payment and registration

After payment if stamp duty,  two months back, the registration if flat agreement is pecnding  due to COVID-19 issue.

Please let me know rules regarding the maximum time gap between stamp duty payment and its registration in Mumbai. 

Further, can the registration date be mentioned as the date of agreement or the date of stamp duty payment is the date of agreement?


 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     19 May 2021

At present situation, you do not mention the date of execution of the document.  If you put date of execution it is the time to present the document is 120 days and with 10 times penality another 120 days. After that it is unvalid to register.  You have done payment of stamp duty, keep it with you.  If the period of 120 days is completed, you can submit an application stating the reasons for the delay to the District Registrar of the District.  He shall give orders of validating the Challan/payment receipt.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 May 2021

In Maharashtra,  the validity of the stamp paper is restricted for a period of 6 months and if the stamp paper is used thereafter, it is assumed that the document is executed on ordinary paper without a stamp,however, Covid 19 lockdown being the Government imposed lockdown,therefore,that lockdown period will generally be  deducted while calculating that period of six months.

Sankaranarayanan (Advocate)     20 May 2021

i do endorse with experts answer

ars (cs)     21 May 2021

In view of above replies, I understand that 120 days is the maximum limit without penlaty for registering documents after payment of stamp duty. 

please revert if that is wrong.

also can you please help  in advising that if the documents are dated as of the  registering date instead of the date on which stamp duty paid, which is few days / months prior to registration, then for all purpose which  date will be recognised - the stamp duty payment date or  the  registration  date.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     21 May 2021

I have already given my reply in this regard which you possibly are unwilling to accept and that's your decision so I can't say anything in that regard.Please take note that the Date of Registration is considered as the date of Agreement .

ars (cs)     21 May 2021

It seems there is some misunderstanding.  I sincerely value your opinion.

I will elaborate the query to clear out the misunderstanding.

In a genuine case of a deal of a  flat , the parties handed over the matter of preparation of agreement, payment of stamp duty and registration thereof to an agent. Who arranged for stamp duty payment and parties signed simultaneously,  but due to  the prevailing conditions under Covid-19 registration couldn't be done at that time. After a gap of few days, when situation normalised, they could visit the registrar and completed the formalities of  registration. The agent dated the document as of registration date. ( and not the actual signature date)

 Now the question is which date should be considered as the date of agreement ? the date when the stamp duty paid and agreement was signed by the parties or the date of registration ?( by error the agent filled in  date of agreement as of the date of  registration, though it was signed much earlier.) 

The seller is facing big issue for capital gain tax, as another flat was purchased by him under a year back from the above referred  date of stamp duty payment and over a year from the date of registration. If the date of registration is considered as the date of sale of the first mentioned flat, he  will not get benefit of long term capital gain, as the deal  was not executed in a statutory period of one year. ( But if date of stamp duty and signature is considered then the deal is within a year's time).

You may please advise / comment on above.

Once again, Sorry for miscommunication and thanking you for above replies. 

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     21 May 2021

The execution date is the date when the parties signed that  Sale Agreement but the effective date is the date of registration of that Sale agreement. Regarding Stamp Duty issue, there must be some non judicial Stamp paper used in that Agreement,in respect whereof I had given reply through my earlier comment and regarding  the remaining part of payment of Stamp Duty,the Ld Expert  who gave the first reply herein already had specified about that 120 days time etc,fine provision etc.  

kavksatyanarayana (subregistrar/supdt.(retired))     21 May 2021

The date of Execution of the Document is criteria.  But sometimes, the document may be executed on 01-01-2021 and one of the executants signed the document with a date of 09-01-2021.  Then it shall be taken as 09-01-2021.  From dt.09-01-2021, the document shall be presented within 120 days as per Sec.25 of Registration Act.  If presented after 4 months, there is a time of another 120 days with penalty as per Sec.25 of Registration Act read with Registration Rule 38.  A

ars (cs)     22 May 2021

Thank you all for your valuable opinions.

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