• Mutation based on partition suit

A parent of mine died intestate. In new Delhi. 

There are three legal heirs of property of the abovementioned parent. I am living in this property. 

If I take the property in my name through a partition suit, after giving other legal heirs money against their shares in the property:

1. I understand I will have to pay court fees of partition suit. Please give me estimate of court fees in terms of percentage of market value of property as evaluated by a govt registered valuer.

2. Will the court order awarding me the property (after paying other heirs their share through court) be good enough for registration & mutation of property in my name? Or will I have to pay non judicial stamp duty & cess & surcharge to sub registrar office or the concerned municipal corporation for transfer, registration & mutation?
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

1. If your siblings agree for amicable partition you need not file a partition suit at all.

You can draw a partition deed as per the agreed conditions among all the three, get it registered by paying the applicable stamp duty and the registration charges, then there is no question of going to the court at all hence there is no court fee payable.

2. If you have decided to approach court seeking partition and then the other legal heirs agree for your proposal to accept the cash in lieu of the share of proeprty, then the court will pass a decree and judgment in this regard.

After that based on the court judgment you may have to get the property registered to your name by paying the applicable stamp duty and other charges  before getting the property mutated to your name.

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

Court fees is state subject and varies from state to state 

 

2) you have to register the decree passed by court in partition suit 

 

3) you will have to pay stamp duty at time of registration 

Ajay Sethi
Advocate, Mumbai
96715 Answers
7797 Consultations

1. It depends on the state in which the property is situated. It's possession type whether joint or individual etc for determining court fee. 

2. Court fee is additional and not related to the stamp duty 

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

Why do you want to go to the court for partition of property?

Based on what you have stated, I understand that all the legal heirs are willing to enter into this arrangement.

All three of you can enter into a registered partition deed to determine your assets. Later you can get the property mutated in your name based on the partition deed. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Mere mutation of property in name of legal heirs would not attract stamp duty 

 

2) if your siblings are executing gift deed in your favour it would attract stamp duty and registration charges 

 

3) deed of partition for division of property by metes and bounds would attract stamp duty and registration charges 

Ajay Sethi
Advocate, Mumbai
96715 Answers
7797 Consultations

Acquisition of property by legal heirs of the deceased property owner shall be by mutating the revenue records with the revenue department on joint names. 

If the legal heirs want separate possession of their respective share in the property they may draw a partition deed amicably on mutually agreed conditions and get it registered. 

You may have to pay the applicable stamp duty for registering the partition deed. 

You don't spill words that Delhi government is taking your money unnecessarily. 

Nothing will be in violation of any law or rules. 

Hence try to understand the situation and position of law before getting exited over petty issues even before understanding the concept. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

You are misguided by someone. You don't have to pay such stamp duty to get the property mutated in your (legal heirs) name. 

All three of you can enter into a registered partition/settlement deed for nominal charges. Based on that deed the property can be mutated in your name alone. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

- As per law, after the death of your parent , the property left would be devolved upon the three equally. 

- Further , the two can release their respective 1/3rd share in the property in your name after receiving fixed amount and after executing Relinquishment deed . 

- Further , if they not agree for the same , then you can file a Partition suit before the court . 

- If you are living in the said property being one of the claimant , then at the time of filing of the suit , a nominal fee will be paid by you . and only after deciding the case you will have to pay court fee as per ready renokner . 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

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