Stamp duty

Querist : Anonymous (Querist) 28 October 2011 This query is : Resolved
Sir,

How can i reduce the stamp Duty on a house which is currently registered under my Uncle's name to be transferred under my name.
the relation between me and him is that i am the son of his cousin elder brother. his dad and my grandfather were blood-related.

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Devajyoti Barman (Expert) 28 October 2011
You can not reduce the stamp duty.

Since both of you are distantly related the stamp duty would be like any normal sale deed.

Sailesh Kumar Shah (Expert) 28 October 2011
As per my best information that no remission in stamp duty is applicable to blood relation.

sanjeev murthy desai (Expert) 28 October 2011
Payment of the stamp duty is mandatory. As good citizen of India it is our duty to pay when it is necessary. In your case, such relationship may not be considered as 'family members' prescribed in the Stamp Act. Hence there is no exemption!!!

ajay sethi (Expert) 28 October 2011
no lawyer will advice you to violate the law . payemtn of stamp duty is must .

your uncle can nominate you for the flat .
or your uncle can make a will bequeathing property in your name . in such a case no stamp duty paybale legally for transfer of flat

prabhakar singh (Expert) 28 October 2011
Your relation with your uncle has nothing to do when property is owned by your uncle ,you do need to pay stamp duty as per state law where property situates if you desire to be owner in his life time;else the option is WILL which shall not attaract stamp duty just now but shall come into operation only after his death and he would be still competent to
dispose the property in his life time either by sale or gift etc.,and can make as many WILL in his life time as he desires without any interference and only last WILL shall be enforced.

Hence evaluate your circumstances and accordingly act.

Shonee Kapoor (Expert) 28 October 2011
Stamp duty is must in case of gift as well.

However will operates at a diffirent level.

As advised by Ld. Prabhakar Singh, weight your options and proceed.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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