stamp duty and registration


I want to know whether Stamp Duty and Registration charges are to be paid by the Licensor /Licensee on renewal of Leave and License Agreement for the property in mumbai, under which Act, please mention.It is urgent, for your advise.

 

Regards,

 

( Sarita Shivaraman)

 
Reply   
 
Lawyer

Forum Moderator

Dear friend, Normally the stamp duty is paid by the Licensee. The stamp act and the registration act would only prescribe the duty and fee payable. It would not specify as to who the payee is. This is purely contractual between the parties.
 
Reply   
 


n/a

Mr. Prakash My question is if the leave and License Agreement is expired, on renewal whether we need to go for payment of Stamp Duty and Registration again. For your advise. ( Sarita Shivaraman )
 
Reply   
 

On Renewal of Leave and License Agreement, whether we need to pay stamp duty and Registration charges. For your advise. ( Sarita Shivaraman )
 
Reply   
 
n/a

Every leave and license agreement requires registration under the Maharashtra Rent Control Act and it attracts stamp duty as per Article 36A of the Bombay Stamp Act, 1958 In Mumbai the Present trend is to share equally the stamp duty and registration charges by the Licensor and the Licensee.
 
Reply   
 

Dear Friend,
Registeration fee is payable by the licensee usually. under the Registeration Act OF 1908 and stamp duty under Bombay Stamp Act.

If it is agreed in the agreement between the Licensor and Licensee then it has to be payed as per the agreed terms in the agreement.
Regard,
Rhishi.
 
Reply   
 
Advocate

as bombay rent control act, if the stamp duty is not paid, the licensor would be held liable for the same.
On renewal, we need to pay the stamp duty and reg. chargges again.
 
Reply   
 
n/a

I also want to know if we renew the Leave and License Agreement on the same terms, whether the agreement can be incoporated on Rs.200/- stamp paper and get it signed by the Licensor and the Licensee. Is it valid. ( Sarita Shivaraman )
 
Reply   
 
Advocates

Sir
Who will pay the stamp duty can be agreed upon by the parties but in case there is no such agreement , the duty (in your case) is payable by the person drawing, making, executing the insrtument. It is regulated by Section 29 of the Indian Stamp Act, 1899 . It is matter of State List so provisions in Your State may be diferent but I may assume that this provision is same all over India.
 
Reply   
 
n/a

 


Sir,


My  question is that 'we have agreed to purchase one plot of land including construction thereon in the year 1995 from one person, and paid the amount of full and final consideration without paying the necessary stamp duty. However, as the said plot could not got transferred in our name, and  at the same time, one third person shown his inteest in purchasing the said plot, we have entered into one MOU with the third person mentioning that he has to enter into an Agreement for Sale/Conveyance with the Original Owner of the plot and we will appear as the  confirming party. The said third person paid also paid entire amount to us, however did not come again to enter into any instrument. Now, we have come to know that the said person has made fake documents in respect of the said plot without disclosing our interference and directly purchased the said plot from the original owner, by putting one fake lady as the owner and goit registered and kept the said property as the mortgage with  8 Banks. What would be our stand regarding  non-payment of stamp duty on the AGreement with the Original owner in the year 1995. Shall we pay the stamp duty and get the possession and ownership of the said plot or not?


 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

Join the MasterClass     |    x