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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.



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/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.


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