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Circular Regarding Stamp Duty on Agreement

Office of The Registrar of Cooperative Societies 
Govt. of NCT of Delhi
Tis Hazari Court, Delhi-110054

Are You Aware That ‘Agreement to Sale’ is Now Required to be Registered

It is brought to the notice of the general public that the Government of India vide a Gazette Notification No,56 dated 24th September,2001 published in the Gazette of India, Extraordinary, Part-II, Section-1, has Effected – following amendments :

1. Amendment of Section 53(A) of transfer of Property Act, deleting words to ‘the contract through required to be registered has not been registered’. 

2. Introduction of section 17(1) (A) in the Indian Registration Act making contracts to transfer for consideration of any immovable property in the nature of section 53 (A) of the Transfer of Property Act including agreement to sell compulsorily registerable. 

3. Addition of new article namely article 23(A) of India Stamp Act 1899. ‘ conveyance in the nature of part performance chargeable to 90% of the duly payable as a conveyance’. 

With the introduction of these amendments, the document contained contracts to transfer for consideration, any immovable property including agreement to sell for the purpose of Section 53A of the Transfer of Property Act,1882, are required to be registered if they have been executed on or after 24th September,2001.

The stamp duty to the extent of 90% of the duty as a conveyance payable on the consideration set forth in the document shall be payable on such instrument and the rest of the 10% of the duty shall be payable at the time of completion of document.

It would be in the interest of executants to secure their rights of the properties, by registering such documents. Non-registration of such instruments may render these documents inadmissible in evidence in any office or court for filling any suit or claim. We request the executants of such instruments to refer to the notification No. 56 dated 24th September for further clarification.

Inspector General of Registration
Delhi

Last Updated Date :- 01-04-2019

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  • Page last updated on: 22-09-2021