We have purchased residential plot in 1994 via general power of attorney from third party which was duly registered in sub registrar office but didnot submitted to HUDA, Haryana. Now in Aug 2017, we are executing a conveyance deed in my father name. And then My father will transfer to my mother for registry purpose as stamp duty is less on women. The said property was never had registry. 1.so i wanted to know whether this case can come in the purview of blood relation? 2. do we have to show white money transaction for this transfer? 3. can stamp duty be avoided in this case? what will be the calculation for stamp duty? 4. conveyance deed as a proof of ownership for my father?
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1)father executing gift deed in favour of mother will attract lower stamp duty
2) you dont have to show consideration for his transfer . it can be out of love and affection father executes gift deed in favour of mother
3) stamp duty is state subject varies from state to state . it should attract nominal stamp duty
4) conveyance deed is proof that your father is owner of property
1) as per article in hindustan times May 28, 2014 20:37 IST
Following in the footsteps of neighbouring Punjab, the council of ministers in Haryana on Wednesday decided to exempt transfer of immovable property within blood relatives from stamp duty.
The exemption would be applicable for parents, children, grand children, brothers, sisters and between spouses.
While making conveyance deed in your father name you have to pay the stamp duty as per the circle rate.. After getting plot registerd in his name , he can transfer to your mother ..transfering the plot to your mother will not include stamp duty..2) conveyance deed will be done , in the name of GPA holder
so, firstly we have make conveyance deed in my fathers name from third party and then we have to make gift deed instead of registry?? right now i am totally confused what to do. i am elaborating my doings till now 1. we have made conveyance deed between third party(GPA giver) and my father (GPA holder) on a stamp paper of 10,000 rs and we have submitted it to HUDA. original cost of plot was Rs 9013. 2. now my advisor was saying it will also be submitted to court for registering purpose 3. Please advise me after this? should we go for registry in favor of my mother or should we prefer gift deed? 4. Does conveyance deed hold the same value as registry holds? 5. in case we go for gift deed, then also we need to go for registry?? pls explain , i am really very helpless, agent is saying that you have to show consideration for registry purpose in my mother name 5.
Sale deed executed in favour of your father requires registration . It is mandatory
2) then your father can later execute gift deed in your mother favour
3) gift deed had to be duly registered
1.so i wanted to know whether this case can come in the purview of blood relation?
First confirm the seller's title by a registered deed on is name then he can think of transferring the same as per his wish.
2. do we have to show white money transaction for this transfer?
Black money transaction will not fetch you the legal validity.
3. can stamp duty be avoided in this case? what will be the calculation for stamp duty?
For registering the deed, applicable stamp duty has to be paid, you cannot avoid it.
4. conveyance deed as a proof of ownership for my father?
It should be by a registered document otherwise it is not valid.
2. now my advisor was saying it will also be submitted to court for registering purpose
3. Please advise me after this? should we go for registry in favor of my mother or should we prefer gift deed?
The transferor's title to the property can be confirmed only by a registered document standing on his name
Without that he cannot execute any transfer document in favor of anyone and any such unregistered document is invalid in law,Dont be misguided to avoid paying stamp duty, you may not find a permanent solution to this.
4. Does conveyance deed hold the same value as registry holds?
Yes, if it is a registered document.
5. in case we go for gift deed, then also we need to go for registry??
Unregistered gift deed is not valid in law.
Spouses are not related by blood, so unless the notification specifically exempts a transfer between spouses from payment of stamp duty, the stamp duty will be leviable according to Stamp Duty Act prevailing in the state.
1. Sale deed has to be compulsorily registered. Title does not pass unless the sale deed is registered.
2. Gift deed too has to be mandatorily registered.