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sanjeev grover (proprietor)     26 May 2012

Laws regarding gift deed

if a person transfer his property through a gift deed to his son or daughter & the co op scty transfer the property in the favour of son or daughter then is it necessary to register the gift deed in the office of sub registrar in pune? & if

the answer is yes then what r the charges for that plz guide me



Learning

 8 Replies

Rajeev Kumar (Lawyer/Advocate)     26 May 2012

Registration of gift is must whatever the value of property. For stamp duty contact the local registar office.
1 Like

kiran waljee (RETIRED C.A.O. (DRDO))     26 May 2012

 

Registration : A gift of immovable property amounts to its transfer under the Transfer of Property Act. Hence, the gift deed needs to be compulsorily registered with the sub-registrar in the area where the property is situated.

Documents : A copy of the gift deed, title deeds of the property, encumbrance certificate, statement of particulars of the property, its market value and the extract of assessment register of the property must be submitted at the time of registration.

Stamp duty : The stamp duty is calculated as a percentage of the market value of the gifted property and differs from state to state. Such a gift to

1 Like

kiran waljee (RETIRED C.A.O. (DRDO))     26 May 2012

Registration: A gift of immovable property amounts to its transfer under the Transfer of Property Act. Hence, the gift deed needs to be compulsorily registered with the sub-registrar in the area where the property is situated.

Documents: A copy of the gift deed, title deeds of the property, encumbrance certificate, statement of particulars of the property, its market value and the extract of assessment register of the property must be submitted at the time of registration.

Stamp duty: The stamp duty is calculated as a percentage of the market value of the gifted property and differs from state to state. Such a gift to

1 Like

(Guest)

Gift of an immovable property is considered as a 'transfer' under the provisions of the TOP Act and you have to have the transaction registered through a Gift Deed and pay stamp duty as per provisions of the relevant stamp act depending in which state the property is situated.

1 Like

Ajit Singh Cheema (practising Advocate)     26 May 2012

As per section 123 of Transfer of Property Act, the transfer under gift must be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witness.  As such the registration of gift of immovable property is compulsory to be effective. The stamp duty on registration is a state subject, so you may enquire from Sub Registrar Pune. 

1 Like

JANAK RAJ VATSA (ADVOCATE)     26 May 2012

ld sh ajit singh cheema has very rightly advised.  just to add that unregistered gifts of immovable property do not result  in  transfer of titles

1 Like

JANAK RAJ VATSA (ADVOCATE)     26 May 2012

ld sh ajit singh cheema has very rightly advised.  just to add that unregistered gifts of immovable property do not result  in  transfer of titles

1 Like

Arun Kumar Singh (Senior Manager Marketing)     06 October 2013

Dear Sirs,

Can any learned member provide urgent inputs on procedure adopted for  cancellation of registered deed registered under due process in W.B, in 2009; Brief facts of the case is the Husband gifted the entire  property having land & buildings in his wife name, now wife is not allowing his entry in the house and virtually out state him with ill motive of selling the said property.

Under the circumstances what is the legal remedy ; & how to revoke the gift deed , will be grateful for immediate guide one the matter by learned members.

With regards.


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