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Property Succession
Rank: Member Joined: 10/3/2008 Posts: 101
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Well this is an update for the Land succession matter I posted in 2014. the grant has been issued and confirmed. Deceased Mr X has for heirs. One of the heirs, a son had been given a grant of representation to the deceased property. The court has further directed on how the property should be shared among the four heirs. However the Lawyer who is undertaking the Succession is not being truthful on what the next stage should be. This is her take. She says there will be 2 transfers. 1st transfer will be from the deceased Mr X to all the children with all their names appearing on the title deeds. Stamp duty of 400K will be paid at this stage. Second transfer will be to each individual beneficiary. At this stage another 400k stamp duty will be paid. That's a whooping 800k in duty. My thinking is the son has been given authority to share the land as per the Certificate of confirmation of grant and since this is a succession matter stamp duty isn't payable. Please share you thoughts and wise counsel
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Rank: Member Joined: 9/17/2009 Posts: 47
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Normally, there is no stamp duty when property is moving from the deceased to the heirs. This movement is established in court via the grant. If the heirs sell, then there is stamp duty. That lawyer sounds suspicious...
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