anusha1234 (Private employee) 25 December 2020

Gift or sale deed for transfer of property from mother to so

I bought a land in 2013. Since I was abroad that time, it was registered in my mother's name.i sent the total amount through bank transfer to my mother. Now my mother is willing to transfer it to me. But my brother is not in favour of me. Stamp and registration charges are not much different for gift and sale deed. Which one will be better sale deed or gift deed ? So that my brother cannot create a problem in future

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A son purchased land registered in his mother's name while he was abroad. Now, his mother wishes to transfer it to him, but his brother objects. The son is seeking advice on whether a gift deed or sale deed is more appropriate, considering stamp duty and potential future complications. The general consensus suggests a gift deed is preferable as it offers immediate transfer with potentially lower stamp duty and registration charges, and is less likely to be challenged.

3 Replies

N.K.Assumi (Advocate) 25 December 2020

There is so much confusion over such matters regarding stamp duty. The property is registered in the name of the purchaser, now he/she wishes to give it away by way of sale or gift, and if he does so, is it liable for stamp duty for the second time or third time, or in every case of sale or gift? I am of the view that no stamp duty or double stamp duty is require over the same registered property. Please correct me if I am wrong. There is similar query in the Expert Forum too.

SHIRISH PAWAR, 7738990900 (Advocate) 25 December 2020

Hello,

Your mother can execute gift deed in your favour. Gift deed will immediately transfer the property in your name and it attack less stamp duty and registration charges.