stamp duty on a transfer of ownership to ex husband
Querist :
Anonymous
(Querist) 06 March 2019
This query is : Resolved
I got a divorce decree in a UK family court on mutual consent basis from my wife. As per terms of settlement, she has to transfer her part of ownership rights in a jointly owned flat at Bangalore. As she is unable to come to India at present, it is decided that a POA will be executed by her through Indian embassy in UK. However, I want to know answers of a few questions in this regard.
1. Divorce degree is already finally given. Now the question is will I be able to get lower stamp duty benefits in India , if a gift deed is executed by her poa ?
2. What should be the status to be shown in POA while executing it in UK before Indian embassy, an ex-husband or simply husband ? If ex-husband is shown, will it affect lower stamp duty chances ? If simply husband is shown, it will be factually incorrect as divorce decree is already given.
3. It is almost 6 months have already passed when the divorce decree was pronounced in UK family court. Is this decree needs to be ratified in Indian court also for the purpose of remarriage and other property related transfers.
4. Please suggest other appropriate methods to save on stamp duty charges.
KISHAN DUTT KALASKAR
(Expert) 07 March 2019
Dear Sir,
My answers are as follows:
1. Divorce degree is already finally given. Now the question is will I be able to get lower stamp duty benefits in India , if a gift deed is executed by her poa ?
Ans: If it is a Gift Deed you will get concession in payment of Stamp Duty since the relationship between you and your wife is known as husband and wife.
2. What should be the status to be shown in POA while executing it in UK before Indian embassy, an ex-husband or simply husband ? If ex-husband is shown, will it affect lower stamp duty chances ? If simply husband is shown, it will be factually incorrect as divorce decree is already given.
Ans: You must show your current status as ex husband and it will read with earlier relationship to get benefit of lower stamp duty.
3. It is almost 6 months have already passed when the divorce decree was pronounced in UK family court. Is this decree needs to be ratified in Indian court also for the purpose of remarriage and other property related transfers.
Ans: Normally it need not be ratified by the Indian Court unless some issue arise. Since both of you surrendered before Foreign Court and to obtained mutual divorce as such it is enforceable in India.
4. Please suggest other appropriate methods to save on stamp duty charges.
Ans: You may contact the lower advocate where your property is situated.
Please mark “LIKE” if satisfied by my answer.
Querist :
Anonymous
(Querist) 07 March 2019
For how long (duration of time), lower stamp duty benefit is available to ex husband after divorce, related to gift deed executed by wife under mutually agreed terms of divorce ?
Querist :
Anonymous
(Querist) 07 March 2019
For how long (duration of time), lower stamp duty benefit is available to ex husband after divorce, related to gift deed executed by wife under mutually agreed terms of divorce ?
Dr J C Vashista
(Expert) 09 March 2019
You will have to consult and engage a local prudent lawyer for better appreciation of facts, guidance and proceeding.
Dr J C Vashista
(Expert) 09 March 2019
Stamp duty is a State subject which differ from State to State.
No need to mention your relation while getting the document executed and registered, however, since the transaction is part of your divorce proceeding it would be "husband & wife".
Dr J C Vashista
(Expert) 09 March 2019
Unlimited time is available to get the document registered, however, sooner is better.
Dr J C Vashista
(Expert) 09 March 2019
Get your divorce decree passed by UK Court ratified in your area Court.
