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ownership to a residential house

(Querist) 09 July 2009 This query is : Resolved 
Respected friends,
Kindly clarify the following
A (belonging to Roman catholic) died without any will. He had left a house property for his two sons. Of the two sons, one son is married and having three sons and two daughters (all are major).
The second and younger son of the deceased is not married.That second son wants to relinquish his rights in the house property in favour of his brother. what is the procedure for this relinquishment? Does it require to be registered with Sub Registrar of Registration Department? If so what will be value on which stamp duty has to be paid?
Y V Vishweshwar Rao (Expert) 09 July 2009
The share of the Second Son can be relinquished by Executing and Registeing a Relinquishment Deed in favour of other share holder/Son - and it has to be registered . - stamp duty as per Tamilnadu State Saampt Act articles

( in AP between family members - it is 1% on the share value of the Releasor )
n.k.sarin (Expert) 10 July 2009
Mr Rao is correctly advised.
Guest (Expert) 10 July 2009
For settlement/release deed among family members, applicable fees at Tamil Nadu :-

(i) Stamp duty is 1% of the market value of the portion being settled/released, subject to a maximum of Rs. 10,000/-. (ii)Registration fees is 1%, subject to a maximum of Rs. 2,000/-.
srlaksminarasimman (Querist) 10 July 2009
I thank the experts for their views. One small clarification for experts kind attention.I hope the experts noted the point that the brothers belong to Christain religion.
Jayashree Hariharan (Expert) 10 July 2009
The second son has to execute a relinquishment deed, and the stamp duty, as per the Stamp Act in whichever State he is residing.

As far as I am aware, I don't think there is any difference among religions, since this is common law, and is not related to succession.
Y V Vishweshwar Rao (Expert) 10 July 2009
Family Members /Blood Relation- is only defined in AP for Stamp Duty at 1 % , I think the same will apply to you also !
Harinarayan R. Tripathi (Expert) 11 July 2009
In reply of your query, I state that for relinquishment of rights in the immovable property, you can execute relinquishment Deed in favour of the brother to whom you want to transfer your share. The Deed is compulsorily registrable as by this deed you are transfterring immovable property as also the Deed needs to be duly stamped as per the stamp duty leviable in the particular state where the property is situate, in relation of which you want to execute relinquishment Deed.


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