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Partition of HUF-Dissolution Deed or Partition Deed & Stamp Duty
02-Oct-2023 (In Property Law)
Dear Sir/ Madam, " I have HUF having Property (Flat) & Financial assets in Delhi. I want to carry out complete full partition of HUF and want to register the partition deed.& carry out Mutation of Flat" A. Should I go for dissolution deed or Partition Deed. B. On Registration of deed will the stamp duty applicable on 1. Total value of Financial Assets 2. Total Value of Property ( Flat) 3. Or On Total Value of Financial Assets & Property ( Flat) I would be highly grateful for your expert advice at the earliest. Best Regards
To answer your query, to carry out a full partition you can either draw up a partition deed and have it registered OR, if there are disputes, file a suit for partition. In the case of immoveable property, like the flat, you will have to take your monetary share of the property after getting it valued. Stamp duty payable will be on the total vlaue of the properties you want partitioned.
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Adv. Angad Mehta
Delhi | 100+ Answers
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Dear Sir There are different ways of going through the partition of HUF property firstly you can go ahead and work a family settlement deed among yourself and get it registered..Secondly if other legal heirs do not agree to the terms and conditions then can go ahead and file a suit for partition and title in accordance to your respective share..The court fee applicable on suit for partition is the market value of the property the prevailing circle rate;each property will be evaluated as per their market rate for court fee.Thanks
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Adv. Nishant Solanki
Delhi | 200+ Answers
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It is Karta who manages HUF. From your averment I is not clear as to whether or not you are Karta.
More facts and circumstances are required to be examined to answer your question. You may contact me for needful.
More facts and circumstances are required to be examined to answer your question. You may contact me for needful.
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Adv. S P Srivastava
Delhi | 200+ Answers
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Hi, will glad to help you. According to me, you should file a suit for partition before the district court under whose jurisdiction your properties are situated. Market value of your property will decide stamp duty.
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Adv. Akash Vajpai
Delhi | 100+ Answers
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