Payment of stamp duty in case of partition of huf

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Shweta Rathi (Querist)
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18 February 2013 Dear Expert,

Please guide me that whether in case of partition of HUF, any kind of payment of Stamp Duty is involve???

All the shares will be transferred to co-parcener, then do we need to execute partition deed only or any other procedure will also involve.

Shweta Rathi

Shweta Rathi (Querist)
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19 February 2013 Please resolved the query.

waiting for expert reply.

CA. Nirmal Ghorawat

CA. Nirmal Ghorawat (Expert)
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05 January 2022 1. Total Partition under Hindu Law confirming to the requirements of section 171 of the Income Tax Act, 1961 is required for complete dissolution of HUF.

2. In case of immoveable properties are owned by HUF, a DEED of PARTITION of HUF may be prepared and registered for MUTATION purposes. Partition Deed usually attracts a lower rate of stamp duty vis a vis Deed of Conveyance. Further Single Largest Share is excluded while computing Stamp Duty. Stamp Duty rates vary State / UT wise.

3. For moveable properties not requiring MUTATION, a MEMORANDUM of TOTAL PARTITION may be prepared after oral partition and handing over the possession of such moveable properties to the coparceners / recipients. You may visit https://canirmalg.com/2017/04/22/partition-of-a-hindu-undivided-family/ for more details about Partition of HUF

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