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raghavendra   28 May 2015

Home loan against property transfer between siblings

My Sister has purchased house and there is Loan running. As per Maharashtra Gov new order Stamp Duty is waived off while Transfer of Property and Gifting of property between blood relation. I want the home on my name and Loan to be Transferred to me or take new Loan. Will it be possible without paying Stamp Duty.



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 4 Replies

bsrao   28 May 2015

Home loans are not available for gifts. You both can come to an understanding and you can arrange repayment of the home loan from your account. Once the loan is repaid, then you can get it transferred in your name.

Dr J C Vashista (Advocate)     28 May 2015

@ Raghavendra,

Can you mention details of such an order/direction of Maharashtra Government?

If stamp duty is waived then where does the question of avoiding stamp duty?

Kumar Doab (FIN)     28 May 2015

House can be gifted.

If the stamp duty on gift between blood relation is waived off it can't be charged.

Home loan can be transferred subject to guidelines issued by RBI, BCSBI,IBA etc.............that bank can not violate and has to ensure faithful observance.

 

T. Kalaiselvan, Advocate (Advocate)     03 June 2015

The home loan is different subject to that of transfer of property by gift deed or any other mode. It depends on the bank to transfer the home loan to your name on complying with the conditions satisfaction to the bank. 

The waiver of stamp duty is yet to be implemented or has already come into force, please check it up with the local registrar's office. 


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