• Stamp Duty,Ragistration fee and Income Tax implications in Release Deed without consideration

I want to know the stamp duty, registration fee amount and tax implications for Releasee and Releasor if property share is transferred through Release Deed among family members without any consideration. 
We purchased an independent house (plot size 1000 sq. feet and built-up area 800 sq. feet at ground floor) in January 2003 in Madhya Pradesh. This house was registered to my father (25% share ownership), mother (50% share) and my name (25% share) at sub-registrar office at that time. My father was expired in December 2013 without writing any Will. As per Indian succession act, my father’s share of property (25%) should be equally distributed among 4 family members: myself, my mother, my sister and my brother. 
In 2017, we constructed house at first floor also (constructed area 800 sq. feet) and a tower (100 sq. feet) on second floor. Thus, from 2017 year onwards, total constructed area would be 1700 sq. feet. Now, my mother, my brother and sister are willing to give up their share of property to me without any consideration through Release Deed. Some figures are:
The present guideline rates at my colony are Rs. 19200/- per SQM for residential plot and Rs. 31200/- per SQM for RCC building residential. The stamp duty is 0.5% and registration fee is 0.8% (of property value) for Release Deed within family members in Madhya Pradesh. My questions are:
1) WHAT WOULD BE TOTAL STAMP DUTY AND REGISTRATION FEE:
 Whether building present constructed value is added with present plot value for determining the stamp duty and registration fee? How (any formula) present building construction value would be calculated? Whether depreciation of building is considered? What would be present total building construction value and present plot value as per guideline rates? 
2) Although this option is within family members and don’t involve any monetary transaction (without any consideration), still I want to know whether any income-tax implications arise to either me (receiver of the property) or to my three family members (giver of property)?
3) My mother is a co-owner of the property since its purchase date but my brother & sister got their share by inheritance. So can my mother give up their share in property along with brother & sister through a joint release deed? 
4) can we directly register Release Deed or first we have to get any other documents from court or municipal bodies, for example: letter of administration, modified mutation to the name of all legal heirs etc. 
5) Can I mutate the property to my name after the registration of Release deed?
6) My sister name is changed after her marriage. She has her educational certificates and driving license with her original birth name. She has PAN Card, Aadhar Card,Voter ID with new name. Which name of my sister should be used while registering Release Deed? Any affidavit of name change (notarized or registered) of my sister is needed and whether name change event should be mentioned in release deed?
Asked 4 years ago in Property Law
Religion: Hindu

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3 Answers

1) present market value of plot and building would be considered for determining stamp duty and registration charges 

 

2) there are no income tax implications on execution of release deed 

 

3) mother can execute gift deed or release deed for her share in property 

 

4) release deed can be executed directly 

 

5) you can mutate property in your name after registration of release deed 

 

6) changed name of sister should be mentioned in release deed and it should be mentioned that she was formerly known as by her maiden name 

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

The stamp duty depends on ready reckoner value of the property

If it's an income for your financial year then tax will be Applicable. 

Yes she can relinquish her right to others

Yes you can register release deed

Yes you can mutate

The one on adhar card will be applicable

 

 

Prashant Nayak
Advocate, Mumbai
34693 Answers
249 Consultations

1. The stamp duty would be payable as per the rates what you have mentioned in respect of the share of property  to be relinquished by the releasors in your favor. 

For exact value of the proeprty as well as value of the shares to be released and the applicable exact stamp duty can be enquired from the local sub registrar's office.

2.  There is no income tax to be payable either by the giver or by the acceptor in this transaction. 

3. Your mother, is desirous of releasing her original shares also in the same deed, she can very well relinquish her rights and execute the proposed release deed accordingly.

4. Just the legal heirship certificate to ascertain the legal heirs of your deceased father would be sufficient. 

5. Yes, you can.

6. She can use her current name itself which should be properly reflected in the legal heirship certificate. 

T Kalaiselvan
Advocate, Vellore
90218 Answers
2507 Consultations

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