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Shailendra Rokade   29 November 2023

Gift deed in redeveloped society

My property underwent redevelopment and we got 200 Sq ft.of additional area in 2012. Developer didn't pay stamp duty for individual additional area while our DA is registered and he was sure that Government will.come out with nominal charges for individual stamp duty for additional space..

Now I have gifted my flat to my son and paid for stamp duty registration in 2022. After this in March 2023 , for PAAA government has declared Rs 100 nominal fee as stamp duty for redeveloped cases. So we all old society members gave our names to.developer to carry out this stamp duty process. However my society is not accepting my son's name and asking to give my name instead my son saying gift deed with my son is invalid as stamp duty was not paid for the additional space before the gift deed  and asking me to do stamp duty registration process under PAAA and then again  gift it to my son. 

With this my earlier expense on gift deed will be waste. Please let me know whether my gift deed is invalid and do I have to do it again. 


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     30 November 2023

The gift deed if not properly stamped or if the applicable  stamp was not paid then it cannot be recognised as a legally valid document.

However the society cannot go behind the stamp duty to be paid for the gift deed, it should consider the registered gift duty alone.

You can issue a legal notice to the society demanding the reasons and the relevant law for rejecting your application for transfer of shares to his name and then approach the concerned registrar of cooperative societies seeking a direction to the society for doing the needful.

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