LEAVE AND LICENSE STAMP DUTY CALCULATOR FOR MAHARASHTRA STATE

Stamp duty is a tax which is applied by state governments in Maharashtra and is in relation to the Lease of the property for temporary period not more than 60 months, u/s 36A of Schedule I of the Bombay Stamp Act, 1958. The Registration fee vary depending on the property situated in Urban Area or Rural Area on Leave and License Agreement.

Each state in India has its own unique scale to collect stamp duty in form of taxes and we have provided the calculator for our users to enable them to calculate stamp duty on leave & license agreement for Maharashtra State.

We have developed Latest Calculator for calculating Stamp Duty & Registration Fee for Leave and License Agreement.
Now you can use our calculator on your entire mobile and tablet devices. Stamp Duty Ready Reckoner Calculator also have included other important Calculating tools like Loan Calculator, Area Calculator, Mortgage Property Calculator to calculate Stamp Duty and Registration fee and Leave and License Calculator for the Maharashtra State Only.

In the Maharashtra State it is mandatory to register the Leave and License Agreement and it is the responsibility and liability of the Landlord / Licensor to pay proper stamp duty u/a 36A of The Bombay Stamp Act, 1958 and should be register u/s 17 of Registration Act, 1908.

Note : Leave and License Agreement is whether for One (1) month or for Eleven (11) months is treated as 12 months, whether it is 50 sq ft or greater, whether it is Residential / Commercial or Industrial it is the same calculation for stamp duty and for registration charges it is different (for Urban or Rural).

Maharashtra Rera

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Registration of leave and license is mandatory.

Registration of leave and license is mandatory under section 55 Maharashtra Rent Control Act, 1999

(MAH. ACT NO. 18 OF 2000)
(w.e.f. 31-3-2000)


Section 55. Tenancy agreement to be compulsorily registered.

(1) Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement for leave and license or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908.

(2) The responsibility of getting such agreement registered shall be on the landlord and in the absence of the written registered agreement, the contention of the tenant about the terms and conditions subject to which a premises have been given to him by the landlord on leave and license or have been let to him, shall prevail, unless proved otherwise.

(3) Any landlord who contravenes the provisions of this section shall, on conviction, be punished with imprisonment which may extend to 3 months or with fine not exceeding 5000/- or with both.

In Maharashtra state License governed under the Indian Easement Act, 1882.

Section 52. "License" defined : Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.

Note : Letting a property on Leave and License basic does not allow any interest in the premises on the licensee's part and does specific certain rights of mere use and occupy, or enjoyment of a residential or commercial property for a limited period of duration.

Stamp Duty on Leave and License

Maharashtra Ordinance No. II of 2005 dated 07th May, 2005.

In Article 36(A)

(A) In clause (a), .......

(i) in column (1) for the word "thirty three months" the words "sixty months" shall be substituted;

(ii) in column (1) and (2) for the word "eleven months" the words"twelve months" shall be substituted;


From 1st May 2013, The new stamp duty rates for leave and license agreements are applicable.

As per newly amendment of sub-clause (a) in article 36A

b) In article 36A for sub clause (a) the following clause shall be substituted namely;

(a) Where the leave and license agreement purport to be for terms not exceeding sixty months, with or without renewal clause;

“0.25 percent of the total sum of;

(i) the license fee or rent payable under the agreement; plus

(ii) the amount of non refundable deposits or money advanced or to be advanced or premium by whatever name called; plus

(iii) the interest calculated at the rate of 10 percent per annum on the refundable security deposit or money advanced or to be advanced by whatever name called.”


As per newly introduced sub-section 2 of Section 70 of Maharashtra Stamp Act, 1958

In case of document on which stamp duty payable is one hundred and forty nine rupees then 49 shall be disregarded, or more than one hundred forty nine then the said amount will be rounded of to next one hundred rupees.

1) In other words if on a document stamp duty determined is 101 or more up to 149 then 100 is payable.

2) If stamp duty amount is 150 or more up to 199 then 200 is payable.


How to compute the stamp duty on Leave and License Agreement in Maharashtra ?

We have tried to explained it in the simple manner, so it easy to understand.

1. (R) Rent
    12000/- [Monthly Rent]

2. (M) Months
    12 [Months]

3. (TR) Total Rent =(R) x (M)
    144000 = 12000 x 12

4. (RD) Refundable Deposit is 10%
    10000 = 100000 x 10%

5. (NRD) Non Refundable Deposit
    24000/-

6. (TA) Taxable Amount = (RD) + (NRD) + (TR)
    178000 = 10000 + 2400 + 144000

7. (TA) x 0.25%

8. (SD) Stamp Duty = (TA) x 0.25%
    445 =178000 x 0.25%

9. (RSD) Rounded Stamp Duty (under sub-section 2 of Section 70 of M. S. Act, 1958)
    400 (Rounded Stamp Duty)

Registration Fee on Leave and License w.e.f. 08th June, 2000

GOVERNMENT OF MAHARASHTRA
Thursday, July 08, 2000
Part 4 A
REVENUE AND FOREST DEPARTMENT
Mantralaya, Mumbai 400 032, dated the 8th June 2000
NOTIFICATION


The Registration Act, 1908.

No. RGN.2000/2120/CR-592/M-1- In exercise of the powers conferred by sections 78 and 79 of the Registration Act, 1908 (XVI of 1908), in its application to the State of Maharashtra, read with sub-section (1) of section 55 of the Maharashtra Rent Control Act, 1999 (Mah. XVIII of 2000), the Government of Maharashtra hereby further amends, with effect from the date of issue of this Notification, the TABLE OF FEES prepared under the said section 78 and published under the Government Notification, Revenue Department No. RGN. 1558/67731-N, dated the 17th July 1961, as required by the said section 79, as follows, namely;

In the said TABLE OF FEES, after Article III, the following Article shall be interested, namely;

"III A For the registration of a document of agreement of leave and license, if such document is relating to the property situated;

in the area of limits of a;

Municipal Corporation 1000

In any other area 500

By order and in the name of the Governor of Maharashtra,

P. G. CHHATRE

Under Secretary to Government

Informative Guide Line for Leave and Licences Agreement.

Licence Period : Means Months / Years (not exceeding 60 months / 5 years) for letting of an immovable property such as Residential, Office, Shop and Industrial on Leave and Licence basics u/a 36A of Maharashtra Stamp Act.

Refundable Deposit : Means the amount given by the Licensee (Tenant) to the Licensor (Owner) as a Security (Guarantee for the due performance and observance) for the maintaning the property in good condition (Except minimal wear and tear).

Non Refundable Deposite (NRD) : Means the amount given by the Licensee (Tenant) to the Licensor (Owner) as a Advance which has to be adjusted against the final monthly rent.

Note : Tax Deducted Source (TDS) : Is applicable u/s 194(i) of Income Tax Act, 1961 @ 10% for the Total Rent Received above 180000/- or greater in a Fincial Year.

Can Society collect Non–occupancy charges ?

Yes, Society can collect Non–occupancy charges @10% of the service charges only from members as per Notification of 1st August, 2001.

1) No, non occupancy charges can not recover if member has given his flat to nearby relative or family members.

2) In any other cases society can levy @10% of the service charges only to members and not on total maintenance bill.

Notification for Non-Occupancy charges Click for Download

Police Verification Form / Society Forms No. 11 and 29

It is mandatory on the Licesors / Owners / Landlords to submit their tenant’s information to the nearest Local Police Station.

Is it necessary to get Police NOC for letting property on Leave and Licenses ?

Police NOC is not required while renting the property on Leave and Licenses Agreement, but it is mandatory to submit the verification form having details of Owner/Licensor, Tenant/Licensee and Estate Agent to the local police station along with the copy of registered document.

Police Verification Form for download Click Here

Which forms are required to be submitted to Society for sub-letting the property ?

Form No.27 [Under the Bye-law No. 43(2) (I)] A Form of application for Permission to sub-let, give on leave and license or care-taker basis the flat or part or part thereof.

Form No.11 [Under the Bye-laws Nos.20 and 43(2) (ii)] The Form of application for Nominal Membership by the Sub-lettee the Licensee or the Caretaker or occupant

Forms to be submitted to Society under bye-laws. Click Here

Authorised Service Providers For Leave and License

How to use Leave & Licence Calculator ?

It is very easy to calculate, (for every term of twelve months) just select the Months then input the Refundable Deposit Value and or Non Deposit Value if mentioned in document, then select type of compensation / rent, and finally select property situated in Rural or Urban area and click on calculate button and you will get the STAMP DUTY & REGISTRATION FEE along-with TAX DEDUCTED AT SOURCE (T. D. S.) if applicable on the Leave & License Agreement.Note : Always refresh after each calcualton.

Leave and Licence     With TDS


Calculation is for a period of 12 months upto 60 months


My Licence Period is
My Refunded Deposit    
My Non-Refunded Deposit    
TYPE OF COMPENSATION / RENT

Fixed
Varying
Months Rent
1 To
To
To
To
To
THE PROPERTY SITUATED IN
Urban Area
Rural Area
StampDuty Rs 
Registration Fee Rs 
Rounding   
 
We have calculated your Stamp Duty as per Article 36A of Shedule I of Bombay Stamp Act, 1958 which have arrived to   /- Only. Rounded of to Rs.  /- ( Rupees : Only) as per amended Section 70 of Bombay Stamp Act, 1958. And Registreation fee is  

Tax Deducted at source (TDS) on Rent or Compenstion is applicable u/s 194(i) of Income Tax Act, 1961 @ 10% for the total Rent or Compenstion received or collected greater then or above 180000/- in financial Year. We have calculated TDS on the said Leave and License Agreement @ 10% which is

Request Note for users : If the calculator is not working please do inform use immediately so we can retifty the problem Click Here

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Note : The Online Leave and Licence Calculator for calculating Stamp Duty & Registration Fee which provides you with an indication of amount of stamp duty and registration fee; your Advocate, Solicitor or Stamp Duty Consultant will be able to provide you with final amount of the Stamp Duty and Registration Fee and its procedures. For TDS take help from Chartered Accountant. We always recommend our valuable users to obtain the proper Legal Advice from the professionals in this fields or confirm with the concern authority. Read full Terms and Conditions carfully before using it.




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Maharashtra State Government has provided various types of facilities to the public for the payment of Stamp Duty through various types of mode and has appointed Nationalized Banks, Schedule Banks, Private Banks and the Co-operative Banks which are authorized by Reserve Bank of India. With view that the facility of payment of stamp duty is made easily available to the public therefore different arrangements are in force.

Online Leave and License Registration

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