• Married daughters share in fathers assets.

My Father died in 1999 and Mother died in 2006 leaving 4 sons and 2 daughters and an asset. The asset was my father,s totally self acquired property, purchased in year 1959, in the name of a firm and my father was sole proprietor, partner and owner of the firm. Later on my 4 brothers became partners in the firm 
 and as soon as my father died, my 4 brothers registered their names and entered in property card in city survey office depriving we 2 sisters share. When we asked for our share in asset our brothers said they are the only 4 partners in the firm.
As per legal advise, I am now filing a suit for our share. I am 59 years old. The advocate at my place said I am eligible for 1/6 share in asset and as per current government value the valuation of 1/6 share is Rs 1,37,27,000 and on that the stamp duty of Rs 1,78,000 has to be paid. 
Here, as the amount is big, I have few questions to ask...
1. Is the stamp duty calculated is correct if property is in Maharashtra ?
2. Is there any way to reduce the stamp duty ?
3. Any concession for senior citizens ? I am 59 years.
4. After I pay the said stamp duty can I get stamp duty back if I withdraw the case if my brothers 
 become ready for a compromise?
5. Can I get back the stamp duty after the court passes order against me or in favour of me?
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Court fees is correctly calculated

2) no concession for senior citizens

3) in event you reach compromise with your brothers you can obtain partial refund of court fees depending upon stage where compromise has been arrived at

4) after trial court passes order in your favour you can claim costs from your brothers but would not get refund of court fees

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. The stamp duty is correctly calculated.

2. Mam if you capable of paying this cannot be reduced it can be reduced in case you are bankrupt.

3. Firstly you are not senior citizen secondly there is no concession the stamp duty is refunded when suit succeeds.

Yes the duty can be refunded not completely but deduction of minimal portion is deducted.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If the father expired interested without a will for his self acquired property available property will be distributed among all the legal shareholders including mother in equal proportion

This time duty is calculated on the basis of revenue records of the particular area and there is a fixed percentage that you can find from the registrar office are the payment of registration duty.

The property which is being transferred inheritance is not attaching any stamp duty @ applied for the sale of property in case of partition it is applied and the notional value. There is no concession available to anybody except if it is a lady then there is a relaxation in the payment of stamp duty please check the registered office in this regard.

Now you will not get e stamp duty paid back

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Let some local lawyer reply.

2. Let some local lawyer confirm if you can proceed after payment of partial court fee, and pay the remainder later.

3. No

4.no

5. No

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Yes.

2. No.

3. No.

4. it is non refundable.

5. No. It is non refundable.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. This is the court fees and nit the stamp duty to be paid to the court. The curt fees varies in every state and in West Bengal it also fixed court fees of Rs.40/-. So check with the court officer to calculate the actual court fees to be paid.

2. No, there is no way though you can apply for payment of ti later stage of the suit.

3. No

4. No

5. No

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Stamp duty has to be paid ad-valorem i.e market value of the property if the plaintiff does not have the possession of the property. At first blush the stamp duty seems to be correct having regard to the value of the property. However, only a local lawyer can tell exactly if the senior citizens are entitled to any exemption.

2. In case of a compromise the court fee paid by the plaintiff can be reimbursed to him. You will have to file an application in this regard.

3. You will not be entitled to the reimbursement of the court fee if the suit is dismissed.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Here, as the amount is big, I have few questions to ask...

1. Is the stamp duty calculated is correct if property is in Maharashtra ?

Answer: The stamp duty sounds about right;

2. Is there any way to reduce the stamp duty ?

Answer: If you pay less stamp duty, then the share will never be legally yours;

3. Any concession for senior citizens ? I am 59 years.

Answer: Only after you attain age of 60 years, you are senior citizen;

4. After I pay the said stamp duty can I get stamp duty back if I withdraw the case if my brothers

become ready for a compromise?

Answer: Are you paying court fees or stamp duty on the partition Deed? Court fees can be refunded. Stamp duty will be paid nonetheless;

5. Can I get back the stamp duty after the court passes order against me or in favour of me?

Answer: Are you paying court fees or stamp duty on the partition Deed? Court fees can be refunded. Stamp duty will be paid nonetheless;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1 yes

2 no

3 you are not senior citizen

4 not full amount

5 yes but after partial deduction

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Dear Sir

You are not a senior citizen. On compromise or decree you will get 50% refund of court fees paid

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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