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I have my Dad's property in name of 3 brothers
22-Jul-2023 (In Property Law)
My dad's property got transferred to 3 sons for which I made Release deed in back 2006 for which I did franking of 100 on stamp paper and made a release deed and it shows that I have paid 110 to stamp duty account Thane in Maharashtra .I have my name in house tax ,electricity, maintenance and also in Share certificate but now my building is going in deemed conveyance so they are saying that property is not transferred on ur name and you have to pay stamp duty for the same .what I should do as the building is demolished it's is under redevelopment and they asking 132000 for the same registration and stamp duty and asking 78000 if u do the same in ur wife's name .I was not told to pay stamp duty before how can they say now .As it was released from blood relation .Please give my proper guidance whether I should do registration now or at the time of new agreement with builder when the redevelopment will be over.
from your question it reflects that you transferred your fathers property to 3 son might be they are your brothers or that time you released your rights.
You have to check the pending stamp duty without paying stamp duty property will not transferred. as you are already released your rights long back may be from that time you have to pay the all pending Govt. tax. collect proper information of pending tax and other charges. that will help you to understand the what is pending.
You have to check the pending stamp duty without paying stamp duty property will not transferred. as you are already released your rights long back may be from that time you have to pay the all pending Govt. tax. collect proper information of pending tax and other charges. that will help you to understand the what is pending.
Helpful?
Your title documents and release needs to be checked firstly.
Basis the facts provided, it appears you did not register the release deed. Question arises that the records show it as of the previous owner, which is apparently correct to state.
Since there is defect in the title documents, there is a reason to pay the penalty on the unregistered document which can be calculated on adjudication process to access it appropriately.
You may execute a Gift Deed at this stage too and register the property in your name by paying a lesser stamp duty. Check it up. This would be the best option in my personal opinion.
Moreover, make sure necessary formal communication is done with the developer on the steps you are undertaken.
Basis the facts provided, it appears you did not register the release deed. Question arises that the records show it as of the previous owner, which is apparently correct to state.
Since there is defect in the title documents, there is a reason to pay the penalty on the unregistered document which can be calculated on adjudication process to access it appropriately.
You may execute a Gift Deed at this stage too and register the property in your name by paying a lesser stamp duty. Check it up. This would be the best option in my personal opinion.
Moreover, make sure necessary formal communication is done with the developer on the steps you are undertaken.
Helpful?
Adv. Sarthak Shah
Mumbai | 100+ Answers
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