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D Manjula   09 August 2020

Registration fees stamp duty

Two persons acquired properties separately in their name.Then they jointly executed a gift settlement in favour of own sister.
The so registrar in chennai required two registration fees, two stamp duty under section 5 of stamp act.
please confirm his action is correct

yours faithfully
Padmanaban Devanathan


Learning

 7 Replies

Dr J C Vashista (Advocate)     10 August 2020

Stamp duty is a State subject which differs from state to state.

It is advisable to consult concerned sub-registrar or local prudent lawyer.

G.L.N. Prasad (Retired employee.)     10 August 2020

The properties are separately acquired by two brothers through separate deeds and each one can gift his property alone.   To avoid confusion and to make records straight and clear, the Registrar has properly advised you to register gift deed separately and at the end it makes no difference to brothers and the sister may be having two title deeds instead one.

D Manjula   10 August 2020

sir ,please even two brothers have self earned properties they are leberty write a singe settlement deed their only sister what is wrong in it.The registration department asking two stamp duty two registration fees.It is horrible and giving much worries to citizens.

G.L.N. Prasad (Retired employee.)     10 August 2020

If you are not happy with Registrar's orders either you can file RTI Application and seek such laid down norms/orders/notification or file a grievance in their online portal.

Information solicited:

1. Please provide me a certified copy of laid down norms/orders/circulars/notification that states that when two persons wish to register their individual properties in the name of one single third party, two gifts deeds separately are necessary and one gift deed executed by both showing the schedules is not permissible (.two registration fees, two stamp duty under section 5 of stamp act.)

D Manjula   10 August 2020

even two personnel having individal separate properties they can made settlement in favour their own sister as family settlement in a single instrument, why the sub registrar classified in section 5 of the stamp act,section s says several instruments in single deed.please eminent advocates examine this case whether section 5 attracts this case,

P. Venu (Advocate)     11 August 2020

Section 5 of the Tamil Nadu Stamp Act provides as follows:

5. Any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters, would be chargeable under this Act. 

See the portion underlined. The action of the Registrar, as I could understand, is in accordance of the extant legal provision.

In fact, The Kerala Stamp Act has also identical provision.

D Manjula   11 August 2020

thankyou sir for your valid opinion
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