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Release Deed Stamp Duty in Mumbai, India
04-Jul-2024 (In Property Law)
- What are the stamp duty charges for this transfer?
- What is the stamp duty on release deed in Maharashtra?
- How much registration fee will I have to pay?
- What is the approximate time estimate for this procedure?
- How does stamp duty for release deed in Maharashtra compare with the stamp duty on relinquishment deed in cases of blood relation property transfers?
In Maharashtra a release deed between specified blood relatives in respect of ancestral property is stamped at a nominal Rs.200 under Article 52 of the Bombay Stamp Act; registration charges are ad valorem at 1% of the market/agreement value subject to a maximum of Rs.30,000. [https://indiankanoon.org/doc/140940389/] [https://www.scribd.com/document/927077395/Mumbai-Stamp-Duty-Ready-Reckoner-2025-26-Sampat-Doshi-1] For non-ancestral releases the duty is that of a conveyance (generally 5% of market value in urban areas, plus any applicable metro-cess/local-body tax) with the same 1% (cap Rs.30,000) registration charge. [https://www.taxmann.com/post/blog/all-about-maharashtra-stamp-duty-amnesty-scheme] A relinquishment deed (one co-owner renouncing a share in favour of other co-owners) is ordinarily treated as a release and attracts the Article 52 treatment where its conditions are met, but if the instrument effectively vests title in a person who had no prior right (or operates as a transfer) authorities may classify it as a conveyance and demand higher duty; see Asha Krishinlall Bajaj v. Sub'Registrar of Assurances (Bombay H C) and Shri Shailesh Harilal Poonatar v. District Collector of Stamps (Bombay H C) and the Full Bench principle in Board of Revenue v. V.M. Murugesa Mudaliar (Madras). [https://indiankanoon.org/doc/350619/] [https://indiankanoon.org/doc/1180292/] [https://indiankanoon.org/doc/1510383/].
In Delhi, the stamp duty for a release deed is 6% of the consideration amount or circle rate (whichever is higher) if the releasee is male, and 4% if the releasee is female. Additionally, a 1% registration fee and a Rs. 100 pasting fee apply. In Maharashtra, for ancestral property released within close blood relations, the stamp duty is a fixed Rs. 200. For other cases, including non-ancestral property or unrelated parties, the stamp duty is generally 5% of the property's market value. In Mumbai, this is often 6% (including 1% metro cess), with registration charges at 1%, capped at Rs. 30,000.
Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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- 5% stamp duty on the property’s market value
- 1% metro cess (applicable in Mumbai and other metro areas)
- Registration fee: Capped at ₹30,000
Adv. Chinnmay S. Shah
Adv. Chinnmay S. Shah
Mumbai | 100+ Answers
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- The release deed must be carefully drafted to ensure legality.
- Stamp duty and registration fees are minimal in the case of transfers between blood relatives.
- Letters of administration may be required if the father’s property was not transferred through a will.
- Consult a local property lawyer to ensure compliance with Maharashtra’s property laws.
Adv. Gowaal Padavi
Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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