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Asoke Kumar Ghosh (Professor (retired))     13 February 2022

Stamp duty for gift by share holder of house property to other shareholders

3 of the 8 share holders of a house property in kolkata want to gift their 3/8 share to other 5 coowners. Market value of the property is Rs 20 lakhs. What will be the stamp duty and registration charge for the gift deed?

Advise requested.



Learning

 3 Replies

Adv. Mohit Chahal (Advocate)     13 February 2022

Dear Querist

Gift can be made only for self acquired property.

Share in ancestral property can be transfered to other Coparcener through Release deed by paying nominal stamp duty depending on State where property is situated .

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


....

Advocate Bhartesh goyal (advocate)     13 February 2022

Gift for ancestral property or undivided property can not be made. If 3 of 8 shareholders of property wish to transfer their undivided share they can either execute relinquishment deed in favour of others or sell their undivided share or bequeath by executing will deed but can not execute gift deed.

Dr J C Vashista (Advocate)     15 February 2022

Stamp duty is a State subject which differ from a State to another, for registration of a Gift Deed it is same as Conveyance Deed in Delhi.

How the donor has acquired the subject property ?

It would be better to consult a local lawyer / Sub-Registrar / document writer.


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