Mizoram stamp duty and registration charges

Stamp duty is a statutory fee paid to the registrar to register a document, usually an agreement or transaction paper, between two or more parties.

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Stamp duty in Mizoram

In Mizoram, stamp duties are assessed on the real market value of the property that is the subject of the conveyance, at varied rates under the Indian Stamp (Mizoram Amendment) Act, 1996, and the Indian Stamp (Mizoram Amendment) Amending Act, 2007.

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Article 23 (a) & (b) of this notification refers to movable properties, land, or non-residential premises located within the units as follows:

1. If it is about a movable property or a debt assignment: 50 paise for every Rs 500.

2. If the land or non-residential buildings are located within the boundaries of:

Any remote locations, for every Rs 500 or part thereof: about Rs 50
Regions in between, for every Rs 500 or part thereof: about Rs 25
Municipality councils (other than those within the metropolitan region) and cantonments, if any, next to such municipal councils, for every Rs 500 or part thereof: Rs 30.

Under Article 23 (d) of the Indian Stamp (Mizoram Amendment) Act, 2007 (Act No. 11 of 2007), the stamp duty rate is as follows:

3. If it is about a structure or a unit that is used for residential purposes.

Property	Stamp duty
1. where the value of which does not exceed Rs 10,000	Rs 100
2. Where it exceeds Rs 10,000 but does not exceed Rs 5,00,000	Rs 200
3. Where its value exceeds Rs 5,00,000	Rs 500

Also read all about Stamp duty rates on property purchase in India

Property or land registration charges in Mizoram

The fees for registration of papers under the Indian Registration Act, 1908, such as conveyances, bills of sale, deeds of grants settlements, deeds of mortgages, and other documents, were notified by the government of Mizoram in 1997. According to this, the registration cost is controlled on a 1% ad valorem scale, with a maximum of Rs 5,000. It is computed, based on the value of the right, title and interest concerned.

See also: What is a title deed?

Who can pay stamp duty and registration charges in Mizoram?

To register your name for stamp duty and registration fees in Mizoram, you must fulfill one of the following eligibility criteria:

You should own the land or property.
You should be the legal heir of the deceased owner of the land or property.
You should have the authority to sign on behalf of the owner.
You should possess the power of attorney to act on behalf of the owner.
It’s crucial to meet the eligibility criteria to ensure a smooth and hassle-free registration process.

How to pay stamp duty in Mizoram?

To apply for stamp duty payment in Mizoram, you must ensure that the property is owned by the person from whom the land is to be purchased.

When presenting or depositing the sale deed for registration, the executant of the deed and two witnesses have to be present. During registration, everyone engaged in the process must have originals of their identification and proof of address.

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Paying stamp duty in Mizoram: Documents required

Encumbrance certificate
The original document bearing signatures of all parties.
Property details, including survey number, surrounding land details, size of the land, etc.
Challan/DD evidencing payment of stamp duty, transfer duty (if any), registration fee, and user charges.
Property card
Proof of Identity of the seller, buyer and witnesses.
PAN card
Aadhaar card
Original ID proof and address proof
Deed/document that is to be registered (in case of partition or settlement or gift, etc.)
The map of the land
Valuation certificate issued by the tehsildar.

See also: All about laws of property registration in India

Why is paying stamp duty and registration charges in Mizoram important?

When you pay stamp duty and registration charges in Mizoram, you establish legal proof of your ownership and obtain authorized control over your property. This not only adds your name to the municipal records but also protects you from potential legal disputes in the future. It’s essential to pay the stamp duty in Mizoram before or on the date of executing a document related to the property.

In case of any doubts or confusion regarding the stamp duty and registration fees in Mizoram, you can submit an application to the District Register (Dy Commissioner of Stamps) along with the draft of the deed and other necessary documents depending on your specific issue related to stamp duty and registration fees.

Penalty for not paying stamp duty in Mizoram

If the payment for stamp duty is made on time by the authorized person, the document will be considered valid and enforceable. However, if the stamp duty is underpaid or not paid, the document may not be admissible as evidence before any lawful authority. But, it can be rectified later by paying the required stamp duty along with a penalty of nearly ten times the original amount to the court of law. Once rectified, the document will be considered accurate and fair in the eyes of the law. It’s crucial to ensure that the stamp duty is paid correctly and on time to avoid any legal complications in the future.

FAQs

What is stamp duty and why is it important to pay it in Mizoram?

Stamp duty is a tax paid to the state government when purchasing or transferring property. In Mizoram, it's important to pay stamp duty as it establishes legal proof of ownership and protects you from potential legal disputes in the future.

How is the stamp duty calculated in Mizoram?

The stamp duty in Mizoram is calculated as a percentage of the property's market value or the consideration amount mentioned in the transaction document, whichever is higher.

Are there any exemptions for paying stamp duty in Mizoram?

Yes, certain categories of properties or transactions may be exempted from stamp duty in Mizoram, such as transactions between family members or properties owned by charitable trusts.

What are registration charges and why are they important?

Registration charges are fees paid for registering the property with the local municipal authority. It's important to pay these charges in Mizoram to add your name to the municipal records and ensure legal compliance.

Can the stamp duty and registration charges be paid after the document is executed?

No, it's important to pay the stamp duty and registration charges in Mizoram before or on the date of executing the document related to the property. If not paid, it may lead to penalties and legal complications.

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