Stamp duty and registration charges in Uttar Pradesh

As is true of asset purchases in all parts of India, property buyers in India’s most populous state, Uttar Pradesh, are also liable to pay stamp duty and registration charges to get the asset registered under their names in the government’s records. In this article, we discuss the extent of expenses that buyers have to bear, to pay these twin duties.

Stamp duty laws in Uttar Pradesh

Section 17 of the Uttar Pradesh (UP) Registration Act, 1908, mandates that any property transaction that involves a consideration value exceeding Rs 100, must be registered with the sub-registrar’s office. This means all property transactions in the state must be registered, to attain legal validity under the law. For property registration in UP, buyers have to pay stamp duty UP, as well as registration charges. In this article, we find out how much money buyers have to spend at the time of property registration.

Stamp duty and registration charges in UP

UP is among the states in India where stamp duty is comparatively higher. Buyers in UP have to pay 7% of the transaction cost as stamp duty. Note that buyers cannot register a property below the circle rates in any state. If the property is being registered below the government-determined circle rates, the buyer will still have to pay the amount applicable on the value as determined by calculating the circle rate.

* Note: Even though women are offered a 1% reduction in stamp duty charges in UP, this reduction is applicable only up to Rs 10 lakhs out of the total value of the transaction.

See also: Stamp duty and registration charges in 20 Tier-2 cities

UP RERA, industry bodies ask state government to cut stamp duty

Amid a dip in property registrations, because of the impact of the Coronavirus pandemic, the Uttar Pradesh RERA, in October 2020, wrote a letter to the state government, asking it to reduce stamp duty on property registration in order to boost consumer sentiment. The move by the state RERA was prompted by similar actions taken by states like Maharashtra, Madhya Pradesh and Karnataka, which lowered stamp duty in the wake of a tremendous reduction in property purchases. The UP government has yet to take an action in this matter.

Expecting a stamp duty reduction by the UP government soon, Amit Modi, director, ABA Corp and president-elect, CREDAI-Western UP, says that the reduction in stamp duty in Maharashtra has not only helped to convert pent-up demand in the mid-income and affordable segments in the Mumbai market but also prompted the conclusion of several large-ticket transactions in the metro city.

Industry bodies are urging the state government to return to the previous system, under which the UP government charged only Rs 20,000 as registration fees, to boost buyer sentiment in the post-COVID-19 atmosphere. In 2019, the state government started to charge 1% of the property transaction cost as the registration charge.

“If the registration fee is reduced to the minimum, property registrations will increase and revenue will go up for the state. We have urged the government to reduce stamp duty for the next six to 12 months, to speed up the purchase and sale of properties after the Coronavirus pandemic,” said Prashant Tiwari, president, CREDAI-western UP.

“It is essential to register the agreement but paying 1% fee is a big issue for any buyer as the average price of the property has gone up to Rs 40- 50 lakhs. In such a situation, we are requesting state government to reduce stamp duty and charge a minimum fee for registration of agreements to sub-lease,” added Subodh Goya, secretary, CREDAI-western UP.

Note here that in spite of  many calls by industry bodies and the centre to reduce stamp duty rates, the UP government has remained firm on keeping the rates unchanged so far. As a result of this, home sales in the NCR’s most affordable housing market, Noida, showed a decline of 28% in the January-March period of 2021, data available with Housing.com show.

Property registration charge in UP

Earlier in 2020, the UP government notified the new stamp duty rates and registration fee for property and other transactions and did away with the provision that capped the maximum charge at Rs 20,000 on transactions. Now, the registration fee is calculated as 1% of the sale consideration. This means that if the sale deed is being registered for a property valued at Rs 50 lakhs, the buyer should set aside Rs 50,000 as the registration charge.

See also: Stamp duty and registration charges in Lucknow

Stamp duty calculation example

Suppose that Ram Singh is buying a property of 800 sq ft carpet area in a location where the circle rate is Rs 5,000 per sq ft. Thus, the circle rate-based value of the property would be 800 x 5,000 = Rs 40 lakhs.

If the property is being registered at this amount, the buyer will currently pay 7% of this amount as stamp duty. This will amount to Rs 2.80 lakhs.

If the property is being registered at an amount lower than that, the buyer will still have to pay 7% of Rs 40 lakhs as stamp duty, since the property cannot be registered below the circle rate. If the property is being registered at Rs 50 lakhs, the buyer will have to pay 7% of Rs 50 lakhs as stamp duty, amounting to Rs 3.50 lakhs.

Ram Singh will also have to pay Rs 50,000 as the registration charge.

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