• Is any registration or stamp duty required to transfer property on the basis of family partition?

Few Properties are in the name of Real Brothers and they have to transfer the properties to each other as per family partition so that each of the brother get his own individual property.. Is there any Registration or STamp duty required to do so..??
Asked 3 years ago in Property Law
Religion: Hindu

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21 Answers

Yes there will be stamp duty applied as per circle rate.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Stamp duty and registration charges have to be paid for transfer of properties among siblings 

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

No stamp duty payable on oral partition. If partition reduce in writing than registrstion is mandatory.

Stamp duty will levy.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Stamp duty and registered required for partition deed.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

Yes even for family settlement deed stamp duty and registration is required

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

There is very nominal charges for stamp duty and registration. You need to prepare Partition deed agreement according to your wish of land layout because you all are existing co owners of the land. No sale or Gift deed transaction is happening on land stats so going to change. You should as per point one below

 

Partition deed a document by which the co-owners or coparceners of the property, fix their individual share or divide the property by metes and bounds to show their independent share. Following kinds of documents are included in this category:

 

1. Final order issued by Revenue Authority or Civil Court effecting the partition.

 

2. An award by Arbitration Tribunal directing division; and

 

3. A document of any nature regarding division of property, written and signed by the co-owners or the coparceners.

 

 

As per section 46 Partition of the Maharashtra Stamp duty act you need to pay:

₹ 10 for every ₹ 500 or part thereof (approx 2%) of the market value of the separated share or shares

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Stamp duty of 3 per cent would be applicable 

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

This is not transfer of property rights to another third person, the property is already on your name just to get separate names so only registration charges need to be paid and sign partition deed among your self.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You can do partition on 100rs stamp. But if any dispute arise in future. This partition deed will not be admissible in court.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

On 3 percnt

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

if the property being partitioned is ancestral then release deed can be made on Rs. 200 stamp paper only and is required to be registered

for other kind of properties, the stamp duty is 5% in case of release deed and 3% in case of gift deed

if you transfer the property through bonds made on 200 or 500 stamp paper then you and your brother WILL NOT GET ANY PROPER TITLE AND WILL BE UNABLE TO SELL THE PROPERTY IN FUTURE

THERE HAS TO BE REGISTERED TRANSFER DOCUMENTS WHICH ARE DULY STAMPED AS PER POINT NO. 1 AND 2 ABOVE

ITS AS SIMPLE AS THAT

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

There is no stamp duty payable in Maharashtra for transfer of immovable properties between the blood relatives.

The duty payable is Rs. 500/- and Rs. 200 towards registration charges.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You may have to pay Rs. 500/- towards stamp duty and Rs. 200/- towards registration charges and get the transfer of property registered before the concerned registrar office.

The transfer on a stamp paper alone is not sufficient or valid.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Please consult local lawyer or directly approach the office of Sub-Registrar to know the actual fact of stamp duties.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes it's  applicable stamp duty is applicable along with registration

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Sir/Madam,

You are suggested that the settlement on the stamp paper of Rs. 100 will serve the purpose. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Stamp duty is to be paid.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Client

This is to inform you that,

  • You need to execute a Partition deed for the property so that each brother gets his own individual Property.
  • As per Article 46 of Schedule I of the Maharashtra Stamp Act, stamp duty for the Instrument of Partition is 2% amount or the market value of the separated share or shares of the property.
  • Further, I would like to inform you that, as per Article 34 of Schedule I of the Maharashtra Stamp Act, for Gift Deed of Agricultural or Residential property and is in favour of Husband, Wife, Son, brother, Daughter, Grandson, Granddaughter or Wife of deceased son of property within the limits of the Mumbai Municipal Corporation, the total stamp duty, including local taxes is Rs 200.
  • Transfer of Property by way of bond is not a valid Transfer.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

A family arrangement is respected by the courts. It should be made upon stamp paper and registered. Based upon it a declaratory suit must be filed to declare each one's shares.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

It is not selling the property only a family arrangement.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Yes they need to pay stamp duty and registration charges for execution of family partition deed.

2. There will be approx. 3% stamp duty on circle rate of property to be partitioned exact value can be confirmed from local sub registrar office.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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