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Registration Settlement Deed and applicability of stamp duty on the it


14-Jul-2023 (In Property Law)
Two brothers & mother (hindu) wish to enter into settlement deed for a flat in Mumbai where mother will transfer the flat to one brother after her death. Is it required to register the deed? stamp duty is applicable? is there any other option where other brother will not claim the property afterwards? is it required to get NOC/relinquishment from the brother who doesn't get the property?
Answers (3)

Answer #1
864 votes
Dear friend,
Your mother can give the flat to one of brother by making gift deed or will with register documents, And relinquished deed from another brother in which he would have release his share in the HUD property. All documents should have registered. Nominal stamp duty are there in case of close relative? for this you required any guidance to do the documents you can contact with me
Answer #2
947 votes
Hi,

your brother's relinquishment deed is required and the your mother can execute registered gift deed in tour name so that title can transfer to your name.
Also in gift deed the reference of relinquish deed need to mention.


Thanks
Answer #3
901 votes
You are not elaborated whose name is the property currently Rajasthan. The property registered in your mother's name, your mother can transfer the property in your name buy gift deed. It’s is mandatory to register the Gift deed and the Stamp duty is nominal as it’s from Mother to Son.

If the Gift Deed is registered, then you don’t need the NOC from your Brother.

This would work only if the Property is registered in your Mother’s name.

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