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Stamp duty for probating

(Querist) 03 February 2012 This query is : Resolved 
What is stamp duty to be paid for probating a will in chennai. it appears that stamp duty is based on the rated tax indicated by the corporation. some people say it is 4% on guide line values.between the two which is correct. If one probates and if he pays 4%on guide line value then after partition an addition of 4% has to be paid for partion deed then this makes 8%.
Earlier tamil nadu government in 2005 indicated that the stamp duty to be paid in cases partion deeds within blood relations is maximum of Rs 10,000/- and this rule does not say that it is not applicable to chennai and probating and stamp duty will continue.
If some one does not probate for more than 16 years enjoys the property in his share and there is no dispute over the will
whether probate is must.
the idea of probate is only a legal certification by the court about the genuiness of the will , and when it is met where is need for probating a will.
Gopalaswamy
Devajyoti Barman (Expert) 03 February 2012
It is not the stamp duty but court fees which needs to be paid.
In WB the highest court fees for probate is Rs 50,000/-.
Someone among us from Chennai may guide you rightly.
It is must in WB.
prabhakar singh (Expert) 03 February 2012
PROBATE IS NEEDED N CHENNAI ALSO.COURT FEES VARIES FROM STATE TO STATE.IN MUMBAI IT IS Rs. 75000/
ajay sethi (Expert) 03 February 2012
Mr Arunagiri is from Chennai . he can guide you on court fees payable for probate in tamil nadu
Raj Kumar Makkad (Expert) 03 February 2012
When a person dies after making a will, it can be enforced only after a probate is issued. A probate is identified as the copy of the will certified under the seal of the court of competent jurisdiction. No right as executor or legatee can be established unless a court of competent jurisdiction in India has granted probate of the will under which the right is claimed or has been granted. Probate can be granted only to the executor appointed by the will.

A petition for the probate is to be filed in the court concerned along with the will. The petitioner should remit court fees of value equal to specified percentage (3 per cent in Tamil Nadu) of the value of assets to be inherited. The assets may include immovable properties for which to arrive at the stamp duty the value should be worked out.

Deepak Nair (Expert) 04 February 2012
Please contact Ld. Expert Mr.Arunagiri from chennai for your query.
Advocate. Arunagiri (Expert) 04 February 2012
1) The fee payable for probating the will is as under:-
When such amount or value exceeds five thousand rupees Three per cent on such
amount or value.

2) The value is decided as on the date of application for probate.

3) you can apply for probate even after 16 years. To Probate the WILL is mandatory in Chennai.


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