By Arosh John | Founder – John Real Estate (MahaRERA Reg. No. A51700001835) | Editor-in-Chief – Thane Real Estate News (TREN)
Thane – MMR | October 2025
Why This Matters
Stamp duty often accounts for 5–7 percent of a property’s value — a major expense for investors who exit within a few years.
Under Maharashtra’s amended rule, when you resell a home bought from a developer within three years, your buyer pays only the differential stamp duty, after adjusting for what you already paid under your Agreement for Sale.
This official provision prevents double taxation and can save lakhs on early resales — a rare investor-friendly benefit still in force.
Legal Reference — Government Verified
- Maharashtra Stamp (Amendment) Act, 2022, Gazette Notification No. XXXII dated 7 April 2022.
- Amends Schedule I → Article 5 (g-a)(ii) → Proviso by replacing “one year” with “three years.”
- Effect: When a Sale Deed in favour of the subsequent purchaser is executed within three years of the original Agreement for Sale, the earlier duty is adjusted, and only the balance (minimum ₹100) is payable.
(Sources: Maharashtra Legislature Bill No. XI of 2022 and IGR Maharashtra updated Act – June 2022.)
How the Benefit Works
• You buy a flat from a developer through a registered Agreement for Sale and pay stamp duty.
• You later resell within three years of that registration date.
• The Sale Deed is executed between you (the investor/seller) and the new buyer — the developer’s role is complete.
• At the Sub-Registrar Office (SRO), the earlier duty is verified using your original agreement and set off against the new duty.
• The buyer pays only the differential duty, with a minimum of ₹100.
Example – How the Differential Is Calculated
| Transaction | Consideration | Stamp Duty Payable |
|---|---|---|
| 2023 – Investor’s Agreement for Sale (from developer) | ₹ 1.00 crore | ₹ 6 lakh |
| 2025 – Resale within 3 years (Sale Deed to new buyer) | ₹ 1.15 crore | Duty on ₹ 15 lakh difference ≈ ₹ 90,000 (or ₹ 100 minimum) |
| Buyer’s Saving | — | ≈ ₹ 5.9 lakh |
(Actual figures depend on ready-reckoner values and SRO verification.)
Eligibility Checklist
✅ Original purchase through a registered Agreement for Sale with a developer (Article 5 (g-a)).
✅ Resale Sale Deed executed within three years of that registration date.
✅ Resale is between the investor and the new buyer — the developer is not a party.
✅ Investor must carry the original Agreement for Sale and duty receipt to the SRO for verification.
✅ Applies only to the first resale or assignment from the original developer agreement.
Not Applicable When
❌ The property is a stand-alone plot or open land (not a “unit” in a developer project).
❌ The resale occurs after three years from the first agreement’s registration.
❌ It is a second or later resale.
❌ The earlier agreement or duty receipt cannot be produced at the SRO.
❌ The first purchase was not from a developer under Article 5 (g-a).
Documents Usually Required at the SRO
• Original registered Agreement for Sale and stamp-duty challan/receipt.
• Chain of agreements or transfer letters (if any).
• PAN, Aadhaar, and standard KYC of both parties.
• Draft Sale Deed showing set-off calculation and the resulting differential duty.
Tip – Keep a certified copy of the original agreement. The SRO will verify its registration number and duty amount before approving the set-off.
Frequently Asked Questions
No — it is a set-off during registration; no money is refunded.
You (the investor/seller) and the new buyer; the developer is not involved.
Yes, if the original purchase was under Article 5 (g-a) and the resale is within three years.
No — only units in developer projects qualify.
From the registration date of the first agreement to the execution date of the resale Sale Deed.
The cut-off is based on registration dates, not possession.
Why It Matters for Thane Investors
Thane’s active corridors — Ghodbunder Road, Pokhran-2, Kolshet, Majiwada and TDLR — see frequent resales before possession.
Understanding this three-year window helps investors plan timely exits, structure assignments correctly, and avoid duplicate stamp duty that can eat into returns.
Also Read
• [Understanding Index II in Maharashtra Property Transactions]
• [Refund of Excess TDS Through ITR Filing]
• [Buyer & Seller Guides – Thane Real Estate News]
About the Author
Arosh John is the Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and Editor-in-Chief of Thane Real Estate News (TREN) — a digital platform dedicated to factual, insight-driven coverage of the Mumbai Metropolitan Region’s evolving property landscape. With over a decade of on-ground experience across Thane’s residential and infrastructure-led corridors, Arosh combines market intelligence with regulatory insight to decode how policies shape real-estate value.
Disclaimer
This article is based on the Maharashtra Stamp (Amendment) Act 2022 and the official texts of the Maharashtra Stamp Act 1958. Eligibility for the three-year set-off is subject to Sub-Registrar verification and document-specific review. Readers should consult a qualified conveyancer for accurate duty computation and compliance.
