Property Gift from Brother

Bincy J (Querist) 06 November 2009 This query is : Resolved
Hi
My elder brother had purchased a property in Calicut, kerala in Dec 2008. He has gifted that property to me. I want to know whether to get that property registered in my name will i have to pay the stamp duty again. I am planning to get it registered by Dec 09. What is the law followed in Kerala for registration of gifted property.

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A V Vishal (Expert) 06 November 2009
Bincy,

In case of a gift deed for immovable property it is mandatory to get the gift deed registered by paying such stamp duty as applicable in your state, Generally in case of a gift deed to blood relations the rate of stamp duty is low. Once the deed is registered your name is reflected as a donee in the EC. Under the laws of gifts, a gift is complete once it is accepted by the donee from the donor, except in case of a conditional gift, the donor has passed on all the title, rights, interests etc... unto you.

Consult a local civil lawyer and he will do the needful.

Raj Kumar Makkad (Expert) 06 November 2009
Your question is confined only to know whether you will have to again pay the stamp duty at the time of registration of gift deed duly owned by you brother or not?

My reply is yes though the rates of gift-deed and sale-deed are different in all states.

Khaleel Ahmed Mohammed (Expert) 06 November 2009
Please contact with local lawyer.

Bincy J (Querist) 11 November 2009
thnx a lot for ur reply
bincy

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