Please assume there are three legal heirs to a house in new Delhi each with 1/3 share. Please assume that the stamp duty of full house is 9 lakh rupees. So if two heirs relinquish their share to one legal heir, will the stamp duty payable be three lakh per relinquishment deed or will it be one relinquishment free & three lakh for the second relinquishment? I was told that one relinquishment in new Delhi is free & all subsequent relinquishments will entail stamp duty. Also I want to know total percentage charges for such deeds, for males in new Delhi along with surcharges applicable. It is 6% plus 1% registration charges but what about other surcharges? What would the total be?
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Stamp duty is state subject and varies from state to state
2)
For a Relinquishment deed, stamp duty is 6% in the case of men and 4% in the case of women. The stamp duty should be paid through Collector of Stamps/SDM.
Registration fee of a Relinquishment Deed is 1% of the total value of Deed along with Rs. 100/- pasting charges.
3) it would be Rs 3 lakhs per relinquishment deed
Stamp duty is 6% plus registration charges 1% and pasting charges 100. There is no such thing as first relinquishment deed is free of stamp duty.
There will be no stamp duty for relinquish deed only registration charges will be applicable.
Mr kadam are you saying only registration charges on first relinquishment or on both and are you talking about new Delhi? I am not able to find any article online that says no stamp duty only registration. Can you post a link on what you said?
The question about stamp duty, registration charges and the other charges namely surcharge are all state subject and local rules, which will vary from one state to another.
You can get the details either from the local sub registrar office or can enquire from a local lawyer who deals with the property law exclusively.
We are unable to see replies posted by other advocates
hence cannot comment on Mr Kadam post
You may not get the full particulars or details about the registration process and the charges applicable in the internet also and sometimes the information what you get from such forums may be misleading.
You may better approach a local lawyer who is dealing with the subject.
Dear sir/ma'am,
To be on a safer side, it is advised that you clarify your doubts from the sub registrar or any local lawyer as the stamp duty rates are very state specific. Thank you.
You can visit below site
http://revenue.delhi.gov.in/wps/wcm/connect/DoIT_Revenue/revenue/home/e-sub+registrar/important+information+regarding+registration+of+property
Relinquish deed is applicable only between co owners who inherit property from their parents or ancestral.
If you need any help do let me know.
Mr kadam thank you for the link but it does not explicitly answer my question. Question to all experts: I'm told that relinquishment of self acquired property in favour of a blood relative attracts stamp duty & miscellaneous charges. If legal heirs do relinquishments on inherited property after death, no stamp duty is payable. So stamp duty is only on relinquishment of self acquired property & not on relinquishment of inherited property, it seems. This info was given by someone who is not a lawyer but I cannot find any supporting info online. I need to understand this. Please help.
Stamp duty is payable on execution of relinquishment deed for inherited property
For a Relinquishment deed, stamp duty is 6% in the case of men and 4% in the case of women. The stamp duty should be paid through Collector of Stamps/SDM. Registration fee of a Relinquishment Deed is 1% of the total value of Deed along with Rs. 100/- pasting charges.
Relinquishment deed is a legal document or an instrument according to which individual releases or gives up his rights of an heir in an ancestral property for another legal heir or co-owner of the property. When a person dies intestate, his property is divided among his legal heirs. In the case where an heir to the inherited property wants to give up his rights to another heir of the property i.e., son, mother-daughter, brother etc, a Relinquishment Deed may be formed.
In the case of Relinquishment deed, the stamp duty is paid by the executant i.e., the person who transfers his interest and right in the certain property to the co-owner of the property.
Thanks to all experts for your responses. Please comment on the following: Mr kadam is right in my opinion. Relinquishment deed in New Delhi is more or less free, the charges are a few thousand rupees only, no stamp duty. However if the sub registrar feels that the relinquishment deed between legal heirs is a commercial transaction or bad in law for other reasons, he can challange the relinquishment deed & go to court & demand stamp duty by declaring that the relinquishment deed is a gift deed or conveyence deed in the garb of a relinquishment deed. Case law : High Court judgement in 2020. Stamp duty demand by sub registrar was upheld by delhi high court. https://www.lawweb.in/2020/07/delhi-hc-tests-to-determine-when-deed.html
You can approach local sub registrar office to determine stamp duty on relinquishment deed in Delhi
A relinquishment deed is a legal instrument which an heir can leverage to transfer or release his legal right of an inherited property to another person.
Must be registered: Under Section 17 of the 1908 Registration Act, it is mandatory that a relinquishment deed must be registered for it to be valid.
In Delhi, For a Relinquishment deed, stamp duty is 6% in the case of men and 4% in the case of women. The stamp duty should be paid through Collector of Stamps/SDM. Registration fee of a Relinquishment Deed is 1% of the total value of Deed along with Rs. 100/- pasting charges.
A relinquishment deed can be done with or without any consideration.
The web link you have referred here is about the judgments, the test to determine whether an instrument can be considered as a Release/Relinquishment Deed.
The following points were discussed in the judgment and not about the stamp duty what you refer here or the main query is about:
Stamp duty on relinquishment deed is Rs 100/- only
