gift deed to non blood relative

This query is : Resolved 
 


Querist : Anonymous (Querist)
17 February 2010

sir
Can i register a gift deed to a non blood relative or without mentioning the relation between us.I would like to write my property to a person who is not a blood relation and what would be the stamp duty for this gift deed in andhrapradesh.please kindly advice.

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Guest (Expert)
17 February 2010

landmark case, Rohit Jain v Asst Director, Enforcement Directorate [24TCR382 (ATFFE - New Delhi), the ruling was, “In law, a gift can never be a subject matter of purchase. If consideration is passed from the donee to the donor for making a gift, such a purported gift would be a sham. But if no such consideration is there, a gift otherwise valid does not cease to be so, merely because the donee is a stranger or not related to the donor.”

Parveen Kr. Aggarwal (Expert)
17 February 2010

Gift Deed is a deed pertaining to tranfer of a property from one person to another without consideration. However, there is no restriction in executing a gift deed in favour of blood relation only. Gift deed may be executed by any person in favour of any other person whether related to him or not and so mention of relation therein is not necessary but some reason has to be assigned by the donor for making gift in favour of the other. For ascertaining the amount of stamp duty on such deed in Andhra Pradesh, Schedule appended to the Indian Stamp Act, 1899 as applicable to the state, may be looked into.

N RAMESH. (Expert)
17 February 2010

//Can i register a gift deed to a non blood relative or without mentioning the relation between us.//

Yes. You can register a gift deed to a non blood relative.

//what would be the stamp duty for this gift deed in andhrapradesh.//

The same stamp duty as a Conveyance.

A V Vishal (Expert)
17 February 2010

The rate of stamp duty on gift to a non relative is 6% in A.P, whereas the gift to a blood relative is only 1%. The stamp duty depends on the government value of the property. Usual registration and user charges as applicable is leviable.

Khaleel Ahmed (Expert)
23 February 2010

In your quarry you have not mentioned your religion .
I totally accept with Ms. Parveen,but for Mohammadans it is different.

A Mohammadan can donate his or her property to the extent of one third to any one including relative or non relative. For gift, this can be performed by Oral ie Oral Hiba. The Gift deed or Registration need not necessary, The delivery of posession and acceptence is enough to constitute a valid gift. If document executed it must be registered.



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