LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Siddique (OWNER)     09 June 2016

Stamp duty applicable on a famiy settlement deed

Dear Experts,

Our spinster sister owned a flat in a CHS in Mumbai.

 

She expired intestate. She had 4 brothers, who are now the legal heirs. The 3 brothers are willing to give their consent (NOC/family settlement affidavit) stating that they are agreeable to my transferring the flat in my name ( I am one of the 4 brothers & I continue to live in the said flat ever since my sister's death ).

 

I am told that since there is no monetary compensation involved in the above documents, under article 58 (a) of the Stamp Act, I am eligible for concessional stamp duty and Registraton Fee as under:

 

"stamp duty @ 1 % of property value with the maximum capped at 25,000; and registration fee @ 1 % with a maximum at 4000.

 

Would some expert let me know if the above is correct. If not, what are the revised rate.

 

Thanks in advance.



 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 June 2016

The utility of the instrument of family settlement for tax planning may be examined in the context of : (1) joint family properties, and (2) individual properties.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register