D Manjula 10 August 2020

registration of settlement deeds in tamilnadu state

Father self earned property, mother self earned property both convey their properties by way of gift settlement to only son in a single document.
The Registration department authorities
in tamilndu the above deed is two settlements asper section 5 of stamp act several instruments in single document.
The department requires two stamp duty,two registration fees.

I presumes on single document it is family settlement made by parents to only son.

please legal experts view this case please comment your solutions..

Devanathan Padmanaban

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Quick Summary

This discussion concerns the registration of a single gift settlement deed in Tamil Nadu where parents are gifting separate self-earned properties to their only son. The registration department insists on treating this as two separate instruments under Section 5 of the Stamp Act, requiring double stamp duty and registration fees. Legal experts confirm the department's stance is correct due to the distinct properties and separate ownership, even though the donee is the same.

3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 10 August 2020

Yes. The registering authorities are correct. The properties are different and in the name of two persons separately even though the donee is one and the same.

D Manjula 13 August 2020

sir,kindly enlighten me giving illustrations to know what section 5 says severa instruments in single document.

K.S.Ramaswamy Advocate (ADVOCATE) 13 August 2020

Any instruments having more than one transaction Section 5 of Indian Stamp Act applies.Therefore Registration authority is right for the query sought.