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Procedure to transfer property without paying stamp duty
19-Jun-2023 (In Property Law)
Hi, My Grandparents died some years ago and there is no will available and they have 3 children, 2 sons and 1 daughter. Their Daughter is ready to leave her share and ready to sign the relinquishment deed and the property should be in the favour of 2 sons. There are 2 floors and both the sons are ready to take 1 floor each, is there any way we can save the stamp duty and get the property transferred to their Legal heirs or any other way we can sign an agreement to effect this. Your reply will be highly appreciated. Thanks!
Hi,
There are two ways of acceding to the family property. first you may file the partition suit mentioning all the relevant parties to the suit i.e. both sons and a daughter and a wife of deceased if alive and then after few date file the compromise in the court. This is the best way to distribute the family property. secondly you may write the memorandum of partition and all the family members sign on that memorandum in order to confirm the family partition. Also any property transaction belonging to family by a single person in consonance with the memorandum also prove the partition valid and all the coparceners may possess right, title over the share of their property. your query was much related to internal family property and hence these are the best way to proceed as per you query.
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Adv. Aditya Saurabh
Delhi | 25+ Answers
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No there is no way to evade stamp duty at the time of transfer of share because every transfer need to be updated in the govt revenue records and this is be done only by payment of requisite stamp duty
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Adv. Ranjan Kumar Rai
Delhi | 25+ Answers
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