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Ram (B)     22 July 2017

Gift of land between 2 brothers

My husband has been holding a residential plot of land for over 15 years. He would like to gift it to his brother.

Is the legal procedure simple?

As this will involve change in ownership name of the land, will the new owner (his brother) be required to pay registration charges? Roughly what percentage of the fair market value is this?

The price is now much higher than when the land was acquired 15 years ago.

Thank you.

 



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 6 Replies

saravanan s (legal advisor)     22 July 2017

You need to make a registered gift deed in favour of whoever you want to give.the stamp duty and registration charges vary between states

Advocate Bhartesh goyal (advocate)     22 July 2017

Your husband can gift his plot to his brother through registered deed and he has to pay the stamp duty and registration fee applicable in your state.

Siddharth Srivastava (Advocate)     22 July 2017

Generally in case of Gift  the stamp duty is 2% of the value of property but this rate vary from state to state. There are several procedures which are required to be performed for "GIFT".

Ram (B)     26 July 2017

Thank you for the replies. This is in Karnataka. Is the stamp duty and registration fee determined by the current value of the property, or the value at the time when I bought it? Sorry if this is a silly question.

Siddharth Srivastava (Advocate)     26 July 2017

It is present market value.

Ram (B)     13 February 2019

Re-opening this question from almost a year ago. 

A document writer advised me that if a plot of land  is gifted between brothers (without any monetary consideration, of course), then the typical amounts of Stamp Duty, Registration charge, etc. don't apply. It is just a fixed amount, which is typically less than Rs. 5000, irrespective of the size of the plot. This is in Karnataka.

Can someone please confirm or refute this information?

Thanks.


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