G.O.Ms.No.125, Reduction of Stamp Duty and Revision of Registration Fee Ceilings, 2013
G.O.Ms.No.125, dated 30 September 2013, was issued by the Commercial Taxes and Registration (J1) Department, Government of Tamil Nadu. It replaces the earlier registration fee ceiling for specified family instruments and fixes maximum stamp duty of Rs.25,000 and maximum registration fee of Rs.4,000 for partition, dissolution of partnership, release and settlement instruments among family members.
What the government changed
G.O.Ms.No.125, dated 30 September 2013, was issued by the Commercial Taxes and Registration (J1) Department after considering proposals from the Inspector General of Registration. The department revised the financial ceilings applicable to specified instruments among family members.
The earlier government notification had fixed a maximum registration fee of Rs.2,000 for partition, dissolution of partnership, release and settlement instruments among family members. G.O.Ms.No.125 increases that ceiling to Rs.4,000.
The Indian Stamp (Tamil Nadu Amendment) Act, 2012, published as Tamil Nadu Act 18 of 2013, had removed the earlier maximum stamp duty ceiling of Rs.10,000 for these instruments. G.O.Ms.No.125 reduces the duty otherwise chargeable and fixes new maximum amounts.
Maximum stamp duty
The notification appended to G.O.Ms.No.125 sets the following limits where the duty otherwise chargeable exceeds the stated amount:
- Partition instrument, maximum Rs.25,000 per share.
- Dissolution of partnership instrument, maximum Rs.25,000 per share.
- Release instrument, maximum Rs.25,000.
- Settlement instrument, maximum Rs.25,000.
The descriptions of these instruments are tied to the relevant entries in Schedule I to the Indian Stamp Act, 1899.
Registration fee ceiling
G.O.Ms.No.125 revises the maximum registration fee from Rs.2,000 to Rs.4,000 for partition, dissolution of partnership, release and settlement instruments among family members. The stated amount is a ceiling, not a general statement that every listed document will necessarily attract Rs.4,000.
Who may be affected
G.O.Ms.No.125 is relevant to family members executing and registering a partition, partnership dissolution, release or settlement instrument in Tamil Nadu. Property owners, family members, partners and professionals preparing these documents should check whether the instrument falls within the description covered by the notification.
The Government directed that the appended notifications be published in an extraordinary issue of the Tamil Nadu Government Gazette dated 30 September 2013.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
What is the maximum stamp duty for a family partition instrument?
The maximum is Rs.25,000 per share where the stamp duty otherwise chargeable exceeds that amount.
What is the revised maximum registration fee for the listed family instruments?
G.O.Ms.No.125 revises the maximum registration fee from Rs.2,000 to Rs.4,000 for partition, dissolution of partnership, release and settlement instruments among family members.
Is the Rs.25,000 stamp duty ceiling calculated per share for every listed instrument?
No. The notification states Rs.25,000 per share for partition and dissolution of partnership instruments. It states Rs.25,000 for release and settlement instruments.
When was G.O.Ms.No.125 issued?
The Commercial Taxes and Registration (J1) Department issued G.O.Ms.No.125 on 30 September 2013 and directed publication of the notifications in an extraordinary Tamil Nadu Government Gazette dated the same day.
