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vipindesai2002 (SFM)     25 May 2010

Release deed or Gift Deed?

I purchased one house at Pune with my funds and agreement to sale is executed with the builder.Final sale-deed is not executed.Although I have paid the initial contribution out of my own funds and the loan installments are being paid by me,the fact remains that I had kept my wife's name,too as joint owner out of love and affection and to avoid any succession issue after my death.I repeat,final sale-deed is yet to be executed.Now due to administrative inconvinience in claiming House building Allowance from my employer because of house being in joint names,I want to remove  the name of my wife for which she has no objection.My advocate has advised me to go for release deed and asked to be prepared for whatever stamp duty becomes payable under Maharashtra State Stamp Act.

My question is:1.Should I go for release deed or gift deed? will it make any difference in stamp-duty? 2.What will be stamp duty in both cases? 3.Does the fact that the property is only at Agreement to Sale level,makes any difference in stamp duty?



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 4 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     25 May 2010

release deed will do, go ahead with release deed, as it is matter where joint name is therefore rather then gift deed, release deed is required.

vipindesai2002 (SFM)     25 May 2010

If my wife has a share,she should be able to gift it.If both gift/release deed are valid,question reg.stamp duty needs to be addressed.Also take into a/c documentation being on Agreement to sale level.

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     25 May 2010

well both gift deed or release deed should be on atleast on the stamp paper of Rs. 100/- consult your advocate on the issue of expenses you will have to incur on the same.

stamp duty payment will be same under both the option.

m.kupparaju (Advocate)     28 May 2010

Dear Vipin Desai,

 

As you have mentioned that the Sale Deed is not executed, when the Sale Deed is executed and registered in joint names of both you and your wife, then only both will become Joint Owners.  In such case only either of the owner wants to release/relinquish his right and interest in the joint property in favour of the otherowner who is interested in that right, it is proper to execute the release deed as both are husband and wife and the stamp duty will be nominal.  Tell your advocate it is not neceessary to execute any release deed becuase Sale Deed is not executed in your joint names.  Only Sale Agreement is entered, you can request the Vendor to execute Sale Deed in your name only as per your requirement.


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