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Rahul (Teacher)     22 May 2015

Gift deed

Hello - I have purchased a flat in Ghaziabad Indrapuram (UP) in 2012 . This flat has been purchased in joint name of me and my wife now my wift wants to gif her half portion to me. What would be the stamp duty charges on this gift deed? Would it be for half portion or full portion. I heard there is a relaxation of stamp duty charges for relative ? and can I excute or make a gift deed in haryana ? will it be still be valid or It should be in Ghaziabad only ?

Thanks



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 8 Replies

bsrao   22 May 2015

The gift deed need to be registered at the location where the earlier property registration happened OR as per the state rules. Gift deed charges are very low compared to regular sale charges. Please fid this from your local registration office or website of your state regitration department.

Rahul (Teacher)     22 May 2015

Anyone has any idea how much Percent in UP Ghaziabad ? and would it be on full or half value of the property . I will appriciate your help. Thanks

saravanan s (legal advisor)     22 May 2015

the gift deed needs to be registered at the place where the property is located.the stamp duty would be for the half that you are going to gift

Rahul (Teacher)     22 May 2015

Thank You Saravanan - What would be the best option to transfer the property ? Gift or something else ?

Rahul (Teacher)     23 May 2015

Can any one tell me what would be the stamp duty and reg charges for Gift Deed please in Ghaziabad Uttar Pradesh ?

Jatin Mittal (Corporate Lawyer)     24 May 2015

Hi Rahul

The stamp duty varies from state to state. As you said, you have heard that there is no stamp duty on transfer in blood relations. only Haryana, Punjab and Maharashtra have enforced this clause.

Since your flat is in UP, the stamp duty will be applicable. Since your wife is the owner of only 50% of flat, the satmp duty shall be calculated only on the 50% amount. The stamp duty chargeable in UP is 8% of the amount to be transferred. But please confirm from Tehsil or the local court, any stamp vendor sitting outside will tell you the exact stamp duty applicable on gift.

For any further clarifications, please feel free to write to me at mittaljets@gmail.com. No charges for the consultation.

Rahul (Teacher)     27 May 2015

Thank You - One of the laywers told me today that he will execute an declaration document where we dont have to pay any stamp charges only minimal stamp charges, My question is - would it be a valid document ? Can it be challenged in court anytime in future and on the basis of this document did i get complete ownership of my wife's portion ? Please help

Jatin Mittal (Corporate Lawyer)     28 May 2015

Hi Rahul

The lawyer is asking to give the declaration to whom?? No such declaration clause exist in the Indian Stamp Act to avoid the stamp duty. This way everyone will give the declaration and waive the stamp duty. In my opinion that is completetly a wrong advise and executing any instrument on less than the requisite stamp duty is unenforceable.


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