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Srinivas (Director)     10 August 2011

Transfer of property rights

Dear LCI Gurus,

 

My father died intestate leaving several properties in Andhra Pradesh and Tamil Nadu.

He is succeded by wife, son and two daughters. All children want to transfer all rights in the property to their mother.

 

What is the most time and cost effective way to transfer or pass on the rights in the property to the mother?

We want to do this so there wont be future litigation.

Please suggest possible alternatives.

best wishes,

 

Srinivas



Learning

 6 Replies

G.Ashokapathy (Advocate/Arbitrator)     10 August 2011

Execute a relase deed. Simple. For properties in Tamil Nadu the stamp duty is 1 % the Value subjec to a max of Rs.10,000/- and the Registration Fees is Rs.2000/-. 

Srinivas (Director)     11 August 2011

Thanks. Is there a concept of release deed in Hyderabad as well?

 

G.Ashokapathy (Advocate/Arbitrator)     12 August 2011

Sure you can execute a release deed in Hyderabad too. I am not aware of the stamp duty and registration fees payable in Hyderabad. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 August 2011

There is a Mumbai High Court decision that when claims are renounced by some of the heirs in favour of other heirs to property without compensation, only a nominal stamp duty of a few hundred rupees is payable. I do not know what in other States. The reasons stated by the High Court should be valid everywhere. 

I know at least in Tamilnadu stamp duty is being levied. But probably no one has contested it unlike the cases in Maharashtra

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 August 2011

The High Court judgement is attached.


Attached File : 84227 203857 6 stamp duty on renouncing.pdf downloaded: 91 times

G.Ashokapathy (Advocate/Arbitrator)     22 August 2011

In the Tamil Nadu originally the Registration Department was charging 4 % of Stamp duty on release and settlement. This 4 % was on the value fixed by the government. There were some Writ petitions filed against the same. It was contented that the stamp act states only 4 % on the value set forth  and the value set forth can not be the value fixed by the Govt. The Court finally held that the value set forth can not be the  value fixed by the Govt. and that it shall be the value stated by the executant.  

 This caused loss to the Govt. So the Tamil Nadu ammendment to stamp act  was brought in and now 1% on  the guide line value or the value quoted by the executant which ever is higher is taken for stamp duty but then it is  subject to the maximum of Rs.10,000/- 


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