Stamp duty for registration of hiba
MOHAMED FIROZ
(Querist) 17 February 2018
This query is : Open
We are Muslims living in Tamil Nadu. My elder brother has gifted a property owned by him to three of us ( myself, my son and my wife ) under a single hibanama ( Rs. 20/- Stamp paper) ten years back. Based on this Hibanama I have constructed a building on this site and have got the EB connection, Water connection and Drainage connection in the name of the three persons (donees). The property tax receipts are also bear the three names together. The rent accrued from the building is also divided equally and the rent receipts are given individually. The income is also shown in the Income tax returns and since below the tax limit, no tax.is payable.
Since the Hibanama is only on a piece of paper, I now want to register it and get for the property a registered document to facilitate future sale purposes. I heared that a Hiba must be registered within four months. Can this Hibanama be registered now? What is the stamp duty applicable on this registration process in Tamil Nadu?. What is the procedure to be followed? Please give your esteemed advice.
MOHAMED FIROZ
kavksatyanarayana
(Expert) 17 February 2018
Request your brother to execute a Gift deed in favour of you, your wife and son. in the gift deed " the property now executed was already gifted to the donees 10 years back and all the taxes are being paid by the donees" shall be mentioned. consult the sub registrar concerned.
Sri Vijayan.A
(Expert) 18 February 2018
Hiba must be registered.
Any document has to be registered within months from its execution.
In your case, ask your brother to execute a fresh Hiba, stating earlier case, register it now.
If your brother is compulsorily needed for registration.
A. Sri Vijayan
Chennai
94440 48547
R.Ramachandran
(Expert) 18 February 2018
Since it is a valid hibanama, there is no need for any registration under Registration Act, 1908. There is exemption from registration of such a gift deed under Section 129 of the Transfer of property Act, 1882.
However, you have to get the property mutated in the name of donees on the basis of the Hibanama.
You have to preserve the Hibanama (for all times to come). Merely on the basis of the Hibanama + mutation details, (i.e. without Registration in favour of the Donees), you will be able to sell the property in future without any problem.
Dr J C Vashista
(Expert) 19 February 2018
I do not have much to say about hibanama, however, if it a gift deed it has to be a compulsory registrable document u/s 17(2) of the Registration Act, otherwise, title of the property can neither be transferred from donor to donee nor it can be mutated in the name of donee.
Mutation of property do not confer any title (ownership).
MOHAMED FIROZ
(Querist) 19 February 2018
Thank you Mr. Vijayan for your kind guidance in this matter. Please advise me about the value of the stamp paper needed for registration. I assume that the property may valued at above Rs. 30 lakhs. Will the cap of Rs. 25000 on stamp paper for settlement deeds also apply for this?
MOHAMED FIROZ
(Querist) 19 February 2018
Thank you Mr. Vijayan for your kind guidance in this matter. Please advise me about the value of the stamp paper needed for registration. I assume that the property may valued at above Rs. 30 lakhs. Will the cap of Rs. 25000 on stamp paper for settlement deeds also apply for this?
