1. You will become the 100% Title-Owner of the Flat, after having Mothers 50% share transferred in your name, based on the Court order.

2. As per Stamp Act of MH State, ANY registered Deed (Sale /Gift /Release /.... ) requires payment of Stamp Duty, for the purposes of legitimate conveyance to the new owner (i.e. your sister).

3. HOWEVER, you can include your Sisters name in the Conveyance Deed (though not advised) by Gifting her only 1% in the said Property and paying Stamp Duty on value of 1%. This will be negligible and the most cheapest and legitimate for all purposes.

Keep Smiling .... Hemant Agarwal

You have to pay 3 per cent stamp duty in case gift duty is executed by sister in your favour

2) flat may have been purchased from your own funds in mother name . On her demise you and your sister have equal share in property

It is payable before execution of the document or on the day of execution of document or on the next working day of executing such a document. Execution of the document means putting signature on the instrument by the person’s party to the document.

Hi

1. First you sister in and different entity...and has the name on legal heirship of your mom ...so her property is getting transferred by gift deed on you name hence you are paying 2%of half property on her name of or of her share.

Your mother's share in the property shall devolve equally on her legal heirs comprising you and your sister.

Therefore if your sister would like to give away her share in the property to you, then she may have to execute a registered release deed relinquishing her rights in the property in your favor.

In Maharashtra state there is no stamp duty required to be paid for the transfer of immovable property within the blood relations.

You may inquire about it in the local.

Please check in the registrar office this is almost 2% changes from one state to other state

Hello,

If you want to give this property as a gift to someone then you will have to pay this stamp duty and you can not escape it.

The duties that are being paid by you goes to the state exchequer and are taken whenever there is a change in the title.

regards

1.flat was purchased in joint names of mother and you

2. so you and your mother became entitled to 50% share each

3. on demise of mother, her 50% share will go to her legal heirs -ie husband and children

4. depending on the total number of legal heirs left by your mother, her 50% share in the flat will be equally divived between the legal heirs

5. so after obtaining the letters of administration/heirship certificate, the administrator will be transferring the shares of your sisters to your name with your sisters being confirming parties in the transfer deed

6. this will transfer the entire flat to your name

7. transfer to legal heirs does not require payment of any stamp duty

8. so transfer by administrator of the shares of your sisters to your name, should not attract any stamp duty

9. the above transfer will also require the permission of the court

10. the transfer deed also has to be registered

11. so i advise that you ask a registration clerk whether stamp duty as applicable on a gift deed will be payable on the above transfer deed in which your sisters confirm the transfer of their respective shares by the administrator to your name

Dear Cleint,

For this purpose, you have to get declaration from court for absolute ownership as peropty was purchaser from your income. AS a simple rule - property is in joint ownership, so mother share will inherit in her child and sister can release her share in your favor by registered deed only and stamp duty payable. No excuse.

And in Mumbai - registration fees is just rs. 500 if gift deed executed between family members so no stamp duty leviable.

Hi,

You may have to pay the stamp duty as per the local provisions of law.

This is my response to you:

1. If the property is to be transferred from your sister to you, then you can execute a Deed of Relinquishment;

2. A Gift Deed would also work;

3. Also you don't need to pay 2% stamp duty;

4. You need to pay stamp duty which would be less than Rs.1000/- and registration charges levied by the office of the Sub-Registrar;

5. Therefore consult a good lawyer;

6. You can check this website: http://igrmaharashtra.gov.in/

7. You can also call the helpline number.