| Question And Answer | |
|---|---|
| Subject: | STAMP DUTY ON RELEASE DEED IN MAHARASHTRA ON DEATH OF OWNER and whether release deed by legal heir of parent who owns the immovable and who has expired in favour of Hindu Undivided Family of legal heirs will attract stamp duty of only Rs.500/-and registration fee of Rs.1000/- in Maharashtra? |
| Category: | Allied Law |
| Querist: | NILESH PARIKH |
| Answered by: | Law Intern |
| Tags: | Release deed, Stamp Duty |
| Date: | May 2, 2026 |
My parents had purchased an office jointly and investment was made by mother only and father’s name was just for convenience sake. Rent income of said office was offered to tax in mother’s IT Return only. Father expired and his name was deleted in share certificate. Mother expired thereafter and she had made nomination in favour of her son’s HUF and also had bequeathed the office to her son’s HUF. Now if Release deed is made wherein all legal heirs release their share of father in office in favour of HUF of legal heirs them whether Stamp Duty of Rs. 500/- and Registration fee of Rs.1000/- would be payable or it would be considered as Gift by legal heirs in favour of HUF.
Under Article 52 of Schedule I to the Maharashtra Stamp Act, 1958, a release deed (relinquishment deed) for ancestral property executed by or in favour of specified close blood relatives (or their legal heirs) without consideration attracts a nominal stamp duty of ₹200.
However, in your case, the property is not “ancestral” but is self-acquired by the mother. Also, the release is to the HUF and not to the blood relatives.
So, issue is not free from doubt and may get assessed as a conveyance. To avoid controversy, you may consider getting a ruling from the Collector of Stamps on the issue.