• Gift deed

If a person has to provide a prime property in Kerala India to his sister who is a widow by a gift deed please advise on the following - 
1 . What are the applicable taxes 
2. What is the stamp duty
3. Is there a limit to the property value ( Fair value as declared by the government) under a giftable category . If so what happens to the rest of the property value ( Is any income tax applicable) 
4. Is there a limit to the property size
Asked 2 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

There is no tax on gift deed executed in favour of close family relative 

 

2) stamp duty is state subject and varies from state to state 

 

3) no limit on property size that can be gifted 

 

4) stamp duty would be on market value of property as per circle rate or govt rate 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. If the gift deed is executed without accepting any consideration amount, then there is no taxes to be paid either by donor or by donee at this stage.

2. Stamp duty is a state subject, you can enquire the same from local rub registrar office.

3. No

4. What s the time limit are you referring to here? be clear in your question.

There is no such time for property size in the legal terms

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. No. 

2.  It can be 2% of market value of property. 

3.  No, as such there is no limit. Market value is generally assessed on prevailing circle rate. 

4. No. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

As per information available online 

 

Currently, stamp duty is at eight percent of the fair value or the value of consideration, whichever is higher. The registration charge is at two percent of the fair value or the value of consideration, whichever is higher.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

2% of market value of property. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

1. Exempted 

2. 2% , However there may be exempted due to being blood related.

3. No

4. No. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You were advised to enquire it from local SRO for having proper information instead of getting misled by vague information from public websites like this 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

For gift deed there is no tax only for income from that property tax is applicable 

atamp duty on value of property slightly less for blood relation 

it will be dealt as per govt value 

 

 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

No tax , only stamp duty.

NO limit.

Maximum 25k.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Client,

  1. There are no taxes applicable on a gift deed executed in favor of a close family relative, such as a sister.
  2. The stamp duty for a gift deed in Kerala is 2% of the market value of the property.
  3. There is no limit to the property value that can be gifted to a close family relative.
  4. There is no limit to the property size that can be gifted to a close family relative.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer