Registration essentially means that you apply a seal of authenticity to the agreement, which means that an unregistered agreement is considered by the courts as ancillary evidence and never as primary evidence. 2.3 A leave and a licence of a property are different from a property lease agreement, as the lease agreement creates an interest in the property that does not justify the licence. Over time, the Supreme Court and several high courts have set out several tests to determine a license from a lease, but none of them are conclusive. The best known is that of Associated Hotels of India Ltd. v. R.N. Kapoor, AIR 1959 SC 1262 and the most recent decision on the matter is by ICICI, (1999) 5 SCC 708 (SC). For technically experienced and super-experienced people, registering your vacation and license document couldn`t be easier. There are online tools that provide document registration and electronic registration services. The Government of Maharashtra. has taken many initiatives to simplify the entire process, and that is why electronic registration has become so popular.
Here`s what you need to know about electronically registering your holiday and license document – stamp duty is the tax/tax levied as compensation for the legal validity of your agreements. The stamp duty required for different documents varies from state to state. As a rule, in the case of holiday and license contracts, it is up to the donor/lessor to pay the recommended stamp duty for the agreement. In accordance with section 36 A of the Bombay Stamp Act, 1958, stamp duty for holiday and licensing contracts is 0.25% of the tax base calculated according to the following formula prescribed by the Government of the State of Maharashtra – 4.1 In accordance with Art. 36A of the Bombay Stamp Act varies the stamp duty on a holiday and licence agreement depending on the location of the property and the duration of the agreement. In order to reduce the frequency of stamp duty, people used to pay a considerable amount as an interest-free deposit with the nominal rent. This gap has been filled and now, in cases where a refundable bond is recovered by the owner, a notional annual interest rate of 10 percent is charged to that interest-free deposit and you have to pay stamp duty at the same rate, on that interest for each year of the term of the license agreement. Stamp Duty: Bombay HC stamp duty cannot be levied for past transactions. 10% x refundable deposit x Number of years of agreement = C The applicant can pay stamp taxes and duties online by generating a challan receipt online. The calculation of stamp duty is usually based on certain information to be mentioned when registering a property: 2.4 A common misunderstanding among many people is that a leave and license can only be for 11 months. The formula for calculating the stamp duty on the rental contract is 0.25% x D, the D (monthly rent x number of months) + (pre-rental for the period / non-refundable deposit) + (10% x refund x number of years of contract). Each state in India has its own unique scale for levying stamp taxes, and we have made the computer available to our users so that they can calculate the holiday stamp duty and license agreement for Maharashtra State.
5.1 Under the new Model Statutes, any member wishing to put his or her accommodation on leave and under licence must apply for and receive the company`s NOC. He would also have to pay a non-occupancy fee, in accordance with the Commissioners` circular on the subject. 4.2 Please refer to the issue of stamp duty Annex 1, s.36A for the collection of stamp duty. As with any rental transaction, the rental agreement or in the case of Mumbaikars, the holiday and license agreement is an important document. . . .