• Paying stamp duty on gift deeds/family settlements

I have to undertake family settlement of immovable property with my mother and brother in the UT of Jammu and Kashmir, do we have to pay any stamp duty in either a family settlement or in a gift deed between close relatives. If yes then how much would the stamp duty be.
Asked 4 years ago in Property Law
Religion: Muslim

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11 Answers

Stamp duty is payable on gift deed executed between family members 

 

stamp duty is state subject and varies from state to state 

 

contact local lawyer 

Ajay Sethi
Advocate, Mumbai
97468 Answers
7880 Consultations

The stamp duty in Jammu and Kashmir is three percent for female property owners and seven percent for male property owners.

Ajay Sethi
Advocate, Mumbai
97468 Answers
7880 Consultations

When property is transferred in favor female is 3 per cent, in favor male it is 7 per cent and registration  charges is 1.2 per cent.

Ravi Shinde
Advocate, Hyderabad
4389 Answers
42 Consultations

If there is an agreement between the family members regarding distribution of the properties and such agreement is reduced into a writing under a deed of family arrangement or settlement, then nominal stamp duty of Rs 500 has to be paid 

However if actual transfers happen under the deed of family arrangement or settlement then stamp duty as applicable on the kind of transfer (like release or gift) will have to be paid 

I dont have any idea on the stamp duty applicable for a gift deed in the UT of J and K. However since it's a UT now, the Indian stamp act will apply and not the state stamp act 

Yusuf Rampurawala
Advocate, Mumbai
7742 Answers
79 Consultations

The stamp duty has to be paid incase of a gift deed.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

The stamp duty would be around 7% of the property value.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

The stamp duty varies from  one state to another across the country.

It is mandatory to pay applicable stamp duty for  the transaction of an immovable property whether it is settlement or gift deed or sale deed. 

You can  enquire about the applicable stamp duty locally with the document writer or an advocate in the local.

T Kalaiselvan
Advocate, Vellore
87671 Answers
2353 Consultations

It was clearly mentioned that the stamp duty varies from one state to another across the country, hence you may better enquire about it with the local document writer or an advocate. 

T Kalaiselvan
Advocate, Vellore
87671 Answers
2353 Consultations

1. Yes and it will be nominal.

 

2. It is a State matter and will be governed by the rule of your State. In West Bengal it is half percent.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

Dear Sir/Ma'am 

1) Stamp duty is payable on gift deed

2) The stamp duty in Jammu and Kashmir is three percent for female property owners and seven percent for male property owners.

 

Thank you

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

Yes, you’ll have to pay stamp duty and registration charges on gift deed. But in your case, you may go for Memorandum of Family Settlement (MOFS). It is usually a preferred mode adopted by the families to record their terms of the division/ partition of family property(ies). In simple words, it is a document/ arrangement between the family members that records the orally agreed terms of division of property(ies) inter-se between them. It is not a compulsorily registrable instrument and the stamp duty implications on are also considerably lesser than in case of gift deed, etc.

Abhinav Srivastava
Advocate, New Delhi
33 Answers
1 Consultation

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