Yes there will be stamp duty applied as per circle rate.
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..??
No stamp duty payable on oral partition. If partition reduce in writing than registrstion is mandatory.
Stamp duty will levy.
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
Can we transfer the Property between real brothers on a 200/- or 500/- Rs bond or is stamp duty of 3% applicable.. (for commercial and residential lands)..??
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.
You can do partition on 100rs stamp. But if any dispute arise in future. This partition deed will not be admissible in court.
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
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.
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.
Please consult local lawyer or directly approach the office of Sub-Registrar to know the actual fact of stamp duties.
Dear Sir/Madam,
You are suggested that the settlement on the stamp paper of Rs. 100 will serve the purpose.
Dear Client
This is to inform you that,
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.