Gifting of property to nephew

visuiyer (Querist) 10 January 2022 This query is : Resolved
I planning to Gift a agricultural property to Nephew, who is resident Indian.
On enquiry, I heard that I cannot gift a property to Nephew, (this may lead to avoidance of Stamp duty) and therefore, it has to be under sale deed.

The gifting of property is available or made possible only to blood relations; therefore the next possible way is only to create a will.

Now the querry is - is it so any legal law which says Agricultural property cannot be gifted to Newphew.. if so, how can I transfer the propert to my nephew. vetrans please advise.

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A user is seeking advice on gifting agricultural property to their nephew in Tamil Nadu. They've encountered information suggesting direct gifts to nephews might not be possible without incurring stamp duty, with suggestions leaning towards a sale deed or a will. The user wants to know if there's a specific law preventing such gifts and how to proceed with the transfer, especially when the Sub-Registrar's Office (SRO) is raising objections despite potential concessions for blood relations.

kavksatyanarayana (Expert) 10 January 2022
Where the property is situated? In some states, there is minimum stamp duty for gifts given to blood relations i.e. father, mother, son, daughter, brother, sister......etc., and for other than the blood relation, 3% to 5% and for outsiders as a sale prescribed in the State concerned. So consult in local SRO.

kavksatyanarayana (Expert) 10 January 2022
You can gift the property to your nephew.

visuiyer (Querist) 11 January 2022
it is in Tamilnadu..!! minimum stamp duty is okay; but SRO writer raising objection; and SRO is holding back.. not sure of what to do..!! and do not know how to escalte this issue

P. Venu (Expert) 12 January 2022
You can gift. However, there could be no concession in stamp duty.

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