If the rates given in the ASR (Annual Statement Rate) for assessment of stamp duty are not acceptable, the concerned applicant along with necessary papers of proofs can submit the application to the following officers for getting valuation done and exercises his right to present the case for adjudication under section 31 of Maharashtra Stamp Act. Concerned Collector of Stamps
Concerned Joint District Registrar and Collector of Stamps.
In the transaction of immovable property between the parties, the true market value of land property means the price which such property would fetch in the open market on the date of signing or execution of such instrument / documents or the consideration stated in the instrument / documents which ever is higher.
In the case of instrument / document or subject matter of instrument / document such as Agreement for Sale, Sale Deed, Conveyance Deed, Deed of Exchange, Certificate of Sale, Partition Deed, Power of Attorney given to a third person to sell property with or without consideration, Settlement Deed, Lease Deed, Transfer of Lease and Development Agreement the stamp duty as per the true market value of the property is taken into consideration.
The stamp duty is levied on the higher gain / amount in between the consideration amount mentioned in the document or the value of property computed at the rate mentioned in the ARS (Annual Statement Rate) which ever is higher.
No, Instead of making valuation only by considering the rate in ARS (Annual Statement Rate) valuation is done by considering the accompanying Guideline.
Yes as per section 28 of Maharashtra Stamp Act, all the facts affecting the chargeability of stamp duty shall be fully and truly set forth thereon. Similarly it is necessary to submit the incidental proofs in support of them.
Yes, according to Rule 4(6) of Maharashtra stamps (Determination of True Market Value of Property) Rule 1995, If the property is being sold / allotted in its first transaction to the beneficiaries by the Government, Semi-Government bodies, the value fixed by such Government, Semi-Government bodies is considered admissible as final value.
If a plot allotted by the Government / Semi – Government bodies is being transferred to another person it’s valued is computed at the rate stated in the Annual Statement Rate (ASR).
While making valuation of the Office / Shop (Commercial Property) having larger area it has to be done as per current Guideline No. 9 for the District Mumbai City and Mumbai Suburban District and for the rest of Maharashtra as per current Guideline No 8.
While making valuation of the Shop (Commercial Property) having large Shopping Complexes or Mall it has to be done as per current Guideline No. 9 and 10 for the District Mumbai City and Mumbai Suburban District and for the rest of Maharashtra as per current Guideline No 8 and 9.
While making valuation of the building having Basement and being used used as godown then valuation has to be done at the rate of 70% of the rate of concerened shop rate as per current Guideline No. 12 for the District Mumbai City and Mumbai Suburban District and for the rest of Maharashtra as per current Guideline No 11.
While making valuation of the shop / industrial unit having mezzanine floor then according to current Guideline No. 13 for the District Mumbai City and Mumbai Suburban District and for the rest of Maharashtra as per current Guideline No 12. Its valuation has to be done at 70% of the rate of shop / industrial unit of that floor.
While making valuation of the land adjoing the Flat / Shop on ground floor then according to current Guideline No. 14 for the District Mumbai City and Mumbai Suburban District and for the rest of Maharashtra as per current Guideline No 13. Its valuation has to be done at 40% of the rate of land in the concerned value zone.
While making valuation of the Terrace is also purchased along with the Flat / Office or Shop then according to current Guideline No. 15 for the District Mumbai City and Mumbai Suburban District and for the rest of Maharashtra as per current Guideline No 14. Its valuation has to be done at 40% of the rate of the concerned property rate of Flat, Office or Shop value zone.
While making valuation of the Terrace is purchased along with the Flat then valuation of such terrace is done at 25% of the rate of flat in the (ASR) Annual Statement Rates of value zone.
While making valuation of the covered parking / podium parking is purchased along with the property then valuation of such covered parking / podium parking is done at 25% of the rate of user property in the (ASR) Annual Statement Rates of value zone arrived after appropriate reduction applicable to user property. Then according to current Guideline No. 16 for the District Mumbai City and Mumbai Suburban District and for the rest of Maharashtra as per current Guideline No 15. Note: If in the document it is not mentioned about covered parking / podium parking along with user property then an affidavit in this regard should be obtained and made part of document for the same.
While making valuation of the open parking is purchased along with the property then valuation of such open parking is done at 40% of the rate of land in the (ASR) Annual Statement Rates of value zone. Then according to current Guideline No. 16 for the District Mumbai City and Mumbai Suburban District and for the rest of Maharashtra as per current Guideline No 15.Note: If in the document it is not mentioned about open parking along with user property then an affidavit in this regard should be obtained and made part of document for the same.
While making valuation of Flat, Office and Shop unit in the multi-storied building having lift facility additional rate is levied as follows;
If Land is purchased for Farm House valuation has to be done by considering non-agriculture potential use and at the rate for potential non-agriculture.
The Valuation of land of potential no-agriculture use has to be done from the guide Line for the rest of Maharashtra according to current Guideline No 16.
While determining value of property is such document / instrument the value of land and building / structure is taken into consideration. The value of land is fixed at the rate of concerned value zone. The value construction is decided at construction rate taken into consideration the deprecation as per age of building. The said instruction is not applicable to farm house other than the farm house.
While calculating assessment per hectare calculation has to done as per guide line No. 25 for Rest of Maharashtra dividing total area to the total assessment in 7/12 extract (Total Assessment / Total Area without deduction allow / potkharab area).
The valuation has to done according to applicable rate of land without any independent consideration potkharab area in 7/12 extract.
If separate rate for orchards are not given in the (ASR) Annual Statement Rate, for valuation of orchards in agriculture land, the ratio is given in Rest of Maharashtra Guideline No. 20. The valuation in respect of remaining trees is done under adjudication by examining aspects like age of trees and their potential income etc.
While valuation of irrigated land has to be done as per Rest of Maharashtra Guideline No. 20, no separate value for "Well" is taken into account.
Source: IGR Maharashtra
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