• Stamp Duty for a transaction

I have a flat with co-ownership with my father. I want to remove my name from the deed for some reason.
I am a NRI when I asked a lawyer, they asked me to do PoA first then do the relinquishment deed.

My flat value is 65 lacs

My question is how much stamp duty will cost me for both transitions.
Asked 2 years ago in Property Law
Religion: Hindu

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15 Answers

You can directly relinquish your rights in the said property without POA. Stamp duty is applicable as per the price of the said flat 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

POA in favour of family member for execution of relinquishment deed would attract stamp duty of Rs 500 in Maharashtra 

 

2) it should be attested before Indian consulate in UK 

 

3) stamp duty is state subject and varies from state to state 

 

4) local lawyer can guide you as to stamp duty on relinquishment deed in state where flat is situated 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It is approx 2.5 to 4 percent varies in different states. It’s less for blood relatives transfers. You will get exact amount once you inquire the same before relevant sub registrar office where property is situated. Also charges of 30000 approx needs to be paid for registration 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

For POA you have to get done in the UK, from Indian Consulate/Embassy and mention same point as relinquish deed. The POA and relinquish deed charges you will get from UK Indian Embassy.

than Later on submit same that Relinquish deed in the SRO, Pune office.  Here in Pune SRO .. less than 10K (Government Office) Lawyers or para legal counselling or consulting charges extra.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

 

 

 

 

Immovable Property Release Deed

 

As per Article 52 of Schedule I of The Bombay Stamp Act, 1958.

(a)   In case of Renouncement by legal heirs of ancestral property Rs. 200/-.

(b)   In any other case as per conveyance, under Article 25.

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Query has been replied to 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Just go for Gift Deed.  In Maharashtra stamp duty for gift deed in blood relation is only Rs. 200/-

 

You should not listen to any one go for gift deed and pay only Rs. 200 stamp duty 

Ravi Panwar
Advocate, New Delhi
116 Answers

stamp duty on Gift Deed in blood relation is 3%. For relatives and non-family members, it is 5 %. If a residential property or any agricultural land is involved, then only Rs 200 is paid. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Since you are joint owner for this property and you would like your share to be transferred to your father's name, then the best option before you is to transfer the same by a registered gift deed.

If you are not available in India to execute the gift deed, then you may give a power of attorney deed in favor of any close relative in India, who can carry out the task assigned through this POA deed.

The stamp duty for adjudication of the POA deed is hardly Rs. 150/- in  Tamilnadu, but it may vary in any other state.

The stamp duty for gift deed between blood relation including registration charges in Maharashtra is just Rs. 500/-, but it is different in other states, hence you may enquire about this from the local where the property is situated.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

To whom did you pay the consultation amount?

You cannot demand a reply as a right.

The lawyers of this forum answer the questions at free of cost, hence you should be contended with the replies given by the lawyers.

You cannot ask the lawyer to give a reply which suits your taste.

No lawyer of this forum is a servant to you, hence better use a polite language.

The stamp duty for adjudication of the POA deed is hardly Rs. 150/- in  Tamilnadu, but it may vary in any other state.

The stamp duty for gift deed between blood relation including registration charges in Maharashtra is just Rs. 500/-, but it is different in other states, hence you may enquire about this from the local where the property is situated.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The stamp duty for transfer of your share in this property by a gift deed in favor of your father, being a blood relation will Be Rs. 500/- which includes the registration charges.

The stamp duty payable for adjudicating the POA deed would be Rs. 200/- 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- Since, you are living abroad , then you can execute POA in favour of any relative for performing the said work on your behalf. 

- The said POA should be notarized as per rule of UK , and attested from the consulate of India , and further registration and to pay the stamp duty is not required 

- Further, you can release your 50% share in your fathers name to make him single owner of the flat after executing a registered Relinquishment Deed. 

- Further, you can also execute a gift deed in his favour, where due to being blood related the stamp duty is very nominal 

- The stamp duty is as per rule of Pune. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

hello sir

what you have asked is NOT any legal query

lawyers are not agents who calculate stamp duty for the client

the 1000 rs you have paid is to the platform and NOT to any lawyers here

you will get the necessary information by approaching an agent/tout who does this work

for giving up your 50% share in the flat, you can either do a release deed or a gift deed

gift deed from son to father is charged @3% + 1% metro cess on the market value of the flat

65 lacs what you have mentioned is the agreement value

you will have to get the market value of the flat computed as per the ready reckoner for which you have to give the following details to the agent -

CS number of plot

division

carpet area

floor

age of building 

since you are not in India, you will also need a POA in favour of your father who can then comply with the registration formalities of the gift deed/release deed

the POA has to be on 500 rs stamp paper

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

 

POA - maximum 1500.

Relinquishment - 6%

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear client,  

I apologize for any confusion in my previous response. As you are an NRI, you will need to execute a Power of Attorney (POA) in favor of a trusted person in India to act on your behalf for the relinquishment deed. The stamp duty and registration charges for the POA and relinquishment deed will be based on the market value of the property, which in your case is 65 lacs.

The stamp duty and registration charges vary from state to state in India, and also depend on the value of the property. In Maharashtra, the stamp duty for POA is 0.25% of the market value of the property, subject to a maximum of Rs.25,000. The registration charge for POA is Rs.1000.

For the relinquishment deed, the stamp duty in Maharashtra is 3% of the market value of the property. In addition, there is a registration fee of 1% of the market value of the property, subject to a maximum of Rs.30,000.

Therefore, based on the market value of your property at 65 lacs, the stamp duty for the POA would be Rs.16,250, and the registration fee would be Rs.1,000. The stamp duty for the relinquishment deed would be Rs.1,95,000, and the registration fee would be Rs.30,000.

Please note that the stamp duty and registration charges are subject to change, and you should confirm the current charges with the relevant authorities or a local lawyer before proceeding with the transactions.

 



Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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