Diya 30 July 2016

Stamp duty % kolkata

I need this advise from prefrably someone who is well versed with stamp duty laws in West Bengal. I live abroad and I have sought some legal advise back in India. This question is to seek a confirmation

Premise -

My ancestral home in Kolkata is under my grandmother's name. My grandma has passed away and currently my uncle and family resides there and my mother lives there too. My father has passed away a few years back. My father and uncle has a married sister . My uncle has initiated the property name transfer to his name and my name on a 50-50 basis( he is the son and I am the granddaughter of the owner i.e my deceased grandma). While everything is in order ( my aunt i.e uncle's sister is willing to give up her share), i need some advise what will be the stamp duty %. The advise we have got is is that it will be 0.5% for my uncle( son of the deceased) and 6% for me( grand daughter i.e son's issue of the deceased). I wanted to verify this information .Thanks

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2 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 30 July 2016

Diyaji, family member means husband, wife, son, daughter, brother and sister and you will come under other family member. the stamp duty payable is 0.5% to family members and for you it is 6% for muncipal or corporation arears and 5% for panchayat areas.

Diya 31 July 2016

Thank you Sir- a much helpful reply. If i may ask another question just to clarify my doubt- my grand ma died without a will and my father has pre deceased my grand ma ( we are hindu).As per the hindu succession act - does it make me a heir of 1 share & 1 share each goes to my uncle and her sister(3 shares in total)? If so, if i claim back my share of the property, do i need to pay stamp duty @ 6% ( we are in Kolkata municipal area)?