| Question And Answer | |
|---|---|
| Subject: | Release deed of huf property real sister to real brother in Maharashtra understand at concessional stamp duty. |
| Category: | Allied Law |
| Querist: | Anuradha Gandhi |
| Answered by: | Law Intern |
| Tags: | Stamp Duty |
| Date: | May 28, 2026 |
Originally, under an arbitration award/partition effected in the year 1938, Ratilal Gandhi received his share from the properties belonging to his father. Thereafter, in the year 1950, he effected an internal family partition and allotted portions of the properties to his wife and one of his sons.
Subsequently, his younger son was born. By way of a testamentary disposition (Will), Ratilal Gandhi bequeathed the commercial property falling to his share in favour of the Hindu Undivided Family (HUF) of the said younger son. The coparceners/co-members of the said HUF are the son, namely Shantanu Gandhi, along with his four children (two sons and two daughters).
One of the daughters now intends to execute a Release Deed relinquishing her share and rights in the said HUF property. The question that arises is whether such a Release Deed would qualify for concessional stamp duty under Article 52A of the Maharashtra Stamp Act, and what would be the legal basis and supporting judicial precedents for claiming such concessional treatment.
In my view it would qualify under Article 52 as a release concerning ancestral or joint family property. In this case, HUF property is held as joint family assets and should qualify as ancestral property for stamp duty purposes. The daughter constitutes a female coparcener. She is relinquishing her undivided share/interest in this HUF property in favour of the HUF (or continuing members). It is a release/relinquishment by a coparcener in joint family property & not a full conveyance or gift to a third party.