rikin (manag) 21 September 2012

Stamp validity

my grandfather had clearly distributed property to 3 son on 20 rs stamp(yaddast namu). but we dont registered this .now he is dead , we maintain grandmother, now we want to register our share mantioned in the 20 rs stamp. some says stamp is not valid,is it true???

one friend advised me to get grandmother to court against magistrate and file will and vasitnamuon 500rs stamp saying thatunregistered 20rs. mantion share to be true, and present this this statement for registration...

is it a right move???

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S Jadhav 98336 98330 (Jadhav & Associates) 22 September 2012

Please take help of a local advocate to sort the matter. You have not provided details about the date of the document, your religion, the witnesses to the document, etc.

As per law, any transaction related to immovable property have to be by a registered deed. In the absence of such a registered deed the document is not admissible as evidence and cannot be relied upon.

My suggestion is that now since your father is no more, the property will be divided into the legal heirs as per your personal law. If the division as per the law is simlar to the distribution you had when your father made the document then please transfer the rpoperty in your respective names.

If the distribution is different, you may discuss with each other and finalise the same. After that complete the transfer in the names of new owners and pay the proper stamp duty and registration charges.

There are concessions available in the charges since the property is distibuted on death of the holder.

S Jadhav