Transfer of rights from brother on property
LALIT KUMAR
(Querist) 29 August 2017
This query is : Resolved
Dear Team
We are 4 legal heirs of the ancestral property which we got from our parents after their death
This property is got muted in our 4 brothers name in 2003 As parents did not made any will so we have equal ( 1/4 part) share each
one of my brother taken a part on the road side 1/4th of the total property and living separatly
Now i am living in the balance my 1/4th part and 1/4+1/4 of my 2 older brother
they have taken their part of property some other which was already in their name and they both of 2 want to leave their rights in my favor
We want to make a deed which is not so much costlier and the rights get transfer to me
I searched about relinquishment Deed so my 2 of brother want to give me that deed in my favor
1 I want to know about Relinquishment deed
2 what are the rules for getting this deed from my 2 older brothers
3 this property is in H zone and the circle rate is about 30,000 per sq mt
4 area is about 200 sq mt which has to relinquish in my favor
5 is stamp duty has to be paid on the over all value of (200 sq mt ) property on the basis of circle rate
6 we are real brothers and this property we got from parents so how i can cut down the cost of stamp duty on value of property as there is no consideration of amount and we are doing amicably.
7 registration fee is 1000 rupee and stamp fee is 100 rupee if there is no consideration in case of relinquishment deed Is this is true as i got to know about this from e registrar website
This property is in delhi
I have a paper of mutation which is into the name of all 4 brother with equal share of 25%
Adv. Yogen Kakade
(Expert) 29 August 2017
Relinquishment deed or Gift deed can be options for you. Consult a local lawyer to help you or you can directly approach the office of the sub-registrar of the area where the property is located and inquire about the Govt. charges.
Kumar Doab
(Expert) 29 August 2017
Apparently it is simple case of inheritance and mutation record has been updated.
It seems that it is not a partition with boundaries.
If you have NO issues with brother that has taken road side portion let him be a witness and mention boundaries in the deed you chose.
Or discuss Registered Family Agreement (and mention boundaries) or Relinquishment deed, gift deed whatever suits your interest.
Kumar Doab
(Expert) 29 August 2017
LOCAL counsel of unshakable repute and integrity specializing in revenue/succession/civil matters can help you the bets.
For duty etc inquire with your counsel or in person at jurisdictional SRO.........
LALIT KUMAR
(Querist) 29 August 2017
Thanks for the Advise
I have consult many professionals around the sub registrar office but could not find the desired advise
is there any option of getting relinquishment deed or any other deed without consideration so i would get deed done without paying stamp duty on market value of the portion as it is the property i got from parents and my brothers got their part in differently located land already in their name
we have no issue between us and they are ready to do any deed
Kumar Doab
(Expert) 29 August 2017
In that case mention the boundaries and get it witnessed by one and all.
LALIT KUMAR
(Querist) 29 August 2017
2 of my brother is not living on this property and they have leaved this for me 10 years back at the time of my Father' Death and all 3/4th portion is in my control and 1/4th part with another brother
The matter is that i want to get the title of the land so any future dispute can be avoided when my son and my Nephew will grow up how can i get the mutation in my name done at the office of the Tehsildar Parwari as our land records only belongs to them It is a Lal dora land in village I asked to patwari to get mutation in my name for 3/4 part he want a relinuishment deed but i am not in condition to pay about 4 lac stamp duty for registration
Kumar Doab
(Expert) 29 August 2017
Relinquishment might be possible with/without consideration.
Stamp duty is state subject.
LALIT KUMAR
(Querist) 29 August 2017
Yes I want to know the conditions and circumstance in which stamp duty is not payable on the market value of the portion to be relinquish in relinquishment deed
Kumar Doab
(Expert) 29 August 2017
Since it is state subject the SRO, and even senior deed writer can help you.They have the notifications. They can also help to calculate exactly all charges on circle rate and market rate as posted by you.
Rajendra K Goyal
(Expert) 29 August 2017
You can get a registered family settlement deed./ relinquishment deed
For stamp fee discuss with local lawyer / registrar office.
