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sundar (Executive)     15 June 2010

Release Deed & Rate of Stamp Duty

Sir,

 

A person ( who got the life estate / Life interest through a Will ) decides to renounce / release / settle his life interest (over the immovable property ) to his Grandson ( who already has the vested interest over the Same property by the mentioned Will.)

 

For that...

Either Settlement deed is the right Choice ?  or Release Deed is a right choice ?

What about the Rate of Stamp duty for the respective deeds, at present?

Kindly clarify it.

Thanking you.




Learning

 4 Replies

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     15 June 2010

si,

settlement deed is peferable may be 1 or 2%stamppd uty will be imposed on market value

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     17 June 2010

The person is not an absolute owner to execute any sale or settlement. He or she cannot deal with the property independently.  A life interest or a life estate is only an interest in an immovable property. It is created for the lifetime of the person or persons concerned. The ultimate interest is always in favour of “Remainder-man”. The life interest or the life estate ends on the death of the person in whose favour it is created.

A life interest can be extinguished or released or relinquished in favour of the ultimate beneficiary by executing a registered deed. 

The grandson is having remainig rights over the property. Therefore the person can execute RELEASE deed, releasing your "life interest" to favour of grandson to make him absolute owner.

(Stamp duty for settlement and Release is the same at 1% in Tamilnadu)

sundar (Executive)     20 June 2010

Sir,

Thank you very much for your kind response, in the meantime of your busy schedule.

But in our Area (Tirunelveli), a Document Writer said " Comparing with Settlement, Release is much costlier and the Release deed needs atleast  8% of Stamp-duty  of the Property Value".

Sir, I need your Guidance.

Thanking you.

 

sundar (Executive)     20 June 2010

Sir ( Mr.Ramesh),

I like to add one more information.

An Adovocate said...

      " Release Deed in only possible between Coowners.

         Life Interest holder shall not release his interest to Vested Reminders through Release-Deed. 

And he said ...

      " Release is much costlier and you prefer Settlement.  Relinquishment-Deed also needs 8% of

       Stamp-duty like Release-Deed."

I am in Tirunelveli

I expect your Guidance


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