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1[I (1) This Article shall apply to those documents
on which registration fees is leviable on an advalorem scale on the amount or
value of the consideration of the property to which the document relates.
2[ (2) The registration fee on the following documents shall be levied
on an advalorem scale on the amount or market value or consideration as the
case may be:
Acknowledgement (not being of the nature described in the Article III), Agreement
for consideration (See Note 5 & 12) Annuity Bonds (See Note 4) Award, Bond,
Bill of Exchange, Bill of Sale, Lease [ See Notes (3) and (6)] Instrument of
Assignment, Conveyance, Mortgage ([See Note 1 and 1a), Release for consideration
( not being of the nature described in Article III),(See note 11), Sale, Transfer,
any certified copy of the decree or order of court. 3[ and power of attorney
(see note 10)]
(3) The registration fee on the following documents shall be levied on advalorem
scale on the amount or market value of the property.
Composition Deed, Gift Deed, (See note 11), partnership Deed, Settlement,
(See note 11) Declaration of Trust, Release other than one falling under Subarticle
(2) (See note 11) or Article III.]
1. Substituted by Notification NO. RD 403 ESR 85, dated 27051986, w.e.f.
2.6.1986. [Previous Notification No. RD 48 EST 72, dated 15.3.1972, which was
in force w.e.f. 1.4.1973 to 161986].
2. Substituted by Notification No. RD 160 munomu 99 dated 31.3.99 w.e.f.
01.04.1999.
3. Inserted by notification RD 254, munomu dated 31.3.1998, w.e.f. 1.4.1998.
* Please Note: (73/9293, ?18111992).
1[ (4) The advalorem scale shall be :
a. If the amount or value of the consideration or of the property to which
such instrument relates is wholly expressed therein:
| When the amount or value does not exceed Rs. 100 |
200 |
| When the amount or value exceeds Rs. 100 but does not exceed Rs. 200 |
400 |
| When the amount or value exceeds Rs. 200 but does not exceed Rs. 300 |
600 |
| When the amount or value exceeds Rs. 300 but does not exceed Rs. 400
|
800 |
| When the amount or value exceeds Rs. 400 but does not exceed Rs. 500 |
1000 |
| When the amount or value exceeds Rs. 500 but does not exceed Rs. 600 |
1200 |
| When the amount or value exceeds Rs. 600 but does not exceed Rs. 700 |
1400 |
| When the amount or value exceeds Rs. 700 but does not exceed Rs. 800 |
1600 |
| When the amount or value exceeds Rs. 800 but does not exceed Rs. 900
|
1800 |
| When the amount or value exceeds Rs. 900 but does not exceed Rs. 1000
|
2000 |
| For every Rs. 500 or part thereof in excess of Rs. 1000 upto Rs. 5000
|
1000 |
| For every Rs. 1000 or part thereof in excess of Rs. 5000 |
2000 |
| (b) If such amount or value is only partly expressed the same advalorem
fee as above on the amount or value which is expressed and an additional
fee of |
1000 |
| (c) If such amount or value is not expressed at all a fixed fee of |
10000 |
1. Substituted by Notification NO. RD 403 ESR 85, dated 27051986, w.e.f.
2.6.1986. [Previous Notification No. RD 48 EST 72, dated 15.3.1972, which was
in force w.e.f. 1.4.1973 to 161986].
Note : (1) The fee leviable upon a document purporting to give collateral or
auxiliary or additional or substituted security or security by way of further
assurance where the principal or primary mortgage is proved to the satisfaction
of the Registering officer to have been duly registered, shall be the same as
for the principal or primary mortgage, if the same does not exceed Rs.40 otherwise
it shall be Rs.40.
1[Note :(1a) (i) In the case
of Instrument of Further charge as per article 27(b)(ii) or mortgage on which
stamp duty is chargeable as per 34(b) or 34(c) of the schedule to the Karnataka
Stamp Act, 1957 the fee payable is subject to a maximum of rupees two lakhs"
as the case may be.
(ii) For hypothecation of movable property as per Article 34(d) or further
charge of movable property as per article 27(b) (iii) of the schedule to the
Karnataka Stamp Act 1957 the fee payable is subject to maximum of rupees ten
thousand" as the case may be.]
2[(iii) For agreement relating to Deposit of title
deeds of immovable property as per Article 6(1) of the schedule to the Karnataka
Stamp Act, 1957, the fee payable is Rs.5 for every Rs.1,000/ or part thereof
subject to a maximum of Rs.10,000.]
3[Note (2) omitted]
4[Note : (3) In the case of leases, the amount or
value of the consideration, on which the advalorem fee is to be assessed on
the amount or value, on which stamp duty is assessed.
Provided that in case of leases executed among family members a fixed fee of
Rs.500/ is to be levied.
Explanation : Family in relation to a person for the purpose means father,
mother, husband, wife, son, daughter (whether married or unmarried), brothers
and sisters.
1. Substituted by notification No RD 160 munomu 99 dated 31.3.99 w.e.f. 1.4.99.
2. Inserted by notification No.164 MUNOMU 2001(1), dated 3132001.
3. Omitted by notification No RD 160 munomu 99 dated 31.3.99 w.e.f. 1.4.99.
Note 2: read as follows "In the case of an instrument of partition the
value of the separated share or shares on which duty is leviable shall be deemed
to be the amount or value of the property to which such instrument relates (subject
to a maximum of Rs.10,000/ only which was inserted by Notification No.RD 467
munomu 98 dated 2321999)
4. Substituted by notification No RD 160 munomu 99 dated 31.3.99 w.e.f. 1.4.99.
Note 4. : In the case of an instrument executed to secure the payment of an
annuity or other sum payable periodically or where the consideration for a conveyance
is an annuity or other sum payable periodically, the amount or value or the
consideration on which the advalorem fee is to be assessed, shall be as follows
:
Where the sum is payable:
The fee will be assessed on:
(a) for a period
The total amount to be paid during the period.
(b) In perpetuity or for an indefinite time not terminable with any life in
being.
The total amount payable during the first twenty years calculated from the
date on which the first payment becomes due.
(c) For an indefinite time terminable with any life in being at the date of
such instrument or conveyance.
The total amount payable during first twelve years calculated from the date
on which the first payment becomes due.
Note (5) : In the case of service bonds and agreements for the hire of moveable
property, the amount or value of the consideration on which the advalorem fee
is to be assessed shall be as follows :
If the service bond or agreement is granted :
The fee will be assessed on :
(1) for a period of a year or less.
The total amount payable under the service bond or agreement.
(2) for a definite period exceeding one year.
The average annual amount to be paid during the period.
(3) for an indefinite period.
The average annual amount to be paid during the first ten years.
Note (6) : If in any case, the rent, remuneration or hire is payable partly
in money and partly in kind and the value of the portion payable in kind is
not expressed, the fee shall be charged at twice the amount of the advalorem,
fee chargeable in respect of the amount payable in money, e.g., if the advalorem
fee, chargeable on the amount payable in money is Rs. 20 the total fee leviable
in respect of the document would be Rs. 20 on the money value plus Rs. 10 for
the payment in kind. If the rent or remuneration is payable entirely in kind
and the money value thereof is not expressed, its money value shall be deemed
to be the highest amount which the stamp borne by the document shall suffice
to cover, and if the document is exempt from stamp duty, the money value of
rent or remuneration paid in kind shall be calculated at the current market
rates.
Note (7) : 1. In the case of documents purporting or operating
to effect a contract for sale of immovable property and,
(a) Not containing a recital that the possession of the property has been delivered
to the person contracting to buy, an advalorem fee on the amount or value of
the purchase money subject to the maximum of Rs. 20 shall be charged on the
document; a document purporting or operating to effect a sale of the said property
executed in pursuance of the said contract shall be subject to an advalorem
fee on the amount or value of the purchase money;
(b) Containing a recital that the possession of the property has been delivered
to the person contracting to buy, an advalorem fee on the amount or value of
the purchase money shall be charged on the document; the document purporting
or operating to transfer by way of sale the said property executed in pursuance
of the said contract shall be treated as a supplementary document and shall
be subject to an advalorem fee on the amount or value of the purchase money
subject to a maximum of Rs. 20.
(2) Except as otherwise provided in this Article, the provisions of clause
(1) shall, so far as may apply to documents which purport to be or to operate
as agreements for the transfer of any right, title or interest in immovable
property, otherwise than by way of sale, and to documents which purport or operate
to effect such transfer and are executed in pursuance of such agreements.
1[In case of a sale deed executed by the organisations mentioned in
article 5(d) of the schedule to the Karnataka Stamp Act, 1957, except House
Building Cooperative Societies, in pursuance of a Leasecumsale Agreement or
Auction Sale Agreement as the case may be, the fee shall be Rs. 2 for every
Rs. 100 subject to a maximum of Rs. 500.
Provided that in case of House Building Cooperative Societies, where if, the
fee for Leasecumsale Agreement or Auction Sale Agreement has been levied on
the basis of consideration, then the fee for the sale deed executed in pursuance
of the said former deeds shall be Rs.2 for every Rs.100 on the difference between
the market value which is the subject matter of the conveyance and the consideration.]
Note (8) No fee shall be payable in respect of the registration of document
relating to immovable property which has already been registered in a wrong
registration office and on which proper fee has been paid under this Article.
1. Inserted by notification No.164 MUNOMU 2001(1), dated 3132001.
Note (9) The provisions of Section 5, 6, 20, 21 and 23 of the Karnataka Stamp
Act 1957 shall mutatis mutandis apply to calculations of value for the purpose
of determining the registration fee.
| 1[Note (10) When power of attorney is
given to a person other than the father, mother, wife or husband, son
or daughter in relation to the executant authorising such person to sell
immovable property. |
On the market value of the property which is the subject matter of
power of attorney.] |
2[Note (11) (i) Release among family members a
fixed fee Rs. 500/ shall be payable.
Explanation: Family in relation to a person for this purpose means father,
mother, husband, wife, son, daughter (whether married or unmarried), brothers
and sisters. See Amendment
(ii) Gift to spouse or children a fixed fee of Rs. 500/ shall be payable
(iii) Settlement for the purpose of distributing property among family members
a fixed fee of Rs. 500/ shall be payable.
Explanation: Family in relation to a person for this purpose means father,
mother, husband, wife, sons, daughters (whether married or unmarried) See
Amendment
Note (12): In the case of Agreement on which stamp duty is leviable under Article
5(f) of the schedule to the Karnataka Stamp Act, 1957, the registration fee
shall be two percent on the market value of the property which is the subject
matter of agreement subject a maximum of rupees two lakhs]
II. The fee for the Registration of a
surrender of a Lease shall be the same as for the lease surrendered, if the
same does not exceed 3[Rs.100] otherwise the fee shall be 3[Rs.100.]
1. Inserted by notification No RD 254 munomu 98 dated 31.3.98 w.e.f. 1.4.98.
2. Inserted by notification No RD 160 munomu 99 dated 31.3.99 w.e.f. 1.4.99.
3. Substituted for the words "Rs.30" by notification No RD 169
munomu 2000 dated 31.3.2000 w.e.f. 1.4.2000.
III. This Article shall apply
to documents on which fee shall be calculated according to the advalorem scale
in Article I but subject to a certain maximum specified hereunde
Registration fee, calculated according to the advalorem scale subject to a
maximum of 1[Rs. 100] shall be levied on the following documents.:
(i) A document which acknowledges merely the payment of the consideration for
some other document which is also registered;
(ii) A document which acknowledges the receipt of the consideration expressed
in a previous registered document but not paid at the time of the execution
of such document, where full advalorem fee has, under Article I, been levied
in respect of such previous document;
(iii) A reconveyance executed on the extinction of mortgage liens;
(iv) A release executed on the extinction of mortgage liens;
(v) A document acknowledging the receipt of installments on account of mortgages;
(vi) A revocation of Trust or settlement (See Note 1 below) ;
(vii) Duplicate or duplicates presented for registration with the original
document or documents on the same day;
(viii) A release executed in pursuance of some other document on which full
advalorem fee under Article I has been paid (See Note 2 below);
Note (1) A revocation of Trust or Settlement mentioned in this Article, is
a document executed in pursuance of a power to revoke, reserved in the original
registered deed of Trust or Settlement, and includes a partial revocation of
trust or settlement executed otherwise than in pursuance of such power.
1. Substituted for the words "Rs. 30" by notification No
RD 184 munomu 97(P) dated 1.4.1997 w.e.f. 1.4.97.
(2) A release executed in pursuance of another document includes a release
by trustees in favour of beneficiaries of vice versa, release by a settlee in
favour of settlor release by benamidars in favour of real owners and documents
of a similar nature.
(3) In case of a release where the amount or value of the interest or claim
released is less than the amount or value of property over which the claims
is released, if the amount or value of the consideration for the release is
not shown the registration fee shall be levied according to the advalorem scale
in Article I but subject to a maximum of Rs. 200
IV. This Article shall apply to
documents on which a fixed fee shall be levied.
A fixed registration fee of 1[Rs.100] shall be levied for the registration
of the following documents.
Power of Attorney Writing of Divorcement, a Certificate of Heirship, guardianship,
Administratorship, or Executorship, a Notice of pendency of a suit or proceeding
referred to in Section 52 of the Transfer of Property Act 1882, Revocation of
Trust or Settlement (See Note 2 below), Dissolution of partnership, Agreement
of preemption in a partition deed or in a lease, Appointments of property, Declaration
of trade marks, Declaration Agreement of easement where amount or value of consideration
is not shown, Documents which do not fall within any other Article of this
Table.
Note (1) Where advalorem fee on the property to which such Trust deed relates
has once been paid on the registration of a deed appointing a body of Trustees
for the management of any property and a subsequent deed appointing one or more
trustees in addition to or in place of some of those appointed as above is presented
for registration such subsequent deed shall be liable to the fixed fee of 1[Rs.
100] under this Article.
1. Substituted for the words "Rs. 30" by notification No.
RD 184, munomu 97(P) dated 1.4.97 w.e.f. 1.4.97.
Note (2) A revocation of a Trust or Settlement mentioned in this Article is
one where a previously registered Trust or Settlement is wholly revoked otherwise
than in pursuance of a power to revoke reserved in the original deed of Trust
or Settlement.
1[Note 3 (a) In the case of power of attorney on which stamp duty is
leviable under Article 41(ea) of the schedule to the Karnataka Stamp Act, 1957,
the registration fee shall be two percent on the market value of the property
which is the subject matter of agreement subject to a maximum of rupees two
lakhs.]
1[IV(a) In case of instrument of partition:
| (a) Where the property involved in the partition is converted for
nonagricultural purpose or is meant for nonagricultural use. |
|
| (1) If the property is situated in the jurisdiction of Municipal Corporation
or Urban Development Authorities or Municipal Councils or Town Panchayats. |
A fixed fee of Rs. 500 per share |
| (2) If the property is situated in the areas other than those mentioned
in subclause (1) above. |
2[A fixed fee of Rs. 250 per share] |
1. Inserted by notification No. RD 160, munomu 99 dated 31.3.99, w.e.f.
1.4.99.
2. Inserted by corrigendum notification No. RD 160, munomu 99 dated
25.5.99, w.e.f. 1.4.99.
| b. Where the property involved in the partition is agricultural land. |
A fixed fee Rs.50 per share |
| c. Where the property involved in the partition is movable or money. |
A fixed fee of Rs.100 per share |
| d. Where the property involved in the partition belongs to any of
the combinations of categories mentioned in subclause (a), (b) and (c)
above |
Maximum of the fees of prescribed in Sub Clause (a), (b) & (c)
above for each share] |
V.
For Registration of an Adoption Deed, or authority to adopt not conferred by
a will, the fee payable shall be 1[Rs. 200.]
VI.
For Registration of a will when presented open, the fee
payable shall be 2[Rs. 200.]
Provided that in the case of wills in which the value of the property dealt
with is mentioned and that value does not exceed Rs. 4,000 the Registration
fee shall be as per advalorem scales in Article I.
VII. The fee payable on a document canceling a will shall be the same
as on the original if registered, subject to a maximum of 3[Rs. 200.]
otherwise 3[Rs. 200.]
VIII. The fee for deposit of a sealed cover containing
a will, besides the expenses of copying the superscription or contents according
to the rate laid down in Article XIII 4[Rs. 1,000.]
1. Substituted for the words "Rs. 80" by notification No. RD 184
munomu 97(P) dated 1.4.97, w.e.f. 1.4.97
2. Substituted for the words "Rs. 300" by notification No. RD
164 munomu 2001(1), dated 3132001 w.e.f. 1.4.2001.
Please Note: From 2686 to 31397 Rs.8000; from 1497 to 3132000 Rs.
20000; from 142000 to 3132001 Rs. 30000 fee was being levied under Article VI.
3. Substituted for the words "Rs. 80" by notification No. RD 184
munomu 97(P) dated 1.4.97 w.e.f. 1.4.97.
4. Substituted for the words "Rs. 200" by notification No. RD
169 munomu 2000 dated 31.3.2000 w.e.f. 1.4.2000.
Please Note: From 2686 to 31397 Rs.8000; from 1497 to 3132000 Rs.20000
fee was being levied underArticle VIII.
IX.
The fee for opening a sealedcover 1[Rs.100] besides the expenses of copying
the superscription or contents according to the rate laid down in Article XIII.
X. The fee for withdrawal of a sealed
cover 2[Rs.200.]
1. Substituted for the words "Rs. 500" by notification No. RD
164 munomu 2001(1), dated 3132001 w.e.f. 1.4.2001.
Please Note: From 2686 to 31397 Rs.4000; from
1497 to 3132000 Rs.10000; from 142000 to 3132001 Rs.50000 fee was being levied
under Article IX.
2. Substituted for the words "Rs. 50" by notification No. RD 169
munomu 2000 dated 31.3.2000 w.e.f. 1.4.2000.
|