• Stamp duty relinquishment

Please assume there are three legal heirs to a house in new Delhi each with 1/3 share. 

Please assume that the stamp duty of full house is 9 lakh rupees.

So if two heirs relinquish their share to one legal heir, 
will the stamp duty payable be three lakh per relinquishment deed or will it be one relinquishment free & three lakh for the second relinquishment? 

I was told that one relinquishment in new Delhi is free & all subsequent relinquishments will entail stamp duty. 

Also I want to know total percentage charges for such deeds, for males in new Delhi along with surcharges applicable. It is 6% plus 1% registration charges but what about other surcharges? What would the total be?
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

Stamp duty is state subject and varies from state to state 

 

2) 

For a Relinquishment deed, stamp duty is 6% in the case of men and 4% in the case of women. The stamp duty should be paid through Collector of Stamps/SDM.

Registration fee of a Relinquishment Deed is 1% of the total value of Deed along with Rs. 100/- pasting charges.

 

3) it would be Rs 3 lakhs per relinquishment deed 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Stamp duty is 6% plus registration  charges 1% and pasting charges 100. There is no such thing as first relinquishment deed is free of stamp duty.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

There will be no stamp duty for relinquish deed only registration charges will be applicable.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

The question about stamp duty, registration charges and the other charges namely surcharge are all state subject and local rules,  which will vary from one state to another. 

You can get the details either from the local sub registrar office or can enquire from a local lawyer who deals with the property law exclusively. 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

We are unable to see replies posted by other advocates 

 

hence cannot comment on Mr Kadam post 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You may not get the full particulars or details about the registration process and the charges applicable in the internet also  and sometimes the information what you get from such forums may be misleading. 

You may better approach a local lawyer who is dealing with the subject. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear sir/ma'am,

 

To be on a safer side, it is advised that you clarify your doubts from the sub registrar or any local lawyer as the stamp duty rates are very state specific. Thank you.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You can visit below site 

 

http://revenue.delhi.gov.in/wps/wcm/connect/DoIT_Revenue/revenue/home/e-sub+registrar/important+information+regarding+registration+of+property 

 

Relinquish deed is applicable only between co owners who inherit property from their parents or ancestral.

 

If you need any help do let me know.

 

 

 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Stamp duty is payable on execution of relinquishment deed for inherited property 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

For a Relinquishment deedstamp duty is 6% in the case of men and 4% in the case of women. The stamp duty should be paid through Collector of Stamps/SDM. Registration fee of a Relinquishment Deed is 1% of the total value of Deed along with Rs. 100/- pasting charges.

Relinquishment deed is a legal document or an instrument according to which individual releases or gives up his rights of an heir in an ancestral property for another legal heir or co-owner of the property. When a person dies intestate, his property is divided among his legal heirs. In the case where an heir to the inherited property wants to give up his rights to another heir of the property i.e., son, mother-daughter, brother etc, a Relinquishment Deed may be formed.

In the case of Relinquishment deed, the stamp duty is paid by the executant i.e., the person who transfers his interest and right in the certain property to the co-owner of the property.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can approach local sub registrar office to determine stamp duty on relinquishment deed in Delhi 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

 A relinquishment deed is a legal instrument which an heir can leverage to transfer or release his legal right of an inherited property to another person. 

Must be registered: Under Section 17 of the 1908 Registration Act, it is mandatory that a relinquishment deed must be registered for it to be valid.

In Delhi, For a Relinquishment deedstamp duty is 6% in the case of men and 4% in the case of women. The stamp duty should be paid through Collector of Stamps/SDM. Registration fee of a Relinquishment Deed is 1% of the total value of Deed along with Rs. 100/- pasting charges.

A relinquishment deed can be done with or without any consideration.

The web link you have referred here is about the judgments, the test to determine whether an instrument can be considered as a Release/Relinquishment Deed.

The following points were discussed in the judgment and not about the stamp duty what you refer here or the main query is about:

a. In determining whether the document is a release or Gift/Conveyance, the nomenclature used to describe the document or the language which the party may choose to employ in framing the document, is not a decisive factor. What is decisive is the actual character of the transaction intended by the executants;

 

b. Determination of the nature of the document is not a pure question of law;

 

c. Where a co-owner renounced his right in a property in favour of the other co-owner, mere use of word like 'consideration' and 'transfer' would not affect the true character of the transaction;

 

d. What is intended by a Release Deed is the relinquishment of the right of the co-owner;

 

e. Co-ownership need not be only through inheritance, but can also be through purchase;

 

f. Where the relinquishment of the right by the co-owner is only in favour of one of the co-owner and not against all, the document would be one of Gift/Conveyance and not of "release".

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Stamp duty on relinquishment deed is Rs 100/- only

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer