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ashok (se)     27 June 2014

Gift deed to father

I am located in Bangalore, i bough a flat and want to gift it to my father.

Is it tax free ? if not then how much tax need to paid?

How much need to paid for gift deed registration charges (stamp and registration) ?

In case I stay in same property then Can I claim HRA benefit to save tax after doing gift deed to my father? 



 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 June 2014

Registering a gift deed with the sub-registrar of assurances is mandatory as per Section 17 of the Registration Act, 1908, failing which the transfer will be invalid. Besides, such a transfer is irrevocable. Once the property is gifted, it belongs to the beneficiary and you cannot reverse the transfer or even ask for monetary compensation. Only gifts to non-relatives is taxable. In your case no tax. H.R.A. aspect is different. If you pay rent it is not taxable. If you do not pay rent it is taxable subject to the I.T. act.

ashok (se)     27 June 2014

Thanks sir for reply,

Still i am not clear about registration and stamp duty charges,

As per rule gift deed to family members[husband, wife, son, daughter, daughter-in-law and grand children] cost around 1570.00 only for registration and stamp duty in karnataka..

I am doubtful as father is not mentioned in family members.

Please clarif ,what should be registration and stamp duty in this case.

Laxmi Kant Joshi (Advocate )     27 June 2014

For stamp duty charges you have to pay 1% of the total valuation of the property as per circle rate / govt.rate and 2% of the total valuation of the property for registration in the sub registrar office .

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