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regarding hakka sode patra (Relinquishment of rights )

Querist : Anonymous (Querist) 25 September 2010 This query is : Resolved 
Respected Sir/Madam,
My father & mother purchase a agri land of one acer it was in their both name. After that my father was expire due to illness. Then the Talati put my , my brother & my sister name on 7/12 extract. My brother & sister not intrested in that land so i meet to Talati he said that you can take Hakka sode from your sister but for mother & brother you have do sale deed. Sir, in this case I am very confused pl. send your guideline as per law in Maharashtra State
R.Ramachandran (Expert) 26 September 2010
Hakka Soda can be given by your brother, sister and mother in your favour, if they are willing to do so. There is no need for your mother and brother to exexute a Sale Deed. Your mother and brother can also make a Hakka Soda Patra. But the Hakka Soda Patra is to be got registered, otherwise it will lose its effect.
Querist : Anonymous (Querist) 26 September 2010
Respected Sir,
Thanks for reply to my query regarding "Hakka Sode Patre (Relinquishment of Right), Sir I have one query that whether this Hakka Sode Patra register on Rs.500/- Stamp paper or having full stamp duty. Before registration any formality is there is done by us i.e. noting of Hakka of each member including their rights etc. Sir I kindly request you that for this can you tell me the rule or gr no as our Talati not agreed for this point. If you send me the rule or gr details I can able to show to that Talati., With Warm Regards.....Aher
R.Ramachandran (Expert) 27 September 2010
Stamp duty rates applicable to different instruments are fixed by the respective State Governments. Though, we can refer to the Stamp Act, Schedue-I, refer to the particular State and state the rate applicable, yet we will not be sure whether any amendment had taken place. To that extent our information may not be accurate. Therefore, it would be better, if you could visit the office of the registrar or any local lawyer and ascertain the stamp duty payable. But be sure, the amount of stamp duty payable on Hakka Sode Patre would be very very less compared to the normal stamp duty payable on the sale deed.


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