Dear Sir/Madam,
we are facing a problem with my brother regarding property transfer and the facts are as follows:
Facts:
My father have 2 properties (first one land purchased and constructed with my fathers money and second one land came from my grand father to my father and constructed by father with his money)
We made oral partition in 2004
During oral partition we made an agreement on 100 rs bond paper without registration
we given second property (with original documents) to my brother and first property kept for us (i.e. my father, mother, my self and younger bother)
at that time my brother not interested to register on his name and till now both the properties are in the name of my father
now my brother decided to sell his property or want to take loan on my fathers name (because property is in my fathers name)
my father facing lot of struggle with my brother and my father want to transfer that property to my brother
my brother saying that he lost lot of money in shares, business, etc and now want to sell or take loan on that property
my father fear about his behaviour and attitude and he is thinking that after giving that property he may come again to share in the existing property also
i approached one of my friend studied law but not practicing. he said that, your problem will be solved with release deed. based on his advice we drafted a deed that we are giving 2nd property to my brother on oral partition as on so and so and now we are releasing that property to him. And my brother and his legal heirs dont have any rights on 1st house and dont have any rights on movable or immovable properties belongs to my father & mother. My brother also agreed and we went for registration.
The sub-registerer said that the stamp duty will applicable on the 2nd property only and need to be paid on the property market value. My brother not agreed to pay that much amount. And he approached one of the writer in the town and he modified the content like "my parents and my self dont have any rights on his property". So we also agreed and went for registration and then sub-registerer saying that stamp duty has to pay on both the properties why because your brother added above content.
Is it required to pay stamp duty on both the properties..
I am thinking that we are releasing only one property and we have to pay stamp duty on one property only..
But sub-registerer saying because of your brother added that matter you have to pay stamp duty on both the properties..
Please help me out
In this situation what we have to do..
