Rights to co-owned property can be transferred via a release deed3 min read . Updated: 17 Mar 2020, 11:29 PM IST
Stamp duty is levied on the nature of instrument rather than the nomenclature of the document
As part of the settlement agreement for a divorce, a lump sum of ₹25 lakh is to be given to the wife ( ₹12.5 lakh has already been given at the time of the first motion in July 2019). The remaining amount will be given at the time of the second motion. Before the second motion, the wife will execute a release deed in favour of the husband as per the divorce settlement (for a jointly held property in Delhi, mortgaged to a government bank, for which a joint loan is being paid off). However, for this release deed, there is no consideration amount specified because ₹25 lakh is a holistic payment that includes everything. Should there be a release deed without consideration (which attracts no stamp duty as such), or should there be a gift deed which will have 6% plus 1% stamp duty? It is to be noted that the divorce agreement and request letter to the bank mention the release deed and not the gift deed. Further, the bank authorities have given a go-ahead to the real estate hub for a release deed for a self-acquired (jointly acquired) property, and not a relinquishment deed applicable for inherited properties.