Ayan Mukhopadhyay (officer) 10 June 2020

Eligibility and concession of stamp duty for a gift deed to a child from his mother who married second time after death of his father ( 1st husband)

A lady had a child born of her first husband ( who is now dead). She married for the second time. Now she wants to do a gift deed of her recorded property to her child born of previous husband. Can she do that taking the advantage of 0.5% of Stamp duty? and Can she gift any type of property ( irrespective of sourse , ancestral or purchase ) she earned in her life time to that child?

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Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 10 June 2020

Originally posted by : Ayan Mukhopadhyay

A lady had a child born of her first husband ( who is now dead). She married for the second time. Now she wants to do a gift deed of her recorded property to her child born of previous husband.

Can she do that taking the advantage of 0.5% of Stamp duty?....Yes

and Can she gift any type of property ( irrespective of sourse , ancestral or purchase ) she earned in her life time to that child?....Yes,she can do so.

Real Soul.... (LEGAL) 10 June 2020

If the property is her owned property and she is having the title of property ,then she can gift or make will deed to that extent.

P. Venu (Advocate) 10 June 2020

In spite of her second marriage, she contnue to be mother of the child borne of her first maariage. What is the rationale forf this query?

Ayan Mukhopadhyay (officer) 10 June 2020

Actually, gift in favour of family members can only have the advantage of 0.5% of stamp duty. As here the framework of family is destroyed and that child is not belonging to any family now, the question automatically arises.

P. Venu (Advocate) 10 June 2020

The proposition you are advancing is unknown to Law.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 10 June 2020

Originally posted by : Ayan Mukhopadhyay
	Actually, gift in favour of family members can only have the advantage of 0.5% of stamp duty. As here the framework of family is destroyed and that child is not belonging to any family now, the question automatically arises....Even after remarriage that Donor still remains the biological mother of that child and therefore Stamp duty payable in case of such Gift is 0.5% of the Registry office estimated Market value of the property so to be gifted.