Maharashtra waives BBR flat transfer fees, caps leasehold stamp duty at 0.5%
Synopsis
Key Takeaways
The Maharashtra government on 7 July announced a waiver of transfer fees (Najrana), penalties, and associated levies on flat transfers in the Backbay Reclamation (BBR) region for properties built before 2015 where a No Objection Certificate (NOC) was not obtained at the time of transfer. The decision is expected to clear a significant backlog of pending property cases and benefit a large number of homeowners across the region.
Key Announcements in the Assembly
Revenue Minister Chandrashekhar Bawankule made the announcement while responding to a calling attention motion moved by MLA Atul Bhatkhalkar in the Maharashtra Legislative Assembly. Bawankule stated that in line with the provisions of the Maharashtra Land Revenue Code (MLRC), transfer fees will no longer be levied on flat transfers executed up to 2015. All penalties and surcharges previously imposed for the absence of an NOC during such transfers stand waived with immediate effect.
Stamp Duty on Leasehold Properties Drastically Reduced
The government has also capped the maximum stamp duty on residential properties at 0.5 per cent and on commercial properties at 1.5 per cent. Previously, these charges ranged between 5 per cent and 8 per cent, making registration prohibitively expensive for many citizens. Around 153 major leasehold cases are currently pending resolution in the state, and the revised policy is intended to accelerate their clearance.
Bawankule cited examples where citizens would have been liable to pay hundreds of crores of rupees in stamp duty calculated on current market values under the old system. Under the new policy, fees will be computed at the significantly reduced flat rate.
Historical Context: Why Ready Reckoner Rates Do Not Apply
Addressing demands that older lease agreements be processed using Ready Reckoner (RR) rates from their respective eras, the minister offered a historical clarification. He noted that RR rates did not exist in the 1950s, 1960s, or 1970s, as the first RR system was introduced only around 1979–80. Given this gap, the government's flat 0.5 per cent levy is, according to Bawankule, more financially advantageous for citizens than attempting to reconstruct historical valuations.
What Happens If Ambiguities Remain
The minister assured the House that if any ambiguities persist regarding the stamp duty formula, a special meeting will be convened under the chairmanship of Assembly Speaker Rahul Narwekar. The government will evaluate multiple options and adopt the method imposing the least financial burden on ordinary citizens before finalising the policy. Narwekar welcomed the announcement and congratulated the government for providing relief to the common man.
Members of the House also requested that the revised policy apply not only retrospectively but also to future property transfers, a demand the government indicated it would consider. The decisions mark a significant policy shift in how Maharashtra handles long-pending leasehold and BBR property disputes.