L. A. BILL No. XLV OF 2026.

A BILL

further to amend the Maharashtra Stamp Act.

WHEREAS it is expedient further to amend the Maharashtra Stamp Act

for the purposes hereinafter appearing; it is hereby enacted in the Seventy-

seventh Year of the Republic of India as follows :—

1.  This Act may be called the Maharashtra Stamp (Third Amendment)

Act, 2026.

2.  In section 48 of the Maharashtra Stamp Act, in clause (1), to the

proviso, the following Explanation shall be added, namely :—

LX of

1958.

Short title.

LX of

1958.

Amendment of

section 48 of

LX of 1958.

)१(

RNI No. MAHENG /2009/35528

महाारााष्ट्रट शाासन रााजपत्र

असाधाारण भााग आठ

वर्षष १२, अंंक ३३(२)]

मंंगळवार, जूून ३०, २०२६/आषााढ ९, शकेे १९४८

[पृृष्ठेे 3, किं�ंमत : रुपयेे २७.००

असाधाारण क्रमांं�क ७२

प्रााधि�कृृत प्रकााशन

महाारााष्ट्र वि�धाानमंंडळाचेे अधि�नि�य

म व रााज्यपाालांं�नी प्रख्यापि�त केेलेेलेे अध्यादेेश व केेलेेलेे

वि�नि�य

म आणि� वि�धि� व न्याय वि�भाागाकडूून आलेेली वि�धेेयकेे (इंंग्रजी अनुुवाद).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of the Maharashtra Stamp (Third Amendment) Bill, 2026 (L. A. Bill No. XLV of 2026),

introduced in the Maharashtra Legislative Assembly on the 30th June 2026, is hereby published

under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SUPRIYA DHAWARE,

Secretary (Legislation) to Government,

Law and Judiciary Department.

भाग आठ-७२–१

2

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, जून ३०, २०२६/आषषाढ ९, शके १९४८

“Explanation.— The provisions of this proviso shall not be applicable to

any other instruments including Development Agreement, chargeable with the

same amount of stamp duty as is chargeable for agreement to sale. ”.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, जून ३०, २०२६/आषषाढ ९, शके १९४८

3

STATEMENT OF OBJECTS AND REASONS

Proviso to clause (1) of section 48 of the Maharashtra Stamp Act (LX of

1958) provides that, where an agreement to sale is cancelled by a registered

cancellation deed for whatsoever reasons before taking the possession of the

property, within a period of five years from the date of its execution, then the

application for refund under section 47 may be made within a period of one

year from the date of registration of cancellation deed.

2.  Instruments such as Development Agreements, Certificate of sale,

agreement of leases, etc. are also chargeable with the same amount of stamp

duty as an agreement to sale as per various articles of Schedule I of the said

Act. The applications for refunds of stamp duty paid are made to the Collector

under the said proviso in respect of such instruments if they are cancelled,

revoked, rescinded or terminated on the ground that the amount of stamp duty

is same as agreement to sale. The intention of granting refund in case of

agreement to sale under the said proviso is to give stamp duty relief to individual

buyers where, even after execution and payment of stamp duty, possession of

property is not taken and such agreement is duly cancelled.

3.  The Government, therefore, in the interest of revenue, considers it

expedient to clarify that, the provisions of proviso to clause (1) of section 48 of

the said Act shall not be applicable to any other instruments including

Development Agreement, chargeable with the same amount of stamp duty as

is chargeable for agreement to sale by amending the said section, suitably.

4.  The Bill seeks to achieve the above objectives.

CHANDRASHEKHAR BAWANKULE,

Mumbai,

Minister for Revenue.

dated the 29th June 2026.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.