deed of conveyance
p k kapoor
(Querist) 20 September 2010
This query is : Resolved
Deeds of conveyance in respect of two flats are in the name of my father. After his expiry,my brother and myself are the legal heirs of father's property.
I like to get the change of name in deed of conveyance. One flat in the name of my brother and another in my name.
My queries are-
(i)whether for change of name in deed of conveyance of such inherited property, am I required to pay full stamp duty and other charges?
(ii) What are the charges payable to government for such change of name in deed of conveyance.
R.Ramachandran
(Expert) 20 September 2010
Dear Mr. Kapoor,
There is no requirement for payment of any stamp duty on the property which devolves on the heirs by means of inheritence.
But, both of you have to get into a proper mutual agreement as to which flat will go to whom. Get this agreement registered. On this basis, you can have the flats mutated in your respective names. (The question of getting the names changed in the Conveyance Deed does not arise).
Sri Vijayan.A
(Expert) 20 September 2010
The deed what Mr.Ramachandran advised is nothig but Partition deed.
This deed has to be registered.
It attracts Stamp duty and Registration fee.
As it is between family members and both are already owners of the properties in undivided shares, there is a concession in the duty and fee.
Different states have different tariffs of duty and fee
Ajay Bansal
(Expert) 21 September 2010
R.RAMACHANDRAN IS CORRECT.
Rasik Dagli
(Expert) 21 September 2010
If your father has not made a will, names of both the bothers ( provided there are no other legal hiers) can be mutated in the property records on firnishing Death Certificate. Therafter both the brother can release his share in favour of another brother. Release Deed will have to be registered and it will attract Stamp Duty of your State. After release Deeds are registered each brother can become individual owner of the flat from which another brother has released his rights.
RASIK DAGLI
Advocate.
Chanchal Nag Chowdhury
(Expert) 21 September 2010
There is no way U c an change the name in a Deed of conveyance. The only way out is to partition the 2 properties amongst U 2, amicably, if possible,& get your names mutated.
