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Anil Agrawal (Retired)     26 April 2009

Property

 A partnership firm had a large number of immovable properties. Certain partners retired and in the deed of retiement on a stamp paper of Rs.500 it was mentioned that so and so properties will be his exclusive properties after retirement. The change in partnership was recorded by the Registrar of Firms, Karnataka.

The value of properties given to the retiring partner runs into crores. The properties have not yet been transferred and registered in the name of the retiring partners though 7 years have passed. Without payment of valid stamp duty and registration of property, can the deed of retirement be treated as legal document and produced in a court of law as evidence?



Learning

 1 Replies

Y V Vishweshwar Rao (Advocate )     27 April 2009

 

In AP the Stmp duty is payable 5%  on the proerties value  approtioned in between the partners  under the Retirment Deed /Dissoltution Deed and any proerty allotted to the  exclussive share of the retired partner ,the Stamp Act as applicabel in AP is amended wef 1-8-2005 and it 5 % on the value mentieodn inthe Deed.

The sitaution may defering in State of Karnatka !

with regards !


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