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ARTICLE · 18 AUGUST 2023

Major Relief: Members To Benefit From Stamp Duty Paid On Development Agreements

The Inspector General of Registration and Controller of Stamps, State of Maharashtra, Pune ("IGR, Maharashtra") has in its notification dated 26th July 2023 ("said Notification") issued explanatory...

IndiaReal Estate and Construction

1. INTRODUCTION

The Inspector General of Registration and Controller of Stamps, State of Maharashtra, Pune (“IGR, Maharashtra”) has in its notification dated 26th July 2023 (“said Notification”) issued explanatory directives in respect of levying stamp duty on permanent alternative accommodation agreements entered into between a developer and members of a co-operative housing societies (“Society/Societies”) for re-development of Society's property.

2. BACKGROUND

The IGR, Maharashtra had in its Circular dated 23rd June 20151 and Circular dated 30th March 20172 issued guidelines in respect of stamp duty levied on the document executed by the developer in favour of a member of the Society while allotting flats/shares in a redeveloped building of a project (“Earlier Circulars”). The Earlier Circulars contemplated that the permanent alternative accommodation agreement shall be stamped as per Article 25 of the Maharashtra Stamp Act, 1958 (“said Act”) as applicable

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