• Stamp duty on gift deed to a brother (blood relative)

I have agricultural land in Raigad District. I want to gift a portion of the land to my blood relative (brother). Can it be done on 200Rs stamp paper or do I have to pay the 3% stamp duty ?
Asked 6 years ago in Property Law
Religion: Other

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17 Answers

FOR REAL BLOOD RELATIONS:

1. Stamp Duty: 200/-

2. Registration Fee: 200/-

3. However, since the Stamp Act has recently been amended, kindly check with the local Agent.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You have to pay 3 per cent stamp duty on gift of land to your brother

Ajay Sethi
Advocate, Mumbai
96745 Answers
7804 Consultations

1. Maharashtra Govt. has given concession on Stamp Duty & Registration Fee "O N L Y" in case of GIFT Deeds only. Sale /Partition /other transfers will attract normal rates.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Where the instrument relates to the partition of agricultural land, the rate of duty applicable shall be one hundred rupees

Ajay Sethi
Advocate, Mumbai
96745 Answers
7804 Consultations

the decision to hike to stamp duty charges was revoked later. So at present there are five categories for Rs 200/- stamp duty, Husband to wife and vice versa, Parents to children, and Grand parents to grand son, and to deceased son's daughter in law. For all other blood relations you will have to pay stamp duty of 3% on Gift Deed in Mumbai, and rest of Maharashtra there is 1% added duty depending upon municipal corporation.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

You have to pay 3 percent stamp duty as the notification of 2015 of maharastra is further amended and 3 percent duty is levied on gift deed in relation. Kindly go through all the notifications

https://www.e-stampdutyreadyreckoner.com/Gift.html

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Stamp dusty is Rs. 200/- and registration fee is also 200/-

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

On partition deed separate duty is levied on the separated share.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

You have to make a gift deed and that should be registered and payment of 3 % stamp duty to complete your gift a gift on stamp paper of Rs200 is not valid

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

GIFT deed, hardly 500 Rs.

Not partition but settlement deed. Immovable property such as land, house or flat can be transferred to Owner’s Children or even to blood relatives simply by executing transfer deed on Rs. 500/- stamp paper without paying stamp duty and registration fee.

Yogendra Singh Rajawat
Advocate, Jaipur
22980 Answers
31 Consultations

Transfer of immovable property within blood relations may not attract stamp duty in Maharashtra state, hence you better execute the registered gift deed in his favor.

T Kalaiselvan
Advocate, Vellore
86941 Answers
2334 Consultations

Does the same apply to Partition Deed instead of Gift Deed?

Yes the same rule applies for the transfer through a partition deed also.

T Kalaiselvan
Advocate, Vellore
86941 Answers
2334 Consultations

Article 46 partition

Rs.10/- for every rs.500/- or part thereof of the amount or the market value of the separated share or shares of the property.

Note: The largest share remaining after the property is partitioned (or , if there are two or more shares of equal value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated.

Provided that always, -

(a) When an instrument

of partition containing an agreement to divide the property in severalty is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the firstinstrument, but shall not be less than five rupees.

(b) Where the instrument relates to the partition of agricultural land, the rate of duty applicable shall be one hundred rupees.

(c) Where a final order for effecting a partition passed by any Revenue Authority or any Civil Court or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition, and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed Rs.10

Ajay Sethi
Advocate, Mumbai
96745 Answers
7804 Consultations

This is my response to you:

1. You can make the transfer on the basis of gift deed;

2. Gift deed invites very less stamp duty i.e. less than 1000 rupees;

3. You can check it here: http://igrmaharashtra.gov.in/

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

The recent notification of the Maharashtra government to abolish stamp duty on gifts between relatives (Referring to the Maharashtra Stamp Act Amendment Bill 20/2015).

Immovable property — land, house or flat — can now be transferred to one's children or blood relatives without paying stamp duty for registration.

This will come as a major relief as families won't have to pay a 5% of the ready reckoner rate of the property as stamp duty.

T Kalaiselvan
Advocate, Vellore
86941 Answers
2334 Consultations

In 2017 govt. Amended stamp duty on gift deed. 3%

Yogendra Singh Rajawat
Advocate, Jaipur
22980 Answers
31 Consultations

http://maharashtrahousingandbuildinglaws.com/the-maharashtra-stamp-act/

Refer the Article 34 in the act.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

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