Legal Question in Landlord & Tenant Law in India

Stamp duty on Apartment gifted to a child

Hi,

I need you help with a new amenesty scheme in maharastra, do i have to pay stamp duty on a flat which my mother has gifed to me, our society has already transferred that in my name.

I just want to know do i need to pay stamp duty and get it registered.

Thanks


Asked on 9/22/08, 10:42 am

8 Answers from Attorneys

Sanjay Shah Shah & Shah

Re: Stamp duty on Apartment gifted to a child

no, there is no need of paying any stamp duty because no sale has taken place between you and your mother. no need to pay sta,p duty on gifted property but according to income tax rules you may have to pay gift tax.

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Answered on 9/22/08, 12:28 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Stamp duty on Apartment gifted to a child

Once the property has been transferred in your name you have become the full owner. You need to be sure if the transfer is by the way of a "gift deed" or a "family settlement" to understand the tax incidence.

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Answered on 9/22/08, 3:18 pm
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: Stamp duty on Apartment gifted to a child

If the flat has been transfered in your name by the society in lieu of the gift deed then i can presume that the said indenture was properly satmped. If the said gift deed was not properly satmped ie. is to say that if the satmp duty @2% of then mkt value was not paid then you can avail the advantage of the amenisty scheme. As far as the registration is concerned it is exempted for ant transfer of any unit in the co-operative hsg. soc. under the Mah. Co-operative societies Act.

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Answered on 9/23/08, 1:16 am
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: Stamp duty on Apartment gifted to a child

If the flat has been transfered in your name by the society in lieu of the gift deed then i can presume that the said indenture was properly satmped. If the said gift deed was not properly satmped ie. is to say that if the satmp duty @2% of then mkt value was not paid then you can avail the advantage of the amenisty scheme. As far as the registration is concerned it is exempted for any transfer of any unit in the co-operative hsg. soc. under the Mah. Co-operative societies Act.

Read more
Answered on 9/23/08, 1:19 am
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: Stamp duty on Apartment gifted to a child

If the flat has been transfered in your name by the society in lieu of the gift deed then i can presume that the said indenture was properly satmped. If the said gift deed was not properly satmped ie. is to say that if the satmp duty @2% of then mkt value was not paid then you can avail the advantage of the amenisty scheme. As far as the registration is concerned it is exempted for any transfer of any unit in the co-operative hsg. soc. under the Mah. Co-operative societies Act.

Read more
Answered on 9/23/08, 1:19 am
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: Stamp duty on Apartment gifted to a child

If the flat has been transfered in your name by the society in lieu of the gift deed then i can presume that the said indenture was properly satmped. If the said gift deed was not properly satmped ie. is to say that if the satmp duty @2% of then mkt value was not paid then you can avail the advantage of the amenisty scheme. As far as the registration is concerned it is exempted for any transfer of any unit in the co-operative hsg. soc. under the Mah. Co-operative societies Act.

Read more
Answered on 9/23/08, 1:19 am
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: Stamp duty on Apartment gifted to a child

If the flat has been transfered in your name by the society in lieu of the gift deed then i can presume that the said indenture was properly satmped. If the said gift deed was not properly satmped ie. is to say that if the satmp duty @2% of then mkt value was not paid then you can avail the advantage of the amenisty scheme. As far as the registration is concerned it is exempted for any transfer of any unit in the co-operative hsg. soc. under the Mah. Co-operative societies Act.

Read more
Answered on 9/23/08, 1:39 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Stamp duty on Apartment gifted to a child

Yes

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Answered on 9/23/08, 4:25 am


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