Registration charges for release deed.

narayana bl (Querist) 23 September 2020 This query is : Resolved
Dear sir/madam,

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,

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Quick Summary

This discussion addresses the stamp duty and validity of a release deed for inherited agricultural land in Bangalore. While stamp duty rates vary by state, it's suggested that for family members in Bangalore, it might be around Rs. 5,000, though concessions may not apply if the property is considered self-acquired. A 23-year-old is legally competent to execute such a deed. However, experts advise that a Gift Deed might be more appropriate than a Release Deed, especially if the property hasn't been formally mutated into the daughter's name. Consulting a local lawyer with all relevant documents is strongly recommended for accurate guidance.

kavksatyanarayana (Expert) 23 September 2020
The Stamp duties vary from one State to another State. However, to my best, the Stamp duty for Release Deed between family members in Bangulur is Rs.5,000/-

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Sri Vijayan.A (Expert) 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.

Dr J C Vashista (Expert) 24 September 2020
Some local lawyer would be helpful to you and your daughter for proper guidance and proceeding as stamp duty is a State subject which differ from state to state.

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Rajendra K Goyal (Expert) 24 September 2020
Stamp duty differ from state to state, confirm locally.

She is 23 years old, able to enter into a valid contract, she can execute release deed.

P. Venu (Expert) 24 September 2020
Facts posted are incomplete. How did the late mother inherit the property from her father? Was there a family partition?

So also, how did the daughter get the property from her late mother? Certainly, it cannot be a case of inheritance as she is not the sole legal heir.

Hemant Agarwal (Expert) 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.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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krishna mohan (Expert) 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.

Rajendra K Goyal (Expert) 25 September 2020
Show all documents to local lawyer and discuss in detail through all angles and find out step most suitable.

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