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(Guest)

Who should pay the stamp duty

While creating a gift deed if stamp duty on gift deed is paid by donee can this be challenged as a consideration ? Or is it safe if donee pays the stamp duty


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 1 Replies

Dr J C Vashista (Advocate)     08 July 2020

Originally posted by : raj
While creating a gift deed if stamp duty on gift deed is paid by donee can this be challenged as a consideration ? Or is it safe if donee pays the stamp duty

@ Raj,

Who have asked you to pay stamp duty for getting Gift Deed registered ? None except yourself or donor, isn't it?

Conception of consideration is different to stamp duty on Gift Deed wherein former goes in the pocket of executant of deed / donor whereas, latter gives credit to exchequer. You are at liberty to challange but not as consideration.

Finally you asked, "... Or is it safe if donee pays the stamp duty ?" is a vague and subjective question. 

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