Relinquishment deeds and mutation of property in delhi
RAJNISH BHUTANI
(Querist) 17 May 2012
This query is : Resolved
My mother who expired recently owned a freehold three storied residential property in Delhi and during her lifetime had registered a will bequeathing three separate floors of this property to three out of her five children, all adults. One of her other two children, who were not bequeathed any part of this property in her will, has been living in USA for a long time and is a US citizen.
MCD when approached for mutation of three separate floors in favour of three children, asked NOCs to be submitted by the other two children.
My queries are :
1. Is it necessary for the NOC affidavit to be obtained from USA to be adjudicated by the Collector's office in Delhi ?
2. Is it recommended to get three separate Relinquishment Deeds registered in the sub-registrar's office in Delhi for each floor of this residential property.
3. Will any stamp duty be payable on such relinquishment deeds to be registered as per details of my mother's will which had already been registered in the sub-registrar's office ?
Adv.R.P.Chugh
(Expert) 17 May 2012
Dear Mr.Bhutani,
1. Get the NOC there's no harm in it.
2. On Registered Relinquishment Deeds stamp duty same as a conveyance is payable (5 % in Delhi)
3. It's all advisable to execute Relinquishment deeds to rule out future disputes and hassles by ousted legal heirs.
Feel free to talk !
RAJNISH BHUTANI
(Querist) 17 May 2012
Dear Mr. Bharat Chugh
Thanks for your advice.
Kindly also clarify whether affidavit obtained from US based family member would need to be adjudicated by the Collector's office in Delhi.
We have been advised that no stamp duty will be payable if the three Relinquishment Deeds are prepared by linking them with the contents of the registered will. Do you agree ?
Shonee Kapoor
(Expert) 18 May 2012
The affidavit from US need to be counter-signed by the Indian Embassy.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
