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Hakka Sod Patra Relinquishment deed in Maharashtra
हिंदी में पढ़ेंAugust 16, 2022
By Advocate Chikirsha Mohanty
Table of Contents
What is Hakka Sod Patra?
A Hakka Sod Patra (or Haq Sod Patra) is a relinquishment deed specific to the region of Maharashtra wherein a person legally or formally gives up or releases his legal rights of the said property being relinquished in the name of some other person. This is one of the modes of transferring rights of an immovable property.
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What is the registration procedure for Hakka Sod Patra?
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The Hakka sod Patra is prepared or drafted by an advocate.
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Stamp duty is purchased for execution. However, the Maharashtra government has announced that there will be no Stamp Duty applicable on the transfer of land, building, and estate to legal heirs and successors.
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A date is fixed for registration in the Sub-Registrar office.
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The government registration fee is paid.
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Both the parties and 2 witnesses are required to visit the registrar's office on the fixed day for the registration.
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Registered relinquishment deed or Haqqa Sod Patra is collected after a week
What are the advantages and disadvantages of transferring a property through a relinquishment deed?
Advantage
This document is most commonly used when a person dies without leaving behind a will and all siblings end up inheriting the property. Unlike a gift deed, you can draw the relinquishment deed for monetary consideration.
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Limitations
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There are no tax benefits. The term ‘transfer’ includes relinquishment, not gift. Hence, when you are relinquishing property for monetary consideration, it will result in capital gains for the transferor.
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If the consideration is less than the stamp duty value of the property, the difference between the stamp duty and the consideration will be taxed in the hands of the buyer.
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If you relinquish it without any consideration, the stamp duty value of the property will be its sales price.
How can a lawyer help?
A Hakka sod Patra being a legal document requires the supervision of a legal expert for the purpose of drafting and executing. A documentation lawyer , owing to his years of experience in handling property-related documents, can guide you through the procedure of drafting and registration of the same. He can get the document drafted on your behalf and can ensure that your other rights or assets are not affected by executing a particular document. He can make sure that all the legal formalities are fulfilled while following the legal procedures and no legal harm is done to the property holder during the transaction. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert property lawyers.
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Comments by Users
Mandar joshi
My aun is expired and his husband and son doing the hakka sod patra on my name.is the stamp duty is required
Reply by LawRato
Even though the Maharashtra government has announced that there will be no Stamp Duty applicable on the transfer of land, building, and estate to legal heirs and successors, it is recommended to take the advice of a local lawyer who will guide you after understanding the facts of your matter in detail.
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Legal Questions Answered by Top Lawyers
my mamaji take register hakka sod patra from my mother in 2007 can i cancelled hakka sod patra please adive me. hindu religion
Answer
As per your query
If your property is an ancestral property and you were below 18 years of age at the time of registering the said Hakka Sod Patra you can definitely challenge the same before the Court in respect to your share in the property. If your mother is still alive she can also challenge the same.
Regards
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Hakka sod patra possible with father and son If possible so what is the process ? so kindly give me proper process note.
Answer
Dear Sir,
According to your query Hakka sod that is relinquishment deed can be done between father & son. For to do you need to draft it in proper format, specifically mention all details discription of property, affixed or pay stipulated stamp duty & make registration of it in Sub registrar of your area.
Thank you,
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My father has house, land and some bank deposit. Due to some personal reasons I dont want that property after him, so can I make hakka sod patra now so that legally that property wont be mine. Right now I dont own anything, all property on his name, So can I make any provision now so nothing will be mine later.
Answer
Dear Sir
Thank you for your query.
A Hakka Sod Patra (or Haq Sod Patra) is relinquishment deed specific to the region of Maharashtra where in you can legally or formally gives up or releases your legal rights on the said property being relinquished in the name of some other person. This is one of the modes of transferring rights of an immovable property. You can seek assistance from a lawyer to help you in either notarising or registering the same with the sub-registrar's office local at your jurisdiction.
Should you have any queries please do not hesitate to contact me.
Yours sincerely
Adv Farhat Warsi
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40 guntta land of Grand mother distributed equally in her 5 sons and 3 daughters. out of that 5 sons and 1 daughter transfer their share in my name (to one nephew) through registered hakka sod patra so now my question is that how this will reflect in 7/12 because there is no indication on 7/12 regarding the hissa of each person.(there are till total 6 names in 7/12 1 aunt and 4 child of second aunt was died and myself. As per the Hakka soda my hissa is 5 guntta plus other hakka sod in my name is 25 guntta total 30 guntta. and the hissa of remaining is 5 guntta each.and who is the authorised person will give order to indicate the hissas on 7/12 pl.advice.
Answer
Dear Sir/Madam,
You can get your land partitioned by the Tehsildar of your district or enter into a arrangement for amicable partition and accordingly the land will be partitioned and the individual names can be entered on the separate 7/12 extracts.
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I am having a joining plot with my mother and elder brother name also in that, we got same property from my dad who was died, in that plot my mother had sign registered hakka sod patra in my favor for her named portion only, but i didnot taken NOC from elder brother in hakka sod patra,but taken my little sister NOC who was married in 2008, can i able to claim for PR CARD for the portion of my mother only who already given in written by hakka sod patra in my favour?? and can it is valid?? means can my bother challenge it legally?
Answer
Dear Client,
You can remove your mothers name in the property card and your brother can not object to such mutation. Since the property is begotten after the death of your father, all the legal heirs have equal undivided share in the property, and any one can give such property to anyone less, to the exclusion of the others
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User Reviews
4.5 - 22 reviews
very well. Please share hakka sod patra format
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