Registration of court decree for division of family property
Querist :
Anonymous
(Querist) 14 August 2018
This query is : Open
I and my brother inherited a couple of immoveable properties from our father. The same were transferred jointly in our names by the Development authority, on the demise of our parents, by executing a freehold Registry in our joint names, stamp duty based on the original cost of allotment to our father.
Subsequently, I and my brother had a dispute and the matter was resolved through a court decree dividing the family property, in which each of both the immoveable properties were assigned exclusively to each brother. When I approached the Development authority in Ghaziabad to mutate the property in my name exclusively by deleting the share of my brother, based on the terms of the court decree, they have asked for the court decree to be registered.
My question is 1) Aren't Court decrees sufficient proof of title to property? 2) In case the Court decree is essential, what will be the basis of valuation of the Decree for purpose of stamp duty? Present circle rates or original purchase value of our father?Please note that the property is original allotment and there is no sale/purchase involved.
