• Registration of HUF partition deed and registration fee

We intend to buy a property in Ahmedabad. The property was purchased by an HUF in 2011. The HUF was fully partitioned in 2014 through a partition deed executed in Mumbai, as per which the said property was allocated to an individual who was also karta of the HUF. Our queries are:

1. What stamp duty would be applicable for the partition deed?
2. Should the partition deed be registered?
3. If yes, in which city should the deed be registered and with whom?
4. What would be the charges for such registration?
5. If the deed is to be registered now, in 2020, is it possible and what will be the charges for such delayed registration?
6. Would such partition deed be sufficient to clear the title of the property in name of the individual, from whom then we can purchase it further?

Thanks. Any specific and clear views would be highly appreciated.
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

1. Stamp duty will be as per the current rates in Ahmedabad. 

2. Yes it shoud be registered. 

3. Deed be registered in Ahmedabad with the Tehsildar.

4. Same as 1.

5. There is no such thing like delay or anything else.

6. Yes, the partition deed is sufficient for the purpose. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Stamp duty is state subject and varies from state to state 

 

2) registration of partition deed is mandatory 

 

3) partition deed should be duly stamped and registered where property is situated 

 

4) in Maharashtra maximum registration charges is Rs 30000 

 

5) registration has to be done within maximum 8 months of execution of partition deed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Stamp duty is fixed by Government and rules apply as per price of property. Registrar of concerned area will charge stamp duty. As far as registration of property is concerned you will have to register it where property is situated.If you are going to purchase from an individual question of HUF will not come in the way in future.Ragistration is complusory if price of property is more than 100 rupees 

Raghuvir G. Chaudhary
Advocate, Ahmedabad
48 Answers
4 Consultations

1. Upon partition of the HUF property , the HUF stands dissolved.

The stamp duty for registration of partition of HUF property also similar to the other general partition deeds.

2. Until the partition deed is not done by a registered document it is not legally valid.

3. If there were other properties that were partitioned in Mumbai along with this property then this can be registered in Mumbai also.

4. You can enquire about it locally since it is different from one state to another.

5. The deed  executed in the year 2014 cannot be executed at this stage i.e., after six years.

6. If it is by a registered document then it can be held as legally valid.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) Stamp duty is state matter, it has to be paid as per the prevailing rates at Ahmedabad.

2) Yes it has to be registered by paying appropriate stamp duty.

3) It has to be done at Ahmedabad within the jurisdiction of sub registrar where the property is situated.

4) As stated in reply No.1 above.

5) Charges need to pay for delayed registration alongwith the prescribed duty.

6) Yes it is.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. IF earlier Partition Deed was not stamp duty paid and registered at that time (2014), THEN the only way not is to send the Partition Deed with the area taluka level Registrar of sub-assurances, for adjudication purposes, who will determine the Stamp Duty, Registration fees and Penalty at TODAY's circle rates.

2. AFTER this "registered" Partition Deed, proper mutation /transfer proceedings in the Revenue /Municipal records MUST be conducted and ONLY THEN the property become "clear title" for all futuristic purposes of  further Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5% + 1% stamp duty.

Mandatory to register PD.

At sub registrar office where property exits.

Penalty will impose for late registration if partition declare on back date

Registered partition deed between co owners, valid document of ownership.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Stamp duty is payable on many instruments and the rate varies from State to State.

An unregistered partition deed is not valid.

under the jurisdiction of the Sub-Registrar under whose local jurisdiction the property is situated.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The stamp duty for sale deed or gift deed is 6 percent of the circle rate and for family settlement its Rs. 50/-

yes its mandatory to register

It should be registered in Gujarat

Registration Charges are approx 1 percent

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Stamp duty for partition deed depends on the value of property to be partitioned and it varies from state to state.

2. Yes it should be registered.

3. Registration charges are 1% of the stamp duty.

4. There are no delay charges for registration penalty is to be paid on stamp duty only. 

5. You can purchase the property in whose name the property was registered through partition deed.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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