• Stamp duty for partition of family property in Kerala

My brother and I wish to partition our deceased mother's property in Kerala. 
1) What is the applicable stamp duty and registration fee?
2) What is the process

thanks
Prashant
Asked 10 months ago in Property Law from Singapore
Religion: Hindu
Registration fees differs from state to state.
Since the property is in Kerala someone from this state can guide you properly as far as stamp duty is concerned.
As per Gharbari.com the stamp duty is 7& on the market value of the property.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
1) stamp duty is state subject and varies from state to state 

2) For family property partitions, the stamp duty is fixed to Rs 1,000, irrespective of the value of the land in Kerala 

3) you can contact a local lawyer and have deed of partition drafted duly stamped and regd
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
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Although I do not practice in Kerala but according to my knowledge the stamp duty and registration charges for partition among blood relations is set at Rs.1000/- for stamp paper and 1% subject to a maximum of Rs.25000/- as registration fee. If there any recent amendments to this then a Kerala based lawyer will be able to clarify.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Hi, you have to entered into partition deed between your self and your brother sharing the property of your mother.

2. Normally Rupees 1,000/- per share and 1% Registration charges and maximum is  Rupees 25,000/-
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The stamp duty for  Municipality , Corporation and Panchayat is now same rate of 6% +  Two ( 2% ) percentages will be charged as the Registration fees. Document writer's fee also depends on the cost of the property and varies with individuals. 

For partition deed  the stamp duty is fixed to Rs 1,000 and Registration fee is 1%  as per the Fair Value of landed property

Now the registration is done through online .
1. Take the token for registration through online and 
2. Submit the document manually with original prior deed and ID proof and Pan card   
3. Presence of seller is must before registrar
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Registration of document
The Non-Testamentary Documents are to be prepared either by the licensed document writer or by the advocates. The document should bear the required stamp duty as per the Kerala Stamp Act 1959. The required registration fee has also to be paid in cash at the Sub Registrar Office at the time of presentation of documents. The Executants, Claimant or the Power of Attorney holder may present the documents. But either the Executants or the Power of Attorney holder should invariably be present for admitting execution of the document at the Sub Registry Offices
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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1. The amount of Stamp duty required for registering partition deed depends on the circle rate of the property being partitioned which you can ascertain by submitting query sheet before the Sub-Registrar. The concerned sub-registrar will return the said query sheet by informing you the amount of stamp duty and registration fees that will be required for registering the said partition deed. You shall also come to know the current value of your said property as recorded with the Govt.,

2. Engage a local lawyer having expertise in this field and get the partition deed made as per your instruction. After that the said Deed is to be registered by paying the stamp duty, registration fees and the lawyer's fees.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
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For family property partitions, the stamp duty is fixed to Rs 1,000, irrespective of the value of the land, but still 2% of the land value need to be to government for registration charges. For this purpose, the immediate family is defined as wife, husband, children, brothers, sisters, children and grandchildren.
The process is that you prepare a partition deed through a document writer, get it registered by paying the applicable fee in the registrar's office within the limits where the property situate.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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