Payment of stamp duty & registration charges in a gift deed
Querist :
Anonymous
(Querist) 15 February 2025
This query is : Resolved
Who should pay the above charges in a gift deed
kavksatyanarayana
(Expert) 15 February 2025
Under sec.29 of the Indian Stamp Act, the donor shall pay the stamp duty for a gift deed. The registration charges will also be paid by the donor.
T. Kalaiselvan, Advocate
(Expert) 15 February 2025
I concur with the opinion rendered by learned Shri KAVK Satyanarayana sir
Dr. J C Vashista
(Expert) 16 February 2025
I also fully agree and appreciate the advise learned expert Mr. Kavksatyanarayan ji.
P. Venu
(Expert) 16 February 2025
What is the context for this query?
Advocate Bhartesh goyal
(Expert) 16 February 2025
In absence of any contrary agreement donor has to pay stamp duty and registration fees.
Querist :
Anonymous
(Querist) 17 February 2025
If the donee pays stamp& registration charges in a gift deed what is the effect? Any citations?
Dr. J C Vashista
(Expert) 18 February 2025
The authorities (State government) are concerned with payment of stamp duty and registration charges as applicable to the document, irrespective of the fact that either donor or donee may pay the duty/charges. However, there is no differentiation in validity of the Will, if the duty/charges are paid by donee.
Did you do your home work and researched for citation(s) on the subject ? If so, enlighten us as well.
T. Kalaiselvan, Advocate
(Expert) 15 June 2025
A registered gift deed, even with the stamp duty paid by the donee, is generally considered valid and legally binding. However, the validity of the gift deed can be challenged in court if there are allegations of fraud, coercion, or undue influence in its execution.
Registration of a gift deed is mandatory for it to be legally valid, and this includes the payment of applicable stamp duty.
A gift deed is essentially a transfer of property without any monetary consideration. If the donee is found to have provided consideration, the deed might be considered void.
