Transfer of immovable property at the time of Wind up

Dear Friend,

Please note that for transfer of immovable property by a Company under Liquidation,  title deed of immovable property in the name of shareholder under Registration Act, 1908 is required tobe registered and it will be liable for Stamp Duty.

On behalf of the company such Deed would be signed by the liquidator.

It may be informed that I am the Liquidator for a   few companies under Voluntry Liquidation.

Regards,

Sunil K. Jain

Practising Company Secretary

9810104162: skj13 @ rediffmail.com
 

Dear Sir,

Can you cite any reference like case laws or section which can substantiate the applicability of stamp duty  on distribution of immovable property at the time of liquidation.

Thanking you

Dhiraj Bagri

Dhiraj-  transfer under liquidation has the same effect as trnasfer in normal course and attracts the same law, fee and procedure as applicable normally. You can refer the regn act and stamp act for the same. Correctly mentioned by Sunil sir that since all the assets adn liab are in the hands of liquidator, so it need to be signed by him on behalf of the co.

a seperate conveyance deed is required to be executed or courts' order will be considerered as conveyance deed as in case of amalgamation

Dear can u pl advise .As per section 45 &46 ,no capital gains is applicable in such transfer.so stamp duty should not be applicable.Further  if stamp duty is payable what  then at what rate  current or when the company acquired as there is no sale.parveen 

The petition for winding up of LLP could be filed with the tribunal by the LLP itself, after the LLP Process To Wind Up The company no longer to be continue.