Succession certificate - stamp duty & registration required?
Siddique
(Querist) 24 July 2016
This query is : Resolved
Hello All,
I am the legal heir who is also the sole-occupier of a CHS flat in Mumbai, got a Succession Certificate issued in my name from the Court after following all due process.
Now this Succession Certificate would be submitted by me to the Society for initiating the membership transfer process.
I would like to know :
1) if I would still be required to pay the Stamp Duty ?
2) Will the Registration be needed with the Collector's Office / Revenue department ? considering if the property is to be sold in future.
3) If "Yes" to any of the above, then is it to be done before applying for membership to the Society ?
Requesting the Experts to kindly enlighten with their valuable inputs.
Thanks.
Devajyoti Barman
(Expert) 24 July 2016
1. This is called court fees and not stamp duty which differs from state to state.
2.No
3. NA
R.K Nanda
(Expert) 24 July 2016
Nothing to add.
Siddique
(Querist) 25 July 2016
Dear Experts,
Thanks for your comments & time.
@ Expert : Devajyoti Barman :
By "Stamp Duty", I was referring to the amount paid to the Revenue Department / Collector's office which is at Old Customs House, Fort, in Mumbai.
By Court Fee, I understand that, the Court Stamps which are affixed on the Succession Certificate but I actually meant was the "Stamp Duty" I mentioned in above para.
P. Venu
(Expert) 25 July 2016
It is felt that the succession certificate only decides the transfer of share in the Society. Are you the only legal heir to the deceased person?
Rajendra K Goyal
(Expert) 26 July 2016
Discuss with local lawyer. Stamp fee differ from state to state.
Siddique
(Querist) 26 July 2016
Dear Expert : Rajendra K Goyal Sir,
Thanks for enlightening but I am still curious to know if the Stamp Duy & Registration of the flat is still needful (or rather desirable) even if I got a Succession Certificate from the Court ?
Thanks again Sir.
