Stamp duty + registration of a 2008 affidavit

Siddique (Querist) 20 July 2016 This query is : Resolved
Both, the Original Member (OM) + the Associate Member (AM) of a CHS flat died leaving behind a brother (B) of OM and wife of AM.

Wife signed an affidavit (on her own behalf and on behalf of her children) surrendering all her rights in favour of brother B. Wife was paid 'X' Amount as her full and final share of her husband's (AM) inheritance and this was recorded in the affidavit.

This was in 2008. Property value then was 30 Lacs. Brother B wishes to get that affidavit mentioned above, registered now and pay stamp duty + any penalty for deficit /non payment of stamp duty in 2008. Wife of AM also expired a year later.

How should B compute the stamp duty + penalty? on 'X' Amount or on 30 lacs ?

For registration, since wife is no more, how to get the afidavit registered ?

Guidance from legal experts will be highly appreciated.

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Guest (Expert) 21 July 2016
Do you have any concern with the property?

However, if computation of stamp duty is the problem, not any other legal hurdle, B may better take help of some lawyer in the Registrar office of his city.

P. Venu (Expert) 21 July 2016
What were the rights surrendered or relinquished - share in the CHS or that in the property or both?

Rajendra K Goyal (Expert) 22 July 2016
The concerned documents need to be referred, discuss with local lawyer.

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