• Partition suit & succession suit stamp duty

Question 1 : what is the stamp duty for partition suit in Delhi?

Question 2: If someone dies intestate, do the legal heirs have to pay stamp duty for taking ownership of property in Delhi?

I am looking for delhi specific figures.

Thank you.
Asked 4 years ago in Property Law
Religion: Hindu

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24 Answers

It depends on total  value of property based index and shedule of Court fees and stamp duty Act .

What is total value of the property  Movable property and Immovable properties. 

Cash,fixed deposit and shares amount. 

Ancestral property and self acquired property. 

Please furnish all the above mentioned details to provide you exact details of payment of stamp duty and court fees for partition suit in New Delhi.

No stamp duty for legal heirs if someone dies intestate but Court fees is payable on partition suits in Court proceedings upon total amount of claims by the Petitioner as per the schedule of payments fixed by the Court Fees Act as amended up to date.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

On demise of owner of property intestate property devolves on his legal heirs 

2)you have to apply for mutation of property in name of legal heirs 

 

3) no stamp duty is payable 

 

4)The stamp duty on Partition Deed in delhi is payable @ 2% on the value of the shares of property partitioned which is calculated as per the applicable Circle Rate. 

Ajay Sethi
Advocate, Mumbai
96717 Answers
7797 Consultations

In case of partition suit stamp duty is based on the value of the property at the rate of 3% for the exact amount you have to check  office of the court otherwise your advocate can tell you the exact amount.

So for as the transfer of property after the  death of title folder the property will be transferred to the legal heirs based on their share certificate and there is no stamp duty payable for this transfer.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Need to know the value of the property for confirming stamp duty.

Yes stamp duty have to be paid

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Delhi specific answer can be given by only a Delhi based lawyer.

2. If the plaintiff is out of possession then he has to pay ad-valorem court fee on the value of his share in the property of which he is seeking partition.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

On Market suit value 2% stamp duty will be applicable Plus registration charges.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

The stamp duty will be based on the valuation of your property.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

If anybody dies intestate you have to claim ownership on that property by way of filing of a suit in the court.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

1. There is no stamp duty for filing a partition duty , but there is court fee.

- If you residing in any portion of the suit property , then you will have to pay a fixed court fee , otherwise it will be more. 

2. If someone dies intestate , then his property would be devolved upon the legal heirs. and further they can execute a Settlement /Partition deed , and registered the same from the office of the Registrar after paying stamp duty . 

- Further, if legal heirs are not agree for the same , then any legal heir can file Partition suit . 

- What specific figure you want to know,--- For filing court fee or the Partition deed 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

6% and no stamp duty payable on partition of inherited peropty.

NO

 

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

If he dies intestate it will be better to execute partition deed between legal heirs. Stamp duty will be up to 5 percent of the circle rate excluding surcharge if any

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

stamp duty in Delhi is 2% of the value. 

Apply and obtain legal heir ship certificate from the jurisdictional Tahsildar's office in respect of the legal heirs of the deceased person by producing a copy of their death certificates.

On the basis of the legal heirship certificate, you may apply for mutation of revenue records from deceased name to your name with the Revenue department/Tahsildar's office.

After that you can transfer all other records pertaining to the property to your name once you got your name mutated.

No stamp duty is required to be paid for this. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Dear Sir,

The stamp duty of the said case will depend on the value of the property. Also, in case of ancestral property, no stamp duty is required to be paid for mutation/khata transfer in the name of legal heirs if some one dies intestate. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

1. For Filing suit you need to pay court fees and not stamp duty and it will be according to value of property to be partitioned.

2. No, they just need to pay registration charges for transfer of ownership on their name. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

For intestate succession, if the legal heirs decide  to partition the property amicably, then they may draw a partition deed and get it registered.

The applicable stamp duty (may be 1% of the government guidelines value) has to be paid by the shareholders in respect of the value of the property they now acquire. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

  1. As per the information mentioned in the present query, makes it clear that there has been a suit for partition so to be instituted and the property is on the person who has died intestate (you can correct me also if I have got it wrong from above query).
  2. I would like to apprise you that stamp duty will be paid as per the market value of the property and that will be varied from 3 to 5 percent.
  3. If the person has died intestate then legal heirs will have to have succession certificate from the court of civil law before claiming any right over property or even before institution of the partition suit.
  4. And stamp duty is totally different from the court fees for partition suit in the court of law as the former is been paid on the registration of the property and later is been paid at the time of filing partition suit.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

1. The stamp duty will depend on the value of the property to be acquired by each individual in the said partition deed.

2. Until the property is acquired by a registered partition deed, no stamp duty is payable for oral partition.

You can enquire the applicable rate as per the circle rate and can pay the stamp duty accordingly.

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

It depends on the court fee of value showing and almost 2 percent to maximum caping of  75000/-

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

Partition Suit attracts Court fees  upon total value of property and claims made in the suit. 

Court fees are divided into different slot of values of suits and claims mentioned in.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

It would depend upon market value of property as per circle rate 

 

stamp duty is 2 per cent of market value 

Ajay Sethi
Advocate, Mumbai
96717 Answers
7797 Consultations

Suit for partition of immoveable joint property.

Filed before Civil Court including High Court at its original side, (as per pecuniary jurisdiction).

Ad-velorem as per Article 1 of this Schedule calculated in accordance with market value of the property subject to minimum court-fee of one thousand rupees.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

The Court fee to be charged for partition is a state subject and varies from state to state,

Such Court fees depend on the market value of the property of which you are seeking the partition suit.

Visit the local registry office to ascertain the market value of the property.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

- As i mentioned above that if any portion of the said property is in your use and occupation , then you will have to pay a fixed court fee to the sum of Rs. 1500/- at the time of filing of suit for Partition , and further when you will get the share from the court order , then you will have to pay the court fee as directed by the court , and that fee will be as per your share. 

- But if your are not having any portion in your use and occupation, then you will have to pay court fee as per the share value you are claiming at the time of filing of the suit. 

 

You can connect me in Delhi via kaanoon.com , if need further advise in detail. 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

It varies from state to state.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

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