Is it mandatory to pay stamp duty to transfer commercial property


My father passed away 2 yrs back,he is owning commercial property in mumbai which we (4 brothers) want it to tansfer in our mothers name. This property was purchased by our father in 1987 for which the stamp duty was not paid neither it was registered.Our soc. is reluctant to transfer it in our mothers name stating that they will do the same only after the necessary stamp duty is paid.So my question is that is it mandatory to pay the stamp duty.

Answers (1)


176 votes

The society is takin you for ride they have no role in the matter. You can obtain sucession certificate for court and thereby transfer the said property in your mothers name. I mean to say is your mother will have to file for a sucession certificate. Moreover you can file a suit against the society under the provisions of specific relief also.


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