Legal Question in Real Estate Law in India

Stamp duty & registration

I have a property which is gifted to us on 15th Nov 1985. please let us know should we need to pay the stamp duty & registration chagres if yes than whta will be the charges


Asked on 10/07/08, 5:53 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Stamp duty & registration

Gift of immovable property require stamp duty as like sale. Lesser stamp duty in most of the states for gift to close relative. Such duty is payable on the market value of the property.

As also, registration is compulsory.

Registration is possible only within 4 months on regular fees. Thereafter, for another 4 months a document can be registered with payment of penalty. Registration is not possible after 8 months.

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Answered on 10/08/08, 2:13 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Stamp duty & registration

as far as gift deed is concerned, it should have the stamp duty of almost the same value as that of sale deed. the only difference is that the consideration is not paid in gift deed. if the deed was registered in 1985, how u propose to pay the stamp duty now. a fresh gift deed needs to be drawn up.

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Answered on 10/08/08, 2:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Stamp duty & registration

If the gift was completed in 1985, you got possession and if your name was entered in the record of rights with the authorities, you may not be required to make any payment towards stamp duty and registration charges at this stage.

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Answered on 10/07/08, 6:07 am


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