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Settlement deed in rs 100 stamp paper

(Querist) 23 June 2014 This query is : Resolved 
Sir,

I reside in chennai and in a house which is owned by my father. I am the only son. Without my knowledge my father has done a settlement deed in Rs 100 Stamp paper couple of years before in my favour. Now, if I see the settlement deed laws, it says it should be written on the stamp paper worth of 4% of the total worth of the property or in a Rs 10,000 stamp paper. All I need to know is, is the settlement deed written on Rs 100 stamp paper valid ? or should I cancel and re-write it ? if so what is the procedure ? could you please advice.

Thanks
TKN
ajay sethi (Expert) 23 June 2014
is the settlement deed registered? document which is understamped is in admissible in evidence .

if it is not registered your father can have fresh gift deed prepared duly stamped and registered
Sankaranarayanan (Expert) 23 June 2014
Whether the settlement deed been registered ?
Devajyoti Barman (Expert) 23 June 2014
settlement deed if not registered is not complete but to execute another deed ignoring this is not so easy and liable for challenge before the court of law.
Rajendra K Goyal (Expert) 23 June 2014
Request your father to write new settlement deed / gift deed and get it registered.
TKN (Querist) 23 June 2014
Yes Sir, The settlement deed is registered. So if registered even on Rs 100 stamp paper its valid correct ?
Devajyoti Barman (Expert) 23 June 2014
if it is registered then payment of proper stamp duty is presumed.
TKN (Querist) 27 June 2014
Thank you sir.


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