there is no relationship of husband and wife hence would not be bale to avail lower stamp duty 

2) it should be mentioned as per terms of settlement marriage has been dissolved and wife had agreed to transfer ownership of flat to her ex husband 

3) gift deed / relinquishment deed is best option

Dear Sir,

The information may kindly be read:

Since you want to sell the property, the authority to sell must be present either by ownership or through power of attorney. Let us discuss all the three scenarios—gift deed, transfer deed or power of attorney.

Transfer deed: Your ex-husband can transfer his share of property to you by executing a deed of transfer on payment of consideration by you. No sale can take place or no deed of transfer can be executed without payment of consideration by you to him. The transfer must be effected by a registered and stamped instrument signed by him or on his behalf, and must be attested by at least two witnesses.

Gift deed: Your ex-husband may execute a gift deed in your favour, thereby gifting his share in the property. A gift deed allows one to gift his assets or transfer ownership without any exchange of money. The gift of immovable property must be in accordance with section 122 of the Transfer of Property Act, 1882. Hence, your ex-husband must transfer his share voluntarily, without consideration, and it must be accepted by you during your lifetime while he is still capable of giving. A gift of immovable property in this case will also have to be effected by a registered and stamped instrument signed by or on behalf of your ex-husband, and must be attested by at least two witnesses.

In both of the aforesaid cases, stamp duty will be payable on the deed (of transfer or gift) in accordance with the provisions of the stamp act applicable to the state in which the property is situated. For example, in Mumbai, the stamp duty as per article 25 of schedule I of the Maharashtra Stamp Act, 1958, will be applicable. Registration charges also differ from state to state.

Stamp duty on a gift deed if the gift is made to a family member, including to a husband or wife, is chargeable at a lower rate in some states. But if the divorce decree is final, then you and your ex-husband may not get the benefit of the lower rate.

Power of attorney: This can be executed by your ex-husband in favour of you to sell his share. But it is not a transfer of property but only a contract for execution of transfer on behalf of executant. For sale of immovable property, as in the present case, the power of attorney has to be sufficiently stamped and registered.

The stamp duty on a power of attorney authorizing sale of immovable property in many states (including Maharashtra) is the same as payable on a conveyance of immovable property (the only rebate available is when the power is given to certain stipulated family members, which again will not be the case in the present instance).

Please also note that while you can avail the option of getting a power of attorney for the sale of property from your ex-husband, in such a case, you will not get ownership of the property, and in future, disputes may arise as to the distribution of sale proceeds.

Release deed: One more option that could be considered is your ex-husband executing a release deed in your favour, whereby he releases or renounces his claim on the property. Again, the release must be effected by a registered and stamped instrument signed by him or on his behalf, and must be attested by at least two witnesses. In Maharashtra, while the stamp duty payable is the same as that payable on a conveyance, the amount is payable on the market value of the share, interest, part or claim being renounced.

These are the options available to you. But it would be advisable to seek specific legal and tax counsel in this matter.

Your ex D.I.L can execute gift deed Or Relinquishment deed. 

1. No the same stamp.duty for convience deed shall be applicable.

2. There is no such benifit.

3. If divorce granted ex-husband has to be used.

4. Gift deed from wife of her share.

1) For acquire lower rate of stamp duty and registration one can go for gift deed.

2) If you don't want to show Mutual divorce has happened than first transfer the flat rights by way of Relinquish deed and than go for Mutual Consent Divorce in India and withdraw from UK.

Hi,

You may avail the benefit of transfer within family as lower rate of stamp duty. You may write the status as ex-husband but be sure to include the clause of settlement as per the divorce and the transfer being out of marriage relationship. One of the best way of transfer would be of relinquish deed.  

The lower rate of stamp duty is for blood relations and other fiduciary relationship. After divorce it will not be applicable to your son

Dear Client,

She have to execute release deed, Low and common stamp duty for all.

ex husband will use.

He have to pay minimum stamp duty if the transfer is being made as a relinquishment deed in favour of the ex-husband please check with the registration office I believe it is 3% of  property Circle rate in Bangalore

Dear Sir,

My answers are as follows:

1. As the divorce process is completed, will my son be able to get lower rate of stamp duty & registration fee on transfer of ownership rights by his wife to him at Banglore?

Ans: It all depends upon discretionary power of the Registration Authority, legally speaking he is entitled for concession.

2. Is the benefit of lower rate of stamp duty available to ex husband/wife on transfer of ownership right to each other? If yes, what is the duration of time for availing such benefit after obtaining divorce decree.

Ans: There is no such limitation but it must be made as soon as possible.

3. What should be written about status of husband ie. ex-husband or simply husband in the POA to be executed for above purpose ?

Ans: Current status of husband is to be return as Ex-husband but in the body of the deed a mention must be made in respect of mutual divorce as accepted by the foreign Court and inconsequence of terms of mutual divorce this deed is being executed as such entitled for earlier relationship and consequent concession.

4. What is the best method of transfer of ownership right, keeping the objective of obtaining lower rate of stamp duty ?

Ans: You may choose the deed which has lowest rate of stamp duty.

You may check with chartered accountants who are available on www.taxfull.com which is sister concern of this Website.

1. As per the information mentioned in the present query, makes it clear that you been seeking an advice wherein you can be suggested the way to avail the lower stamp duty.
2. But, before I reply to that point let me tell you that execution of POA should not be in the name of your son if the ownership is suppose to transfer to him only, POA should be in the favour of someone other in her family to execute the transfer deed process in your son name.
3. And to avail the lower rate o stamp duty, there is no time limitation as such.

1. What do you mean by lower rate of stamp duty.

He may have to pay stamp duty for half the property at circle rate.

2. You clarify what do you mean by lower rate of stamp duty.

She can make a settlement deed in his favor for which the stamp duty is very less compared to other mode of transfer.

3. Don't complicate simple things, if you want to proceed properly then you may take the assistance of a deed writer who will guide you accordingly.

4. Settlement deed.