Registration fees etc.
SANJEEV JAIN
(Querist) 02 January 2014
This query is : Resolved
We have one house property at Ahmedabad and 2nd in Delhi, jointly owned (equal share) by A & B. A resides in AHMEDABAD house and B in DELHI house.
A has filed partition suit for DELHI house, and B for AHMEDABAD house. Now both A & B want to settle the cases in court, and ready to leave their share in other's house.
In AHMEDABAD, if A gets absolute ownership under court order, and withdrawal of ownership by B, what will be the expenses for registration, stamp duty etc. to be born by A ?
Dr J C Vashista
(Expert) 03 January 2014
Sanjeev ji,
Stamp duty and registeration fees is a state subject, it is advised to consult local lawyer/website of gevernement (revenue department).
Why donot prefer Relinquishment/release Deed (cheap & best)?
malipeddi jaggarao
(Expert) 03 January 2014
One relinquishment/release deed is enough for both the properties.
Hemant Agarwal
(Expert) 03 January 2014
1. IF the properties belong to "Family members" (under Class-I Hindu Succession Act), then the logical solution is to execute a "Family Settlement Deed", with appropriate clauses, and relinquish each others rights on the respective properties.
2. Registration fees on the very higher side would be 30,000/- and Stamp duty would be approx. 2% of the rateable value of the property (prevailing price). Even this can be circumvented, to a great extent, provided there are no legal disputes between the related families.
3. File the duly executed & registered "Family Settlement Deed", in the court, and pray for declaration order to permanently conclude the matter. The "Family Settlement Deed" and the court order, may be used to make relevant changes in the title-ownership of the properties, in the revenue /municipal records.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Devajyoti Barman
(Expert) 03 January 2014
Yes. do as advised above. It is best option.
ajay sethi
(Expert) 03 January 2014
agree with MR agarwal
Rajendra K Goyal
(Expert) 03 January 2014
Well advised by the expert Hemant Agarwal ji, Registration would be a costly affair.
Since the case is pending at both the places, court may also decree according to mutual settlement.
ABDUL RAZIQUE
(Expert) 04 January 2014
Agree with experts, nothing more to add.
Advocate Ramesh
(Expert) 04 January 2014
you can settle the matter in any one of the court through obtain a compromise degree. and the stamp duty is to register the compromise degree is 1% of the value itself. So better to file a petition under section order 23 rule 3 of cpc. and get compromise degree. Then you can pay 1% of the value through NJS. they will give compromise degree. this is the simple way
