Gift Deed execution
Querist :
Anonymous
(Querist) 23 December 2010
This query is : Resolved
Dear Experts,
The donor and the donee have executed a gift deed on 22.12.2010 at Mumbai. The donee has paid the stamp duty as per the current rates. (ie 2% or 5% whichever is applicable). But the same cannot be registered before 31.12.2010 on account of personal reasons. Now if the govt raises the stamp duty wef 01.01.2011. Then is the donee liable to pay additional stamp duty (Difference between the stamp duty already paid and stamp duty wef 01.01.2011) at the time of registration.
Or whether he can go ahead with the registration on the basis of the stamp duty paid on 22.12.2010.
Devajyoti Barman
(Expert) 23 December 2010
In West Benal on the same rate if the gift is executed within one month from the date when the office of the Regstrar has given the reply to the query for stamp duty and registration fees charges.
Khaleel Ahmed
(Expert) 23 December 2010
The stamp duty will be charged on the date of registration rate only.If any hike must be applicable and difference should be paid accordingly.
Advocate Bhartesh goyal
(Expert) 23 December 2010
the gift would be complete as soon as the deed of gift is executed by the donor and accepted by the donee.the stamp duty would be charged on the prevailing rate on the day on which day gift deed registered.
Kirti Kar Tripathi
(Expert) 23 December 2010
Yes, the stamp duty shall be payable at the prevailing rate on the date registration. Mr. Goyal is right.
Pritam Saini, Advocate
(Expert) 24 December 2010
As per lates view of Apex court stamp duty has to pay as per rare of property on the date of registration 'state of Rajasthan vs M/s Khandaka jain jewellers" 2008(1)civil court cases 259
Querist :
Anonymous
(Querist) 24 December 2010
As per my knowledge, the document once executed is valid for 3-4 months, and during that period, the same has to be registered with the Registrar. However, if there is any change in the stamp duty rates, the same should not be considered by the Registrar, bcoz, the document was executed before the stamp duty hike.
Pls correct, if i m worng.
