G.O.Ms.No.79, Revision of Stamp Duty and Registration Fee Ceilings, 2011
The Commercial Taxes and Registration (J1) Department, by G.O.Ms.No.79 dated 11 July 2011, amended earlier notifications and the Table of Fees to revise stamp duty and registration fee ceilings for agreements relating to deposit of title deeds, lease deeds and powers of attorney authorising the sale of immovable property. The revised ceilings and fees took effect on 12 July 2011.
What the government changed
G.O.Ms.No.79 of the Commercial Taxes and Registration (J1) Department revises the maximum stamp duty or registration fee applicable to specified documents. The changes apply from 12 July 2011 and amend earlier notifications and the Table of Fees under the Registration Act, 1908.
The Inspector General of Registration instructed registration officials to inform registrants and implement the revised amounts from that date.
Agreements relating to deposit of title deeds
For an agreement relating to deposit of title deeds described under Article 6(1)(a) of the Indian Stamp Act, 1899:
- The maximum stamp duty was increased from Rs.5,000 to Rs.25,000.
- The maximum registration fee was increased from Rs.1,000 to Rs.5,000.
These are revised upper limits for the specified instrument.
Powers of attorney for property sales
For registration of a power of attorney authorising the attorney to sell immovable property:
- The registration fee is Rs.1,000 when the power is given to a family member as defined in Article 58 of Schedule I to the Indian Stamp Act, 1899.
- The registration fee is Rs.10,000 when the power is given to someone other than a family member.
- The registration fee for other powers of attorney remains Rs.50.
The family relationship and the authority granted by the document therefore determine which registration fee applies.
Lease deeds
For lease deeds, the maximum registration fee was increased from Rs.5,000 to Rs.20,000. The amendment changes the upper ceiling in the applicable Table of Fees.
Who may be affected
G.O.Ms.No.79 may affect people registering an agreement relating to deposit of title deeds, a lease deed, or a power of attorney that permits another person to sell immovable property. Property owners and buyers using a power of attorney should check whether the attorney is a family member under the definition referred to in the notification, because the registration fee differs for family members and other persons.
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Common questions
What is the maximum stamp duty for an agreement relating to deposit of title deeds?
The maximum stamp duty is Rs.25,000 for an agreement described under Article 6(1)(a) of the Indian Stamp Act, 1899.
What is the registration fee for a power of attorney given to a family member to sell property?
The registration fee is Rs.1,000 when the power of attorney authorising sale of immovable property is given to a family member as defined in Article 58 of Schedule I to the Indian Stamp Act, 1899.
What fee applies if the power of attorney to sell property is given to someone outside the family?
The registration fee is Rs.10,000 when the power is given to a person other than a family member.
When did the revised ceilings and fees take effect?
The amendments took effect on 12 July 2011.
