Stamp duty with penalty for unregitered release deed

Querist : Anonymous (Querist) 29 October 2011 This query is : Resolved
mother executed unregistered release deed on behalf of hersef and and her daughter in the year of 1974. How can pay the stamp duty with penalty for unregistered release deed. what provision made out to the stamp duty for unreg. document. already partition suit pending beween daughter and son. mother was exparte in the above suit. but witnesses are gave evidence before court. what next step?

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Somnath mukherjee (Expert) 29 October 2011
lease is compulserily registered so so your lease deed is not validfor details contact to a lawyer

ajay sethi (Expert) 29 October 2011
it is not lease deed but release deed

document is required to be stamped and regsitered . if document has not been stamped submit it for adjudication pay stamp duty with penalty

generally token stamp duty is levied as the release deed executed between family members on account of natural love and affection and without consideration

in maharashtra under bombay stamp act provides as under

article 52
Release whereby a person renounces a claim upon other person or property

If the release is of an ancestral property in favour of certain specified relatives
Rs. 200

Every other Case
Same duty as on a conveyance as on the market value of the share, interest or part renounced

Raj Kumar Makkad (Expert) 29 October 2011
Sethi ji! Again read facts given in query. Release Deed was executed in the year of 1974 unstamped and unregistered and now disputes have started between brother and sister wherein mother has become ex-parte.

There is no scope of getting it registered at this belated stage even on affixing of stamp duty. One more thing such Release Deed has lost its existence as no transfer of ownership can be claimed on the basis of this unregistered document which is now nothing but a paper transaction having no sanctity of law.

prabhakar singh (Expert) 29 October 2011
Yeah!Mr. Makkad rightly opines.There is no train to catch the bus.Every thing has turned lost.

ajay sethi (Expert) 29 October 2011
mr makkad is right . document cannot be registered now . thanks for correcting me

All documents, except wills, shall be presented for registration within four months from the date of execution as per provision of Section 23 of the Registration Act, 1908. Section 25 of the said Act provides for condonation of delay upto to four months on payment of a fine not exceeding ten times the registration fee

Shailesh Kumar Shah (Expert) 29 October 2011
Rightly explained by Shri Makkad and Shri Sethi(second reply).

sanjeev murthy desai (Expert) 29 October 2011
who is asking you to pay the stamp duty on unregistered release Deed.

sanjeev murthy desai (Expert) 29 October 2011
Witness already given evidence. it shows your document is already admitted in court. hence court has to be decide if any objections raised about stamp duty.

Advocate Bhartesh goyal (Expert) 30 October 2011
Mr makkad is right.Questioned Release Deed can not be registered now.the document has lost it's validity due to non registration.

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