Release deed Release deed

2 years ago

3 blood sisters nominees in property, father (owner) deceased. 2 sisters want to relinquish their name from nomination by release deed. How to show consideration, will it attract stamp duty?

Anik

Responded 2 years ago

View All Answers
A.Hi,
For a Release deed to be legally acceptable and valid, it must be registered. When such a deed is registered, the stamp duty is paid. However, showing the payment of consideration would change the form of the release deed to a sale deed which would attract more taxes.
If you like my answer, then please rate me
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Adv. Sarika Khude

Responded 2 years ago

A.The release deed must be registered to give its effect under the law and since it will be registered there will be stamp duty and registration charge on it. You need not mention the consideration amount on the release deed as if you do so it will notionally become a sale deed on which you will have to pay ad valorem to stamp duty.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.Release deed must be registered to give it effect under the law and since it will be registered there will be stamp duty and registration charge on it. You need not mention the consideration amount on the release deed as if you do so it will notionally become a sale deed on which you will have to pay ad valorem stamp duty.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconComplaint under section 209 IPC
Dear Client, Section 209 IPC states whoever fraudulently or dishonestly or with intent to injure or any person makes in a court of justice any claim which knows to be false, shall be published with im...
question iconCan a Co-owner of a Plot get his share of a flat independently
Dear Client, As per the Transfer of Property Act, every joint or co-owner has a proprietary right on the entire property. Hence, any sale has to be done with the consent of all co-owners. In this case...
question iconProperty - ancestral property- undivided
Dear Client, If your family is Hindu, the Hindu Succession Act governs the distribution of property. An undivided Hindu family typically holds property jointly. In such a case, all members have a shar...
question iconDefault of the buyer but trial court decided in his favour
Dear Client Without looking at the cas...
question iconCan we claim grand father's property after mother death
Dear Client Property laws to some exten...