• Partition of property and need assistance for registry

I have a property in delhi, which was bought by my grandmother, and now the same is in my and my real brothers name jointly.

the same was sold as per agrement to sale by my mother to both of us by registry.

now as per joint family partition the said property is owned by me.

now i need to transfer from my brother to me.

so should i go with registered realise deed

Or 

should I go with registered partition deed.

Kindly guide so that there is less involment of stamp duty
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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15 Answers

See you have multiple options here firstly you can get the partition deed registered and can transfer vide same in your name , secondly your brother can make a registered relinquishment deed or gift deed in your favour. All the ways are equally enforceable in law.

 

Now as far as stamp duty is concerned it would be least on registration of partition deed so you can with same it is around 2 percent on the value of the property,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you have to relinquish the title in favour of you and stamp duty would be applicable.so better go with Relinquishment deed. 

the charges will be very nominal and lumpsum. I cannot say exactly, because it differs from state to state

Mohammed Mujeeb
Advocate, Hyderabad
19364 Answers
32 Consultations

The best remedy is registered deed.But relinquishment deed too can be done .Along with take no objection from brother.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

You want to get it transferred onto your name, you can either directly opt for gift deed that is simpler than anything else if there is no cost you are paying against that transfer. 

there is no need to get the partition deed if your brother agrees you to sell or transfer by way of gift or sale.

however, if you want to bring down the Stamp Duty cost then a court decree will solve the thing, get a civil suit filed in the court and file a no objection in the same court by your brother, Courts in such matters passes an order declaring you as an owner. 

on that Court order, you can get your name mutated where ever you need to.

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

your brother can execute relinquishment deed to relinquish his share in property 

 

2) the relinquishment deed should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
99947 Answers
8158 Consultations

Best recourse for you is to get partition deed registered, as the stamp duty would be released as compared to relinquishment or gift deed.

 

Alternatively,relinquishment or gift deed can be executed by your brother but the stamp duty in case of the said deeds would be more than getting partition deed registered.

 

In all the above case scenarios, the deeds need to be mandatorily registered after payment of requisite stamp duty in the sub registrar office.

 

Regards.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

You have to file a civil suit in the court on the basis of the partition deed and get a Court judgement in this regard and there after you have to file a petition in the tehsil and the tahsildar will muted the property in your favour based on the judgement of the court it will attract a nominal stamp duty based on the value of the property that you can check in the tehsil

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Both can be done in your case

Prashant Nayak
Advocate, Mumbai
34638 Answers
249 Consultations

Stamp duty has to be paid whether gift deed or relinquishment deed is executed 

 

2) stamp duty is state subject and varies from state to state 

Ajay Sethi
Advocate, Mumbai
99947 Answers
8158 Consultations

In gift settlement within family members due to natural love and affection the stamp duty is 1% around so cheapest way to transfer said property is through gift deed. Contact any local lawyer definitely he will help you in this regard. 

Mohammed Mujeeb
Advocate, Hyderabad
19364 Answers
32 Consultations

Go for a registered partition deed for saving stamp duty.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Gift deed by brother in your favour will attract least stamp duty 

Yusuf Rampurawala
Advocate, Mumbai
7913 Answers
79 Consultations

In any case, you would have to bear stamp duty, whether a relinquishment or gift deed.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

The stamp duty payable may be less for the partition deed when compared to the registered relinquishment deed.

However, how is the parttiion deed going to solve the purpose.?

The partition deed shall divide the properties now jointly held between you two whereas the relinquishment deed executed by your brother in your favor shall transfer his share of properties to your name and you will become an absolute owner of the entire proeprties, thus what is your question.?

T Kalaiselvan
Advocate, Vellore
90148 Answers
2504 Consultations

If you want to have your brother's share of property also to you then he may have to transfer the property either by executing a registered sale deed or gift deed or release deed relinquishing his rights in his share of property to your name.

The stamp duty shall be same for almost all the cases, you may enquire the same with the local registrar's office.

T Kalaiselvan
Advocate, Vellore
90148 Answers
2504 Consultations

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