G.O.Ms.No.104, Revision of Maximum Ceiling Limit of Stamp Duty and Registration Fee for Agreements Relating to Deposit of Title Deeds, 2018
The Commercial Taxes and Registration (J1) Department issued G.O.Ms.No.104 on 13 August 2018, amending earlier notifications to revise the maximum charges for registering agreements relating to deposit of title deeds. From 14 August 2018, the maximum stamp duty is Rs.30,000 and the maximum registration fee is Rs.6,000, whether the loan repayment period is within three months or beyond three months.
What the government order changes
G.O.Ms.No.104 of the Commercial Taxes and Registration (J1) Department revises the maximum stamp duty and registration fee for agreements relating to deposit of title deeds. These agreements are used when original property title deeds are deposited with a bank to secure a loan.
The revised ceilings apply from 14 August 2018. The amendments were directed to be published in an extraordinary issue of the Tamil Nadu Government Gazette dated 14 August 2018.
Who may be affected
G.O.Ms.No.104 may affect property owners and borrowers who deposit original title deeds with a bank as security for a loan and register the related agreement. It is also relevant to banks, document writers, registration professionals and others handling these instruments.
The repayment period does not change the applicable maximum ceilings. The same limits cover:
- Loans repayable within three months.
- Loans repayable beyond three months.
Maximum ceilings
For an agreement relating to deposit of title deeds covered by the amendments, the government fixed:
- Maximum stamp duty of Rs.30,000.
- Maximum registration fee of Rs.6,000.
These amounts are stated as maximum ceiling limits. The document does not state that every agreement must necessarily be charged the full ceiling amount.
Earlier position and amendments
G.O.Ms.No.104 records that G.O.Ms.No.47 of the Commercial Taxes Department, dated 12 February 2004, had fixed maximum stamp duty of Rs.5,000 and a registration fee of Rs.1,000 for instruments where the repayment period was beyond three months. G.O.Ms.No.79 of the Commercial Taxes and Registration Department, dated 11 July 2011, later revised those ceilings to Rs.25,000 and Rs.5,000 respectively.
The 2018 amendments:
- Replace the Rs.25,000 stamp duty ceiling with Rs.30,000.
- Replace the Rs.5,000 registration fee ceiling with Rs.6,000.
- Extend the amended notification wording to include agreements for loans repayable within three months as well as those repayable beyond three months.
The stamp duty amendment was made under the Indian Stamp Act, 1899. The registration fee amendment was made under the Registration Act, 1908.
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 an agreement depositing title deeds with a bank?
From 14 August 2018, the maximum stamp duty stated in G.O.Ms.No.104 is Rs.30,000.
What is the maximum registration fee under G.O.Ms.No.104?
The maximum registration fee is Rs.6,000 from 14 August 2018.
Do different ceilings apply if the loan is repaid within three months?
No. G.O.Ms.No.104 applies the same maximum stamp duty and registration fee whether repayment is within three months or beyond three months.
Does every deposit of title deeds agreement automatically cost Rs.36,000?
The document describes Rs.30,000 and Rs.6,000 as maximum ceiling limits for stamp duty and registration fee. It does not state that every agreement must be charged both full ceiling amounts.