An agreement to assignment (agreement for assignment) transfers an allottee’s rights under a registered agreement for sale of an under-construction flat to a new buyer, usually as a tripartite document signed by the developer as confirming party. It must be registered, and stamp duty is charged as a conveyance on market value; Maharashtra allows set-off of duty already paid on the original agreement in specified cases, so only the balance may be payable. Developer NOC and any transfer charge are required.
How an assignment works
- The original buyer has a registered agreement for sale with the developer and has paid part of the price.
- A new buyer pays the original buyer the agreed amount (often the amount paid so far plus a premium).
- The developer consents, sometimes for a transfer charge, and confirms the balance payable.
- All three sign the registered agreement to assignment; the new buyer pays the remaining instalments and takes possession.
The new buyer takes over every right under the original agreement — possession date, RERA delay interest, parking and amenities.
Documents required for agreement to assignment
Original buyer (assignor)
- Registered agreement for sale and Index-II
- Stamp duty and payment receipts to the developer
- Bank NOC / loan closure letter, if under loan
- Aadhaar and PAN card
New buyer (assignee)
- Aadhaar and PAN card
- Passport-size photographs
- Loan sanction letter, if any
Developer
- NOC for assignment and transfer charge receipt
- Authority letter of signatory
- Aadhaar of two witnesses
How the agreement to assignment process works
- Check the agreement
We read the transfer clause in the registered agreement for sale and any developer transfer charges.
- Developer and bank NOC
We help obtain the developer’s NOC and the lender’s closure letter or consent.
- Draft the tripartite agreement
Consideration, amounts paid to the developer, balance payable and possession rights clearly recorded.
- Stamp duty with set-off
We compute duty on market value and the set-off available for duty paid on the original agreement.
- Register and update
Registered at the Sub-Registrar; developer’s records and MahaRERA allottee details updated.
Get your agreement to assignment done without the guesswork
Send your details on WhatsApp. We share the exact document list and stamp-duty estimate before you pay anything.
Stamp duty and tax points
- Stamp duty is charged on market value, with set-off of the duty paid on the original agreement where the Stamp Act allows it. We calculate the exact balance.
- Capital gains — the original buyer’s gain on assignment is taxable; holding period counts from the date of the original agreement.
- TDS — if the consideration is ₹50 lakh or more, the new buyer deducts 1% TDS under Section 194-IA.
Agreement to Assignment in Pune, Pimpri-Chinchwad, Mumbai, Thane & Palghar
We handle agreement to assignment for clients across these cities. What differs locally:
| City | What to know locally |
|---|---|
| Pune | Stamp duty ~7% in PMC limits (6% for women), incl. metro cess & LBT. Registered at Haveli and Pune city Sub-Registrar offices. |
| Pimpri-Chinchwad | Stamp duty ~7% in PCMC limits (6% for women), incl. metro cess & LBT. Registered at Jurisdictional Sub-Registrar office for Pimpri-Chinchwad (Haveli / Maval / Mulshi as applicable). |
| Mumbai | Stamp duty 6% in BMC limits incl. 1% metro cess (5% for women). Registered at Mumbai City and Mumbai Suburban Sub-Registrar offices. |
| Thane | Stamp duty ~7% in TMC limits (6% for women), incl. metro cess & LBT. Registered at Thane district Sub-Registrar offices (Thane, Kalyan, Bhiwandi, Ulhasnagar, Ambernath). |
| Palghar | Stamp duty ~4–7% depending on corporation, council or gram panchayat limits. Registered at Palghar district Sub-Registrar offices (Vasai, Palghar, Dahanu and others). |
Frequently asked questions
Can I sell my flat before possession?
Yes, by assigning your rights under the registered agreement for sale to a new buyer through a registered agreement to assignment, with the developer’s consent.
Is developer consent needed for assignment?
Almost always. Most agreements require the developer’s NOC and some charge a transfer fee. The developer usually signs as a confirming party.
Is stamp duty paid again on assignment?
Stamp duty is charged on market value, but Maharashtra allows set-off of the duty already paid on the original agreement in specified cases, so often only the balance is payable. We confirm before you sign.
What happens to my home loan?
Your loan must be closed or the bank’s consent obtained. The new buyer’s bank then sanctions a fresh loan against the assignment and the original agreement.
Does the new buyer get RERA protection?
Yes. The assignee steps into the shoes of the original allottee, including possession timelines and delay interest under RERA.
