Not responding for mutation of name in sub register office
siri
(Querist) 24 October 2011
This query is : Resolved
I am from andhra pradesh.There is no compulsary for probate of WILL in my city .I & my sister got house of land 230 sq yds & 220 sq yds with clear mentioned boundaries through WILL that was wtitten by my mother & registered in sub register office 1995.My mother died on 1998.My sister sold her shared property on year 2000.Now I am paying house tax on my name since 1998 to 2011 on my name..Now recently I went to sub register office with original WILL, death certificate of my mother and writing contents of WILL of my shared property on 100 rs stamp paper and asked for registeration with nominal fee in subregister office irrespective of market value & write my name as owner in owner register book .i.e BOOK no 1 , for this sub register office staff repied that...
My mother written WILL deed is already registered & it was written in BOOK no 3 in year 1995.Now to enter beneficiary name i.e me for my shared property as owner in BOOK no 1,1st I have to registered my property on my name then my name is entered into BOOK no 1 as owner which is public record.For this they also said that I have to pay stamp duty & registering fee(3.5 % of market value in my state for non agricultural land for partition gift) .I argued that alredy WILL is registered at that time of 1995 and testator died on 1998 & now I am the Owner of my said property ,so with nominal registering fees without stamp duty plz register my prppert & enter my name as owner in BOOK no 1 which is public record but there was no use..NOTE: Already my name is mutuated in municipal office but in sub register ofiice it is not so.
So I request you 1) all plz give legal advice to register my property with only nominal fee & enter my name in BOOK no 1 as already WILL is registered and there was no dispute in WILL
2) can I fight in court..if so chances of winning
3)and any more valuable advices
Devajyoti Barman
(Expert) 24 October 2011
Consult a local lawyer as the issue of stamp duty differs from state to state.
R.Ramachandran
(Expert) 24 October 2011
Dear Mr. Siri,
I would suggest that first you should file an RTI Application to the following effect:
1. Whether any WILL by ..... (give name of your mother) in favour of ...... (give name of you and your sister) in regard to property ........ (give property particulars) has been registered with the Sub-Registrar's office on ........... (give date when the WILL was registered)?
2. Whether on the basis of the Death Certificate of the aforesaid Testator (give name of your mother), coupled with the Attested copy of the Original Registered WILL stated above, mutation of the property in favour of the beneficiary under the WILL namely ..... (give your name) can be effected?
3. What is the Stamp Duty payable, if any, for the aforesaid mutation of the property in the name of the beneficiary under the WILL?
4. Is there any other charges payable by the beneficiary under the aforesaid WILL for getting the mutation done. If so the details thereof.
The above RTI application will get you the required information.
After receiving the information, if you still have doubt, you can approach this LCI site.
siri
(Querist) 24 October 2011
I am not asking stamp duty fee sir... just I am asking whether i have to pay again stamp duty & registeration fee for my property that obtained to me through WILL to enter as owner in owner register i.e BOOK no 1 which is public document in sub register office.IS my above argument version is correct or not
R.Ramachandran
(Expert) 24 October 2011
Dear Mr. Siri,
Do not try to be smart.
You said that while you are insisting that only nominal stamp duty is required to be paid (since the mutation is through WILL), but the officials at Sub-Registrar's office are insisting that 3.5% stamp duty on market value of the property is payable.
That was the problem posed by you.
Sitting at here, we say that only nominal fee / stamp duty is payable for the purposes of mutation on the basis of WILL.
But since you are facing a field level problem at Sub-Registrar's office, I suggested that the only method by which you can get the authentic reply is through RTI.
Now, you say that you are not asking for Stamp duty fee!
In fact you are asking whether you have to again pay stamp duty!
Therefore, instead of initially getting into any argument, it would be advisable for you to submit a RTI application seeking the information. Thereafter one can argue.
prabhakar singh
(Expert) 24 October 2011
It is always with author ,not for first time Mr. Ramachandran.He knowingly do it .you can check his several queries asked in past.
siri
(Querist) 24 October 2011
sir,As soon as when advocate barman had replied me,I have questioned for not stamp duty i.e while typing my reply to advocate barman and posted my reply & on the last minute of reply Mr,Ramachandran sir had replied for my 1st questiion.I came to know reply of Mr.ramchandran only after posting of my 2nd question.But any way due to communocaton,it happens like I am questioning for person Mr.ramachandran but really its not..
So sorry from my side to Mr,ramachandran and to other lawyers who are trying to give reply to my question
