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rohit   04 August 2023

Stamp duty in case of transfer of undivided share in property

If A having 25 percent share in a property (under HUDA/HSVP) transfers his share to B for a consideration of Rs 1000, the market value of property is 4000. Will the stamp duty calculated on 25% of market value i.e. Rs 1000, OR the market value of complete 100 % i.e., Rs 4000?


 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 August 2023

You have to pay stamp duty on the Market Value as per the Committee of Market Value decided.

rohit   04 August 2023

As per haryana policy, the stamp duty is calculated on sale deed value or collector rate (which ever is higher). Now the system used by registrars (Harris) calculate the collector rate for whole property (since the property cannot be divided). My doubt is 25% share means 1/4th of the market value of the whole property, so, will the stamp duty will also be 1/4th?

Advocate Bhartesh goyal (advocate)     04 August 2023

A wants to sell/transfer his 25% undivided share of property to B by registered deed so stamp duty will be charged on  market value of A's 25% undivided share of property and not on valuation of whole property 

T. Kalaiselvan, Advocate (Advocate)     05 August 2023

The stamp duty shall be payable only to the extent of the property sold and for the considration amount receive if it is higher than the market value  and if it is lower then the stamp duty shall be payable at market value of the extent of property sold

Dr. J C Vashista (Advocate and Legal Consultant)     05 August 2023

Market value shall be consideration amount, accordingly stamp duty has to paid.

Madhumilind Ravindra Kamthe   05 August 2023

Better do partition by partition deed or using partition act and sell , I forsee litigation on property in your case in future . Do systematically 

rohit   05 August 2023

Partition not possible as it is undivided share. The purchaser is member of family that owns the rest of the share and is being done with consent and the purchaser is in the property. Can there still be any loopholes in transferring share without partition?

Sanjana Mohanty   08 August 2023

In the case of transferring an undivided share in a property, the stamp duty is typically calculated on the market value of the property, not just the transferred share. In this scenario, the stamp duty would likely be calculated on the market value of the complete 100% share, which is Rs 4000, rather than just the 25% share being transferred.



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