• Transfer flat to my name of late father the normal practice

Dear sir 

as my father expired 3 yrs back with will so i wanted to transfer in my name with no objection certificate from my mother & sister. formalities has been submitted to court and court has given order to proceed for transfer but my lawyer say i have to pay stamp duty of 7% of flat value. were as i have a if it is transfer to blood relation why 7% has to be paid. kindly guide me what is the normal practices.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1.Transfer of name occurs through recording of name in the Municipal record which is called Mutation certificate.

2. So for getting Mutation Certificate you need not make any payment towards stamp duty.

3. Since there is order of court produce the same before the Municipality.

4. The municipality will record your name in its Register.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1) no transfer charges are levied in case of transfer of flat in society between blood relatives

2) you don't have to pay 7 per cent of flat value

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

It appears letter of administration has been applied in court and your sister and mother have filed consent affidavit

2) in such a case court fees of Rs 75000 has to be paid for applying for letters of administration from

3)it depends upon market value of property

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Since the transfer is to be effected between blood relatives no transfer charges is to be paid.

2. It is not clear what is filed in the court, but if a petition for letters of administration has been filed then court fee at the slab fixed by the state stamp duty act is to be paid.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

as my father expired 3 yrs back with will so i wanted to transfer in my name with no objection certificate from my mother & sister. formalities has been submitted to court and court has given order to proceed for transfer but my lawyer say i have to pay stamp duty of 7% of flat value. were as i have a if it is transfer to blood relation why 7% has to be paid. kindly guide me what is the normal practices.

For transferring the property to your name, it is not necessary that you should approach court for this purpose.Tehsildar's office to transfer the entire property to your name on the basis of the NOC given by other legal heirs, and a legal heirship certificate could have been attached application.

There is no need to pay 7% of property value as stamp duty before court for such transfer.

You may clarify the details from some other advocate too or have a second opinion from a different advocate

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

on asking the lawyer why i have to pay stamp duty of 7% so he said the minimum amount is Rs 75000/- as all the NOC of my sister and mother is submitted to court and order against same has been issued but to make name transfer my lawyer is saying to pay stamp duty. please confirm weather i have to pay the same or have any alternative process.

What you say is unheard of.

You may consult a local lawyer in a different place and seek his opinion by producing all the relevant papers and giving proper details,. you will come to know how far this is true or false.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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