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Siddique (OWNER)     24 July 2016

Succession certificate - stamp duty & registration required?

Hello All,

 

I am the legal heir who is also the sole-occupier of a CHS flat in Mumbai, got a Succession Certificate issued in my name from the Court after following all due process.

 

Now this Succession Certificate would be submitted by me to the Society for initiating the membership transfer process.

 

I would like to know :

 

1) if I would still be required to pay the Stamp Duty ?

 

2) Will the Registration be needed with the Collector's Office / Revenue department ? considering if the property is to be sold in future.

 

3) If "Yes" to any of the above, then is it to be done before applying for membership to the Society ?

 

Requesting the Experts to kindly enlighten with their valuable inputs.

 

Thanks.



Learning

 5 Replies

Kumar Doab (FIN)     24 July 2016

You may go thru; Bye Laws of the society.

If there are any doubts, inquire from Dy.Registrar.

 

It is felt that society shall transfer the shares in your name.

 

P. Venu (Advocate)     25 July 2016

It is felt that the usccession certificate only decides the transfer of share in the Society. Are you the only legal heir to the deceased person?

Siddique (OWNER)     25 July 2016

Originally posted by : P. Venu
It is felt that the usccession certificate only decides the transfer of share in the Society. Are you the only legal heir to the deceased person?

There are a number of legal heirs but all have given their NOCs (as per our mutual understanding) with regards to transfer of the said property in my name.

 

I still wish to know if :

1) Stamp Duty is payable at the Collector's Office / Revenue department ?

2) If Registration of the said Succession Certificate and/or other documents required at the Collector's Office / Revenue department ?

Siddique (OWNER)     25 July 2016

By the way, thanks for taking time to comment.

Kumar Doab (FIN)     25 July 2016

The said NOC may not be valid/registered relinquishment deed.

 

The NOC etc are as per society rules.

The need to register ,stamp duty etc is to be clarified by the local society and authority.


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