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Stamp duty query & relinquishment Deed. Legal Advise solicited.
28-Jul-2023 (In Property Law)
Good day. I am looking to purchase a resale property. Property particulars as follows. Property purchased on 28th Sept 1985. Stamp duty paid on only 5 RS revenue stamp and not registered.Property owner passed away leaving behind 3 children. Property was passed on to the son who was named nominee on the same. Following queries 1. Understand stamp duty will be applicable on the existing agreement at the time of conveyance, however as agreement was not registered unclear on the Stamp duty value / amount. Kindly advise. 2. If property is transferred by the society to the son, is it required to have a release / relinquishment deed to protect my interest. Also one of the owners daughters has passed away. She was unmarried leaving behind no heirs. How do we address this issue in relinquishment deed. And what all documents are required for relinquishment deed. Kindly advise. Thanks in advance.
From 1985 upto totoday means 31 years. If there was no suit file about this property in court. After 31 years no body can claim their right. But it important take search of proprety from 1980 to 2017 . Take search of court whether any suit is file ragarding this property. When person died his all legal heir came on record means all sons and daughters r owner of the property. In your case sons r owner of property. Whether that made a will if no will deed no gift deed in favour of one son then all sons r owner. At the time of sale transaction all 3 sons r require
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Adv. Meena Chaudhari
Navi Mumbai | 100+ Answers
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Is relinquishment deed enough to sell property?
Only in the case of inherited property is it possible to transfer rights through a relinquishment. This would include your ancestral property, to which you are entitled by Hindu law, and any self-acquired properties of your father in the event he died interstate. 18-Oct-2023
Is relinquishment deed applicable in Uttar Pradesh?
The relinquishment can be registered in Uttar Pradesh if the property is located there. 21-Aug-2020
Is relinquishment deed proof of ownership?
A relinquishment document is a legal document which transfers ownership of property from one party to another. This document is used when a coowner or legal inheritor wishes to transfer his or her share of the property. 22-Mar-2023
What is the Supreme Court Judgement on relinquishment deed?
Supreme Court judgements on Relinquishment Deed
The Supreme Court ruled that a relinquishment act could not transfer title to another person. Renunciations should be made in these acts in favor of someone who already has a legal title to the property.
Hello, 1) yes, you will have to pay the stamp duty on existing conveyance 2) seller may obtain succession certificate or even release deed will do the needful. For release deed you need to appoint a lawyer who will do need ful.
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Adv. Sagar Kothari
Pune | 400+ Answers
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