Doubts in memorendum of oral partition deed
siri
(Querist) 21 October 2011
This query is : Resolved
I have one doubt..
1) since memorendum of oral partition did not require any stamp duty,then 2 brothers can write their partition in style of memorendum of oral partition deed about their shared property in nominal stamp duty Rs100 and get it registered in sub register office only paying registeration fee of .5% of market value
NOTE: Here stamp duty(3%) & registering fee(.5%) together 3.5% of market value for general partition deed in my state.So here it is possible for 2 brothers to pay only registering fee of .5% of market value & exemtion in stamp duty by writing in style of memorendum of oral partition deed & registered in sub register office
Raj Kumar Makkad
(Expert) 21 October 2011
I think you have mentioned the rates of registration of partition deed for the properties other than agricultural as there is no duty for agricultural land partition in maximum states.
AND if in your state minimum duty for such matter prescribed then it is illegal no to fllow that direction and in that case your arrangement is illegal and may create problem for your coming generations.
Devajyoti Barman
(Expert) 21 October 2011
It would depend upon the discretion of the Registrar. Generally when the Registrar finds a document executed in a such a fashion as to avoid stamp duty , he can treat it like the actual document and fixes stamp duty.
