Transfer of immovable property without stamp duty

arun (Querist) 14 December 2011 This query is : Resolved
I purchased one flat and one shop in my wife's name in 2001. I paid all consideration for both properties. Now I want to transfer these properties in my name without paying any stamp duty. Is it possible and how ? Please advise also whether if irrevocable power of attorney will be as good as transfer or sale deed.

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Sailesh Kumar Shah (Expert) 14 December 2011
no, without paying stamp duty. You can't transfer. By I-POA, transfer can't also made.

ajay sethi (Expert) 14 December 2011
your wife can execute a gift deed in your favour .however you ahve to pay stamp duty and registartion charges .

irrevocable power of attorney wont serve the purpose

M.Sheik Mohammed Ali (Expert) 14 December 2011
yes, follow the above experts replies.

sanjeev murthy desai (Expert) 14 December 2011
Transfer may be happen without paying stamp duty however it does not amount/support to valid transfer under laws. It is your mandatory duty pay the proper stamp duty when transfer occurred. If does not pay such duty at the time transfer subsequently you may have to pay penalty imposed by the concerned authorities.

POA creates only agency to do something or not to do something on be half of principal however it does not transfer any title

Advocate M.Bhadra (Expert) 14 December 2011
Without valid stamp duty and registration charge you can not transfer the property,however registration cost will be low amount if a Deed of Gift would executed by your wife.

adv. rajeev ( rajoo ) (Expert) 14 December 2011
You can change the name without single paise spending. Just your wife has to execute the rights relinquish deed. On the basis of it you can enter your name to the property. But it is not safe if your wife took U turn then you will be under trouble.
Dont care about the expenses register the rights relinquish deed and be happy

Rasik Dagli (Expert) 14 December 2011
You can not transfer without paying the Stamp Duty.
R.V.DAGLI
Advocate

Raj Kumar Makkad (Expert) 15 December 2011
I also add myself in the common advice of the experts.

Guest (Expert) 15 December 2011
Gift deed by your wife in your favour will be much better.

prabhakar singh (Expert) 18 December 2011
Once a property is held in any name,be it any relation,wife or some one else,transfer can validly take by a proper recognized mode laid in Transfer of Property Act,only after paying stamp duty and getting such deed registered.

An alternate available to you is to file a law suit of declaration against your wife that you are ostensible owner [benami] of properties in question as you have bought it from your funds in her name where in a compromise can be entered into for the purpose by admission of your wife in your suits' favor.

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