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Q.

What is the Stamp Duty on Lease Deed in Maharashtra?

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When my cousin signed a lease in Maharashtra, he stated that he understood the importance of stamp duty in ensuring the document's legality. On the phone, he asked me about the stamp duty on lease deed in Maharashtra. I said your lease duration and the property's market value determine the amount you must pay.

What is the Stamp Duty on Lease Transactions in Maharashtra?

In Maharashtra, stamp duty on lease is uniformly charged at 0.25 % of the total rent for the entire duration of the agreement, regardless of whether the property is residential or commercial, and applicable across all cities in the state.

  • This rate also applies to any non-refundable deposit, with stamp duty levied at the same 0.25 % rate. 

  • For refundable deposits, the law prescribes that a notional annual interest of 10% is imputed. Stamp duty is then calculated at 0.25 % on this imputed interest amount for each year of the lease term.

Additionally, under Section 17 of the Registration Act and Section 55 of the Maharashtra Rent Control Act, 1999, lease agreements exceeding one year must be registered. Non-registration risks a penalty of up to Rs 5,000 and possible imprisonment for up to three months.

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The Maharashtra Stamp Act, 1958, governs stamp duty on lease deeds in Maharashtra. It is a mandatory tax levied on agreements, ensuring legal validity and enforceability of the lease. The stamp duty on lease deed in Maharashtra starts at 0.25 per cent of the total rent for the period. I have shared the charges based on the lease duration below.

What is the Stamp Duty for Lease Agreement in Maharashtra?

The amount of stamp duty depends on factors like the lease tenure, annual rent, deposit amount, and lease type (residential, commercial, or industrial). As per the Maharashtra Stamp Act, stamp duty on lease agreements is based on the lease term.

  1. Lease up to 5 years: 0.25% of the total rent payable

  2. Lease between 5 to 10 years: 0.50% of the total rent payable

  3. Lease between 10 to 29 years: 1% of the total rent payable

  4. Lease of 30 years or more (including perpetual lease): 2% of the total rent

Also, security deposits paid by the tenant to the landlord may also attract stamp duty at 0.25% of the deposit amount. I hope you found this helpful.

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