25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

anu   19 August 2022

Regarding payment of stamp duty and reg fee on Supplementary lease deed

Sirs,
Do we have to pay stamp duty on supplementary lease deed.Kind suggestions required please.

Thanks


Learning

 5 Replies

Dr J C Vashista (Advocate)     20 August 2022

What do you mean from the term "supplimentary lease deed" ? It has to be a "fresh" lease deed, please recheck.

Lease deed has to be stamped afresh.

manoj   20 August 2022

your query is not clear

V E Manoj Kumar
High Court Advocate
Cell No. 8686159292

Anusha Sharma   21 August 2022

If the lease is made for a term which is between 1 – 5 years then the stamp duty payable will be 1.50% of the average annual rent reserved.

If the lease is made for a term which is between 1 – 10 years then the stamp duty payable will be 3% of the average annual rent reserved.

If the lease is made for a term which is between Lease deed 1 – 15 years then the stamp duty payable will be 6% of the average annual rent reserved.

anu   21 August 2022

My query is regarding a lease deed for 95 years between Government and a private party.If a private party A has entered into lease with the Government for 95 years to run an industrial unit and after 2 years of the start of lease the private party A has transferred the lease hold rights (balance 93 years ) to private party B(with the approval of Govt.)
Now ,the Private party B wants to enter into the lease for 93 years (balance period of 95 years ) with the Government and the Government has asked for execution of supplementary lease deed for the same.
Does the Party B need to pay stamp duty again in this case ?Already stamp duty paid by party A during execution of initial lease deed

Dr J C Vashista (Advocate)     21 August 2022

No further stamp duty is required to be paid for balance of 93 out of 95 years lease deed executed by A on transfer of title (ownership) in favour of B, wherein it has to be mentioned in the sale deed that the property is under leave and licence registered Lease Deed document No_____Book___ Volume_____ page_____ date____ with Sub-Registrar______(original document is kept with_____i.e., A or Government) .and Government shall be holding physical possession till_____in terms of aforesaid L & L.

Lessee (Government) permission is not required for the sale of leased property, however, lessee is required to be intimated, in writing qua transfer of title (ownership) in favour of B vide sale deed document No____

However, a separate agreement has to be executed between B and Government consenting terms and conditions of the Lease Deed executed by A, which is already in vogue.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query