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balwinder s bains (Nil)     12 October 2012

Difference between property - transfer deed and gift deed


Respected Experts,

I would highly appreciate if you could please advise at the earliest possible the difference between a GIFT DEED and Transfer Deed?  If such deed happens in Punjab?

What could be the difference in terms of stamp duty payments or other registration fees involved in each case?

Can the gift deed be executed by paying less money in comparasion of executing transfer deed?

Can a transfer deed be considered as gift deed by any reason? 

If any one execute a transfer deed (say father in favour of his daughter in Punjab) and don't pay relevant stamp duty but at a later stage he tries to excuse it as a gift deed because it attracts lesser stamp duty, will the court accept it?

If at any stage the advocate engaged by the petitioner (objecting sale or transfer deed) describes this deed as gift deed under illegal influence or by any reason even sabotage, Will the court accept this transaction as gift deed while its executed as transfer deed.

Please advise.

Best regards & Thanks very much?

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     12 October 2012

As per my knowledge if any property transferred or gifted to the blood relative it attracts megre stamp duty.

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