Amit Bhardwaj 30 April 2026
Dr. J C Vashista (Advocate ) 01 May 2026
As the property is self-acquired by both of you, she cannot transfer it to you through Relinquishment Deed, which is applicable to inherited property.
She may transfer her share in the property through Gift / Sale Deed and/or a Will.
T. Kalaiselvan, Advocate (Advocate) 01 May 2026
For a wife transferring her share in a jointly owned residential or agricultural property to her husband in Maharashtra, the stamp duty is typically a nominal fixed fee of ₹200.
This concessional rate applies to property transfers among close family members including spouses, when the transfer is made as a gift without monetary consideration.
Fixed at ₹200 for residential or agricultural property gifted to a spouse.
P. Venu (Advocate) 02 May 2026
The option is in gifting the property.
Amit Bhardwaj 03 May 2026
I am looking at the THE MAHARASHTRA STAMP ACT. Article 52 – Release covers this scenario. There are two clauses:
Clause (a): If the release deed of an ancestral property or part thereof is executed by or in favour of brother or sister (children of renouncer's parents) or son or daughter or son of predeceased son or daughter of predeceased son or father or mother or spouse of the renouncer or the legal heirs of the above relations, without consideration in any form — the stamp duty is Rs. 200 (Two hundred rupees).
Clause (b): In any other case — the same duty as is leviable on a conveyance under clause (a), (b), or (c) as the case may be, of Article 25 on the market value of the share, interest, part or claim renounced.
Could u tell me where in Act it says relinquish deed is not possible but only Gift deed ?
However, there are important conditions:
The property must be ancestral property and my property is not ancestral, so 200Rs might not apply here, isnot it ?
Dr. J C Vashista (Advocate ) 04 May 2026
@ Arun Bhardwaj,
Since you are aware about the provision of law applicable in your case and Stamp Act is a State subject, it would be appropriate to seek guidance of a local Sub-Registrar / deed writer / lawyer.
T. Kalaiselvan, Advocate (Advocate) 05 May 2026
As rightly conveyed you may take the assistance of a local deed writer or approach any official of the concerned sub registrar office, get the things clarified in person asnd get a clear idea personally instead of repeatedly writing in such forums where you will get only limited suggestions or opinions.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 07 May 2026
Is it a flat in a co-operative housing society? If so both your names will be in the share certificate. If the name of your wife is second in the certificate, she has only to apply to the society to remove her name from the certificate. If it is not a co-operative housing society there are Bombay High Court judgement saying that for relinquishment deeds with no consideration there will be only a nominal stamp duty.