Stamp Duty On Rebuilt Projects: Bombay High Court Chooses Amicus Curiae

According to a proposal from the Maharashtra Department of Registration & Stamps, the stamp duty on rebuilt projects will be reduced to up to Rs 1,000 per unit. Homeowners would save more than Rs 1 lakh thanks to this decision. But the Bombay High Court’s latest involvement has called into question the verdict. Let’s examine what homeowners can expect in the future.


Are you searching for new projects in malad?


 

Once the Bombay High Court received a request from the Maharashtra Department of Registration & Stamps, its designated lawyer Samit Shukla, a partner at the company DSK Legal, as an Amicus Curiae for the case. As it relates to the stamp duty that must be paid on renovated projects. The judgement has a significant impact on many redevelopment projects throughout the State, particularly in Bombay.

 

What caused the State to “reduce the stamp duty” on projects that were redeveloped?

Every resident who purchased a unit in the refurbished building up until this point was required to pay Rs 1 lakh for stamp duty on a 2 BHK apartment. This quantity was even higher in some areas. The National Real Estate Development Council noted that this quadrupled the stamp duty burden on property owners (NAREDCO). The developer typically has to pay stamp duty on the redevelopment agreement depending on the price of building the rehabilitation component. The rent for residents’ temporary housing, the cost of finding that housing. And the cost of granting the use of Transfer of Development Rights (TDR). Another agreement is formed between the builder, the society. As well as the members once the refurbishes project is turn back over to the original residents. Which would once again be subject to stamp duty.

As a result, the government decided that stamp duty will be assesses on the refurbishes structures. In accordance with Section 4 of the Maharashtra Stamp Act, ranging from Rs 100 to Rs 1,000 per unit. Also, the developer or organisation would need to present one Permanent Alternative Accommodation Agreement for authentication in the collector’s office.

new projects in kandivali

 

Why did the Court intervene?

Since 2020, the Maharashtra government has been modifying the city’s stamp duty in an effort to boost home sales amid the tumultuous COVID period. Yet it wasn’t obvious whether the outstanding stamp duty should be paid at the rate in effect at the time the previous document was signed or at the rate in effect at the time the property was renovated. The Bombay High Court intervened in this issue to determine. Whether separate stamp duty is due on documents sign during Maharashtra rehabilitation projects. The choice hasn’t been made official, yet.

new projects in bhayandar

 

What effect would the intervention have on the real estate market in Mumbai?

Industry analysts praised the State government’s previous choice, saying that it would be very beneficial for redevelopment projects in the Mumbai suburbs of Ghatkopar, Mulund, Chembur, Kandivli, Borivali, Goregaon, & Andheri.

Nonetheless, the court noted that separate documents transferring units to specific members shall be recognize. As distinct documents in accordance with the guidelines established for stamp duty for rebuilt structures. So, the cost of construction must be reduce by the stamp duty on the area that was approve by society. Stamp duty on rebuilt projects, The independent attorney chosen by the Bombay High Court has yet to render a decision, nevertheless.

 

 

Video Source

 

 


You’re looking for Projects in Kurla we have the Best Properties In Mumbai Like Ready to Move:https://navimumbaihouses.com/properties/search/kurla/

If you want daily property update details please follow us on Facebook Page / YouTube Channel / Twitter

Disclaimer: The views of this expressed above are for informational purposes only based on the industry reports & related news stories. Navimumbaihouses.com does not guarantee the accuracy of this article, completeness, or reliability of the information & shall not be held responsible for any action taken based on the published information.
Also Read

Rent Properties in Mumbai