A gift deed can be made and registered by him to you. But if the divorce decree has been issued by the court then you both are not husband and wife legally and hence full stamp duty has to be paid.
Couple Divorce Release/Relinquish deed in Bangalore, is stamp duty applicable?
My ex husband and I jointly own a property in Bangalore. The EMIs have been paid by me the whole period (since 2011) and as part of our mutual divorce it was agreed he will give up his rights. I understand he has to execute a release or relinquish or gift deed. My question is - is a stamp duty applicable? I find different opinions about this. As there is no sale or profit involved and as the entire financial responsibility has been carried out by me (which can be proved) would there be stamp duty?
Asked 2 years ago in Property Law
Religion: Christian
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16 Answers
Stamp duty has to be paid on release deed or gift deed executed by ex husband
Dear Client,
Stamp duty is levied on the nature of instrument rather than the nomenclature of the document.
For a Relinquishment deed,as per ongoing rates, for a male is required to pay 5 percent of the total or registered property value above Rs 45 lakh as stamp duty, 3% on properties between Rs 21-45 lakh, 2% on properties less than Rs 20 lakh and 1 percent of the total or registered property value as registration fees in Bangalore.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.
Thank you.
Thank you for the answers! Much appreciate. If the duty has to be paid after all, is it on the full value or on the 50% of value as we are joint owners? My divorce order was issued by a European court and we did not get the divorce from an Indian court. Will that make a difference? The divorce document was later apostilled by indian embassy.
Asked 2 years ago
It would be on 50 per cent of his share in property
it would not make any difference
The stamp duty has to be paid on 50% of the property value. A divorce was filed and as of now you cannot legally show that you are husband and wife as that would amount to committing fraud. You have to show relevant documents that you are married. Therefore a gift deed must be executed on the 50% of the property value.
The divorce decree is valid in India, as it was granted on mutual consent. As you have got the decree apostilled by the Indian Embassy, retain the original with you, and nothing else needs to be done further. As for the stamp duty on the relinquishment deed, it is for the 50% of the total value, inasmuch as the notional consideration for the release will be only to that extent.
- Yes, this deed should be registered from the office of the registrar after paying required court fee.
- This stamp duty will be paid for only 50% value of the property .
- If the said decree was passed from the European court on the ground of mutual divorce then it is valid also in India.
The applicable stamp duty is to be paid either for the gift deed or any other form of transfer of property even between the couples.
Moreover if the marriage had been dissolved and you don't remain as husband and wife anymore, then the stamp duty would be payable even for the gift duty at the regular rate.
The question is not about who is paying the EMI, but it is all about the transfer of his share in the property to your name even without consideration.
Hence the applicable stamp duty is payable.
The stamp duty would be payable only to the share of property being transferred to your name.
Since your marriage has been dissolved by a decree of divorce which has been acknowledged by you and you both are no more married to each other, then it is clear that you both are two different individuals without any marital relationship between you both.
Dear Client,
1) it will be 50% as you both are joint owners.
2) The decree of divorce from the European court will not make a difference.
Thank you.
1. If your ex-husband had executed a Release/Relinquishment Deed in your favour, when the marriage was still subsisting, then nominal stamp duty could have been paid.
2. Since divorce has already happened, stamp duty will be calculated based on your husband's 50% share in the joint property.
Yes stamp duty will be applicable if any relinquishment deed is executed.
Hi very Good Morning!
Stamp duty has to be paid on release deed or Gift deed.
Since the property was jointly owned by you and your ex-husband, the duty has to be paid on 50% of the Ready Reckoner Value.
Unfortunately, the divorce order issued by European Court will not make any difference!
1. Your ex-husband will covey title of his share of the property in your favour by registering a deed of conveyance like gift/relinquishment deed.
2. For registering the conveyance deed stamp duty and registration fee shall have to be paid by you.
1. You shall have to pay stamp duty and registration fee based on the value of the property you are receiving.
2. You are receiving 50% of the property for which you shall have to pay stamp duty and registration fee on the value of 50% of the property you are receiving.
Hi, The Stamp duty has to paid on the basis of the guideline value in full. There is no question of payment on 50% Stamp duty.
