• Gift or disclaim of property

My mother, we four brothers and one sister, are in possession of some ancestral agricultural land in Andhra Pradesh. My mother and we brothers want to disclaim or gift the property in favour of our sister, without any consideration.

If we gift it to our sister, it seems the registration charges would be 3% of the cost of land, which is going to be very high. How can we transfer the property to our sister incurring minimum charges ?
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

You can execute relinquishment deed to relinquish your share in property

Stamp duty is state subject and varies from state to state

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Yes you may transfer the property by a partition deed suit in civil court where you need to agree to transfer your shares to your sisters.

By your witness in the court in this regard the court will allow the partition in favour of sisters.

After the order the property may be mutated in their names.

This is very less expensive.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

These are the minimum charges that will be incurred

There is no way that the property is transferred without payment of the registration fee to the government

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You directly relinquish the property through a registered renquish deed.

As per Andhra pradesh stamp duty act

Upto thousand rupees:

(A) 3 rupees for every

one hundred rupees or

part thereof on the

consideration for such

release as setforth therein

or the market value of the

property whichever is

higher, over which claim is

relinquished.

B Where it exceeds Rs. 1,000/- The Same duty as under

the Clause (a) for the first

Rs. 1,000 and for every Rs.

500 or part thereof in

excess of Rs.1000/- fifteen

rupees on the

consideration or market

value of the property,

whichever is higher over

which claim is

relinquished

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As per newspaper reports stamp duty is 3 per cent for release deed in AP

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

The market value that is in existing jantari value of agriculture land you have to pay the stamp duty. That is 3 rs. Per 100 upto thousand rupees and above that 15 rupees per 500 rs..

The jantari values are less and the deed won't cost you much as mantri value are less for agricultural land.

Which comes down to 3%.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Stamp duty will be attracted both on gift and relinquishment.

You cannot altogether avoid the payment of stamp duty.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Kindly consult some local lawyer

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Any way of legal transfer through registered gift deed or relinquishment deed will cost Registration charges. Only through will there are no charges.

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

It would be very less as it carries only the documentation fees plus few thousand as registration fees if Relinquishment without consideration.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can execute a registered release deed relinquishing your rights in her favor.

The transfer of immovable property by this manner may incur less cost.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

The charges towards stamp duty and registration can be enquired locally as the same is a local subject.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer