Please guide me in one legal point of my flat situated at Mumbai (Maharashtra)
1.The flat was purchased by my father & my brother in 1986.The share certificate was issued on both name.
2.In 1991 my father applied to society to add mother’s name & society did the same. So now the certificate is in name of my father, mother & brother.
3.In year 2001 my brother made an affidavit & got deleted his name from share certificate, so now the flat is owned by my father & mother.
4.In year 2001 my father gave Nomination form 15-B to society & nominated me (His second son) with 100% share.
5.My father expired on 26/03/2015. I gave letter to society for adding my name in share certificate, secretary informed me that i have to pay stamp duty & registration charges as it was not done in past at the time of adding my mother’s name.
6.In my father’s registered will, it is written that I will be the owner of the said flat 50% now and fully (100%) after death of my mother only.
Sir, I request you to kindly help me to know that, is the secretary is right?for adding the name on share certificate in blood relation, the stamp duty is to be paid? & if not than please give me the order number in which it is mentioned that this duty should not to be paid.
I will be very thankful to you if you will help me to solve this issue.
Waiting for your reply..
I C Naik
Ask the Secretary where it is written that stamp duty was payable when your mother’s name was added on the Share Certificate as there is no such requirement in law.