• House property query

My father died without creating any will. Now we are 3 legal heirs. I (married), my elder (married) sister and my mother. Now We have mutually decided that I will pay some amount to my sister and after that my mother and my sister are ready to transfer or say gift their share of house property to my name.

Do I need to pay stamp duty on 66.66% part of house which I will get from my mother and my sister.

What is the process of getting that house in my name if my mother and sister has no objections.

Thanks,
Raj
Asked 1 year ago in Property Law
Religion: Hindu

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20 Answers

Yes even if they gift or relinquish their rights through registered Relinquisment deed. You need to pay the stamp duty and registration

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

Gift deed has to be stamped and registered 

 

2) on basis of gift deed you can apply for mutation of property in your name 

 

3) you cannot avoid payment of stamp duty 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

1. Yes, since registration of gift deed of a immovable property is mandatory , the payment of stamp duty is also unavoidable.

2.  Once gift deed is done you become its sole owner and on the basis of the gift deed you can apply for its mutation .

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

Hi

Your mom and sister can relinquish their share in the property and execute relinquishment deed in your favour by paying appropriate stamp duty and registration charges (concerned registrar will give you exact amount of expenditure).  It is perfect document.

If you want to go for Gift Settlement, nominal fee needs to be paid since it is done between blood relatives, make sure not to mention any amount of settlement in Gift Settlement Deed (Gift will be given out of love and affection)

Thereafter you can got for mutation / change of your name etc.

 

S Srinivasa Prasad
Advocate, Hyderabad
2866 Answers
9 Consultations

5.0 on 5.0

Yes, you will need to pay stamp duty on this 66.66% part of house, which your mother and sister will relinquish in your favour.

They will need to execute a relinquishment/gift deed favouriting you.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

Sir,

      Yes, you have to pay stamp duty.

      Your mother and sister will need to execute gift/ relinquishment deed in your favor duly registered.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Yes the stamp duty as per value of there share has to be paid on gift /relinquish deed 

They can sign a registered relinquish deed in your favor and you can get the property registered.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

Release deed will execute, less stamp duty in comparison to gift deed. On gift deed 2% stamp on 1/3rd +1/3rd portion.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

Instead of relinquishing deed,  gift deed can also be made.  Gift to close relatives are subject to minimal stamp duty charges. 

After relinquishing share of other in your favour you produce all the deeds before municipal authorities for mutation in your name. 

Kallol Majumdar
Advocate, Kolkata
2792 Answers
4 Consultations

5.0 on 5.0

No further registration. Only mutation to be done. 

Kallol Majumdar
Advocate, Kolkata
2792 Answers
4 Consultations

5.0 on 5.0

No, only one time stamp duty than on the basis of deed, property will trasfer in your name in municipal records. Also check release deed, may be max, 2000rs payable.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

mutation of house has to be done in your name . you have to pay the charges for same 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Although you will be required to apply with the concerned Civic Body to get the mutation done, you will not be required to pay the stamp duty again

You will only be required to pay a very meagre fee in lieu of mutation 

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

Dear Client,

Your mother and your sister will transfer the land to your name via transfer deed in blood relation. There is no stamp duty on transfer deed in blood relation in Haryana. You have to confirm it your state. 

Jaswant Singh
Advocate, Gurugram
903 Answers
2 Consultations

4.8 on 5.0

Yes after the deed is done there name shall be removed entery shall be there and accordingly your name shall be mutated.

 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

1.you have to pay charges for stamp duty . 

2.Mutation is the change of title ownership from one person to another from one person to another when the property is sold or transferred. By mutating a property, the new owner gets the title of the property recorded on his/her name in the land revenue department and the government is able to charge property tax from the rightful owner.One needs to get mutation done and get the new owner details updated in the revenue records maintained by civic bodies like Municipalities, Panchayats or Municipal Corporations.

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

If you all are co-owners of that property then you can get registered relinquishment deed from your mother and sister in your favour.

you only need to pay registration fees and stamp duty for only 66.66% part of the property.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

They both can execute a registered release deed relinquishing their rights in the property in your favor after which you will become an absolute owner of the property.

The stamp duty in respect of the registered deed has to be paid accordingly.

 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

You dont go for gift deed, you may get the registered release deed in respect of their share in the property which may involve lesser stamp duty.

 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Yes but you can do mutation on basis of registered gift deed. You don't gave to pay double stamp duty

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

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