My daughter has inherited some agricultural lands from her Late mother. Her mother inherited the same from her father. Now maternal uncle of my daughter that is brother of her Late mothers brother is asking my daughter to release her rights in the property in his name. He is asking to execute a registered release deed. The property is situated at Bangalore. 1) What is the stamp duty to be paid for registration of release deed. 2) Do my daughter is competent to transfer her share to his maternal uncle through release deed.(she is 23 year old) regards,
23 September 2020
In this case, the transaction is within the family members as far as this property is considered. If any property acquired by her mother from self earnings, it is not told as "within family".
For the transfer of property within family members, there is concession in stamp duty and also in registration fee. Consult a local good lawyer in your area.
24 September 2020
1. "IF" daughter has duly received her Mother's property via her WILL or any other legally tenable document, THEN such already mutated /transferred property, in her hands, shall be classified as "Self Acquired" property with absolute rights to Sell /Gift / WILL /Donate / Mortgage /Whatever....
2. By virtue of above, the major age daughter may Give her property to her maternal Uncle via Gift Deed, BUT certainly not via a Release Deed. IF property is duly not mutated /transferred in daughter's name in the Revenue /Municipal records, THEN Daughter is legally NOT entitled to Sell /Gift / WILL /Donate / Mortgage /Whatever....
3. Being a Maternal Uncle, shall be classified as a Class-II legal heir, hence concessional Stamp Duty and Registration CANNOT be availed.
25 September 2020
Well advised by experts; If your mother's share is inherited then no need to one more settlement unless you want to give it back through relinquishment deed. Family settlement could be one of the option if it is a family property on which your uncle is now claiming his rights. Better consult a local lawyer to guide you correctly.