Is stamp duty payable on probating a will


My father had by regd will deed devolved 3 floors one on each of 3 brothers and me being divorced daughter living with him and there are other 3 married sisters who have no objection hence property mutated in municipal records. if we go for probate of will, what stamp duty or other charges are leviable on each of us. Can we go for relinquishment deed in alternative as title deed with out payment of stamp duty?

Answers (1)


125 votes
For probate of will you have to pay court fees and not stamp duty. In Maharashtra maximum court fees is Rs 75000 for probate. You will have to check court fees act for delhi as regards court fees payable on probate. In addition you need to pay legal fees. Generally for probate wherein will is not contested it would take maximum of 6 months and Probate of will is not mandatory in Delhi. In your case sisters can execute a Deed of Relinquishment in your favor. You may have it duly stamped and registered.


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