No Stamp Duty Required for transfer of property to relatives

GOVT. WAIVES STAMP DUTY ON TRANSFER OF LAND / FLAT TO KIN or FAMILY MEMBERS

Hon’ble Revenu Minister Eknath Khadase announced in Assembly on 25-03–2015 that Govt. waives stamp duty on transfer of land or flat immovable property to Kin or family members. He announced that now 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. This announcement will give good relief to the families of transferors as they will not require to pay 5% stamp duty at market value as per ready Reckoner. Minister further clarified that in such an event it will be sufficient if transfer document is executed on Rs.. 500/- stamp-paper.

He further clarified that the decision to waive stamp duty on property transferred to heirs is taken on account of large complaints received from farmers who were otherwise unable to transfer farming land to their family members due to heavy stamp duty for such transactions. H’ble Chief Minister on another issue of TDR clarified in the assembly that Govt. is framing a new policy by which TDR will be indexed to the Ready Reckoner rate in order to prevent developers earning buge income from use of TDR of one area to another. The Ready Reckoner rate of the area where it is being utilized will now apply. S.S. Mahajan Source Times of India dt. 26-3-2015


Regarding Stamp Duty on Gift of property to family after having received the assent of the Governor in the Maharashtra Government Gazette on the 24th April 2015-1

 

Please also see this link https://www.e-stampdutyreadyreckoner.com/Gift.html

Here is the link to the website which has a link to the circular too http://accommodationtimes.com/no-stamp-duty-required-for-registration-of-gift-deed-between-blood-relatives/  You may read the comments also, which will give you a good idea. Here is the english version of the same – http://www.npci.org.in/documents/Annexure_4_Maharashtra_Stamp_(Amendment)_Act_2015.pdf

Some more views available here https://www.kaanoon.com/17181/transfer-of-property-in-blood-relation

 

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88 Comments on “No Stamp Duty Required for transfer of property to relatives”

  1. Salik shaikh says:

    We got the flat in 82 againt the old house.is the stamp duty req.we now want to transfer the flat to sister name.so do we have to pay the stamp duty or not .pls relpy soon

    • Saurabh says:

      Yes, you will have to pay stamp duty @2 and registration fees @1% on the market value of your flat if you want to transfer your flat to sister.

      – Saurabh
      stamp duty & registration consultant.

      • sanket shinde says:

        Hello sir, me and my brother own a agriculture land and I wish to release my share in the property so that he would be sole owner of the said agriculture land. Whether this blood relation would get covered under for concessional stamp duty or else what would be rate o stamp duty incase same is not covered?

  2. mrkaranbatra says:

    Is this applicable throughout India or is it applicable in a specific state?

  3. This applies only in the State of Maharastra, since Stamp duty is State revenue.

  4. paresh says:

    good point if Prop. Free Regd . JN between family member

  5. Sabastina says:

    Hi just wanted to know I lost my husband and now he has kids can his property be transfer in his kids and wife name

  6. Prem Desai says:

    Apparently looks good but it will create many complications within families. It many attract many of dubious transfer of properties.

  7. Nitin says:

    Its aply only in maharastra or all over india

  8. HEMANT says:

    send me a gr coly link or date or gr no sir

  9. SAM says:

    House (Flat) is registeted on 2 brothers A & B in Thane, Maharashtra.

    If A want to realease his right from this House (Flat) completely by giving gift to B.

    In this gift deed of house (Flat) from one brother to another brother whether stamp duty to be paid or not……pls reply soon

    Thanks a lot

    • Nadeem Shaikh says:

      Only rs. 500/- as the transaction is between brothers by blood relation.

      Adv. Nadeem Shaikh
      9987121656

      • shabari says:

        Hi Sir,

        My father have a plan to transfer house from his name to my name. so what will be procedure & how much it costs? we belongs to andhra pradesh thank you

  10. RASHID says:

    Is this applicable to state of jammu & KASHMIR

  11. Reblogged this on lawhouseindia and commented:
    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.

  12. Last 1997, I purchased a plot spending my money in my Mother’s name. After her death, my brother and sisters were given me a power deed to sell all the lands, plots which were in the name of my father and my mother. The power deed was also registered in my native registration office. Now can I transfer my plot to sons’ name legally by applying the above said act from my mother?. My bro, and sisters will not object since they know the plot was purchased from my own money.

    • Respected Sir…..I am in Tamilnadu. Pl give me the reply for my qn dated Nov 29,2015 @ 7.04 am the qn raised by me. Since I have to act quickly for my family need pl reply. Thanking you sir…—-Padmanabhankay

  13. Krishan Arora says:

    The daughter wants to gift the flat to her father. Is there any stamp duty and if so how much?

  14. Rishikesh says:

    after executing the gift deed on Rs.500/- stamp paper ,do the old agreement of the property automatically cancels and do we have to draft a new agreement for gift deed for as to add the new names in the existing names,is the new agreement prepared with the new names added is to be registered with registrar office?and plz mention the GR number for the above mentioned exemption for stamp duty to relatives.

  15. kuntal says:

    Hi.. Sir, we are 2 brothers..
    my brother has a flat with my mother… he wants to transfer his share in the flat on my name…my mothers share will remain as it is…
    can it be done on 500rs stamp paper… or registration stamp duty needs to be paid at 2%
    plz confirm…

  16. bhavika says:

    Is this applicable in the state of uttar pradesh

  17. vijay choudhary says:

    what relations comes under blood relation for transfer of property –

  18. Aniket says:

    my mother’s first sister want to give her plot to me, do i have to pay stamp duty or not?

  19. Vrajesh says:

    Can an Individual transfer his share to his HUF (of which he is the karta) under this clause so as to not be required to pay the stamp duty.

  20. Apoorva says:

    Is their stamp duty on transfer of property to wife or sister in law ??

  21. Ratnakar B. Parimal says:

    Myself and my sister in law purchased a plot jointly and boths names are included in the deed. MY sister in law wants to give his share to me without any money. Will it ok to transfer this on Rs. 500/- stamp duty or else. Pls reply

  22. Bhushan says:

    Hi,

    I want to transfer flat(30lac) in Kalyan to my brothers name(blood relative).
    1. i want to go for Gift deed, how much percent registration fee need to pay my brother ?
    2. can i transfer it to my fathers name and then my father can then give it him , which is the better way?
    3. is ther any other way to minimise the transfer cost ? because we are brothers

  23. Mamta says:

    I have a property in Maharashtra, now I want to transfer it to my Father and Brother. will it be exempted from the stamp duty for conveyance under the new amendment? Also if stamp duty of Rs. 500 shall be applicable, will the registration charges remain the same?
    Thanks.

  24. Dipak Patil says:

    Plz give me GR for same.

  25. ibrahim shaikh says:

    my ex wife and me share 50\50 share in flat she wants to transfer 50 percent share on my name can it be done on my name without stamp duty on 500 stamp paper

  26. arun says:

    I wanted to gift my house to my sister in law. what will be charges.

  27. aashish says:

    Sir I want my uncle agri land in nagarpalika under to be transfer on my name or my father name so how much stamp duty should be paid in Maharashtra….pls reply its urgent

  28. Ramesh Poojary says:

    Can I make a 50% of gift deed to my wife name in my flat? it needs any stamp duty or registration fee? please let me know

  29. Swati says:

    Is stamp duty applicable if a sister wants to purchase a flat from Brother in Maharashtra

  30. Arzoo says:

    Hi,
    What is the procedure in maharastra when one brother want to give property to his sister’s name.

  31. prashant says:

    if mother wants to gift flat to daughter which is located in Pune, there is no stamp duty but the registration fee is said to be 1% of the value of the property, some places it is said that the registration fee is limited to 30 thousand. Pl clarify situation in Pune

  32. Tarun gupta says:

    I own a property in agra u.p.(1969) and want to transfer it as a gift to my brother. How much stamp duty I have to pay for transfer of property to a goverment. I live presently gwalior(m.p.) and my brother live in agra(u.p)

  33. Shyam r dudani says:

    I own a flat no 3 and my brother owns flat no 4 same size same building same value how much stamp duty it will attract on exchange deed

  34. Sanjeev Jayant Naik says:

    i am having a plot in housing sty. and i have build a house on it. i am a member of sty but the 7/12 utara comes in the name of sty and all members of sty. can i transfer the land and house propery to my son on the bond of Rs. 500

  35. Radha says:

    My husband wants to make me co owner of a commercial property…..what will be the process….. Gurgaon, Haryana

  36. Anya says:

    My sister in law (ie. my late brother’s wife) wants to transfer her flat in my name, Am i entitled to pay stamp duty, if so, how much?…Bombay

  37. pravin rao says:

    I want to tranfer the Flat in Kharghar, Currently it is registered under Sister in Law name, Since Complete cost of Flat was paid by me. What is total charges & let me known contact, if we need to contact the lawyer
    Cost of Flat is 58 lakh

  38. Dhrubo Kumar Mitra says:

    I want to add my name in the share certificate of flat in a society in Worli which already has my father’s name as member and sisters name as associate member. How can this be affected,what are the total charges required and does a gift deed have to be executed? Please reply asap.

  39. H.R.Parmar says:

    can younger married sister transfer her 50% share to her elder unmarried sister under latest amendment by waiving stamp duty & register the deed ?

  40. Ravikiran says:

    Hi Sir,

    One of my relative own a flat in kalyan. Where the owner has met an accident last year and they are no more. wife needs that flat to be transfered to her name. What will be the charges for the transfer?

    Kindly guide me.

    Thanks
    Ravikiran

  41. Debdut says:

    What will be the percentage of stamp duty on market value if my aunt (wife of my fathers elder brother) transfers her portion to me?

  42. Madhuri says:

    Hi, I Purchase a Flat and i made agreement to sale last year. On that property I made home loan through finance company. As per Company policies some changes make in my agreement. 1st in my agreement name is My (Sister) n 2d name given that My brother. So company says make a Gift deed between in brother n sister. My brother gifted his part of that part through this gift deed. So can I paid for that stamp duty? n What going the procedure of that type gift deed. plz given me a solution

  43. Rakesh says:

    I own a flat with my father name mentioned as the second owner. Now after my father and mother demise I came to know that my brother and sister will be equally owner. Can this act can help me to transfer the property in my name. Is stamp duty is applicable on this transfer of property in my name

  44. Sudhir says:

    My father has to transfer his house to his, property how much stamp duty and registration fee will be charged details are

    Circle rates are 15000/sqr yrds

    Transferred property is 16.66 sq yds

    Pls reply

  45. Pankaj Aumdhkar says:

    My sister want to transfer her property on my name I just want to know about process and expected expenses on Rs35 lack market rate property

  46. Nilesh says:

    I have a flat and want to transfer 100% of it to my brothers name. Pls advise if 200rs stamp paper method will work, as the yellow highlighted section of The document doesn’t include word “brother”

  47. Tanu says:

    Hi, I have a property in my individual firm, now i want to transfer that property legally in HUF, so i will pay stamp duty ??

  48. George says:

    Property (Flat) in Palghar district is in my Fathers and Brothers Name, i want to get it transferred though Gift Deed on my Sole name, What would be the stamp Duty and Registration Fees

  49. supriya says:

    Hi my father and myself have exchanged the flats in the same building in thane maharastra of same value will this act help us to transfer the flats in each others name with out stamp duty and registration

  50. Sugurunath V Regal says:

    I have got transferred my elder brothers Row House in my name in last month by paying Stamp Duty of Rs. 97000/- can I claim refund of stamp duty if it is waived as per Govt. of Maharashtra Circular

  51. sheyzad says:

    My father gave me his commercial plot as a Gift to me.My father transfered his plot to me on 500rs stamp paper.My question is now that,can my father sell that plot without my permission or by any other way?

    • Advocate Prashant, Aligarh says:

      Once your father gifted property in your favour via valid gift deed executed on Rs 500 stamp paper than you becomes whole sole owner of such property. Your father can’t sale that property .

  52. S.V.DEVAL says:

    I had a bunglow in Thane On my fathers name. He transfered the bunglow on my name by gift deed.
    I gave the bunglow for property development. In return I got two flats on my name.
    In one flat Iam staying with my mummy and daddy. along with my wife.
    Second flat I have given to my son who is staying in the same building.
    I want to transfer the flat he is staying on his name,kindly inform me what will be the expenses.(Blood Relation)

    Regards.

    S.V.DEVAL

  53. Manohar Vishnupant Kale says:

    sir, I want to transfer flat purchase in 2010 in he name of my daughter , whether it will fetch stamp duty? As per new ammendment in stamp act for maharashtra , they says no stamp duty required .you can make it on Rs. 500/- stamp paper

  54. Mehta says:

    If SON gifts residential flat to MOTHER, is this transfer will have NO stamp duty and NO registration fee, please give reply on legal stand. Thanks

    • RISHIKESH says:

      Even thou it is transfer in blood relations ,you have to pay 1 % of registration amd stamp duty as per govt market value legally

  55. Mayur says:

    How can I transfer my property on my brother name? Can it be transferred on 200 or 500 bonds pls reply

  56. kapil says:

    I have a piece of Land with my name and nominee is my daughter, Now I want to transfer complete Land to My daughter’s name. Please suggest me the process…reply fast.

  57. Puran Singh says:

    My Elder brother wants to transfer flat to me or my mother. please advise we have to pay stamp duty or simply we have to do transfer deed.

  58. Chirag Patel says:

    I have received a property in my name by way of a a valid will which has been proved in the High Court. Want to know if I have to pay any stamp duty for transfer of d said property.The property was wiled to me by a family friend.

  59. Hasmukh Balani says:

    a person want to gift his shop to his married daughter, it require stamp duty and registration fees or can gift on the Rs, 500/ stamp paper

  60. Vikas bhati says:

    Sir, I hold a residential plot in Vaishali Nagar in Jaipur City which was purchased by we Brothers on my Late Father D Bhati (HUF File) but now I as one of the member of the that HUF want the property transferred in my name. Please advise me what should I do to get the land transferred in my name.

  61. Chirag says:

    I have got a grant from the high court for a property willed to me by a family friend. Do i have to pay any stamp duty on the same? Kindly advice.

  62. JP YADAV says:

    Is this applicable in the state of uttar pradesh?

  63. Sarang says:

    Mother-in-law want to Gift the residential property to her two daughters. Both the daughters are married. In Gift deed, ss per latest norms, do we need to pay Stamp Duty ? If yes how much ? Some websites shows 2%. Whether 2% per sq.ft. OR overall 2% of the cost of property as per current ready reckoner. Maharashtra NAGPUR.

  64. Rahul says:

    Flat is registered on 2 brothers A & B in Indore, Madhya Pradesh.
    If A want to release his right from this Flat completely by giving gift to B.
    In this gift deed of house (Flat) from one brother to another brother whether stamp duty to be paid or not……

    Thanks in advance

  65. Abhijit says:

    Hi Friends,

    Can anyone suggest me, if i transfer my flat to my mother’s name, do i need to pay only 500 as stamp paper or 2% registration charges also?? please confirm. Thanks in Adnavnce

  66. Mohd Shuab Khan says:

    House is registeted on husband and wife in Lucknow, Uttar Pradesh.
    If husband want to realease his right from this House completely by giving gift to wife.
    In this gift deed of house from husband to wife whether stamp duty to be paid or not……pls reply soon
    Thanks a lot

  67. Hari om Agarwal says:

    i have a single storey house in the name of my father in uttar pradesh and he is no more .so, i want to get it transfer to my mothers name .
    should i have to pay stamp and registration fee or not?

  68. Sir I have double stories house in my name. Now I wanted to transfer it to my only son and his wife . I do not pay registry fees in registry office . What can I do. Tej Bahadur Singh

  69. Dinesh Sawant says:

    Sir, I am purchasing flat from my Brother, I want to take loan from bank also for that, now what will be the stamp duty in maharashtra, mumbai

  70. S S Singhal says:

    I want to know capital gain tax implications on such type of transfers to blood relations. Whether any liabity of paying income tax arises on such transfers.

  71. Mika says:

    HI,
    This is very urgent.Mr,.X due to financial issues is transferring within 2 days his Flat with value maybe within 12.50Lacs in daughter’s name and a gala worth 12.50Lacs in wife’s name to avoid being confiscated by bank.In this case does both the tranferee (as Mr.X has no money to pay stamp duty etc)have to pay stamp duty,registration charges and if yes what is the percent and what more charges or expenses have to be paid.
    Also,will the bank take back the tranferred property from daughter and wife incase Bank declares( after few days of tranfer of property) Mr.X financially incapable as not repaying his bank loans and his company as Insolvent if the property has been transferred ?

    Pls reply urgently as some agents are demanding Rs.1,11,000 as stamp duty,registration expenses and Rs.25000 as other expenses totalling to Rs.1,36,000 for both properties without giving proper details and have to be paid by tomorrow.

  72. Amit says:

    Hi, My mother and Father are co-owner of a Property. We want to transfer the part of this property owned by my mother to my Father. This property is located in Bihar.

    Please let me know how much Stamp Duty and Registration Fees will be paid for this transfer.

  73. Akash keshwani says:

    what if the property is transferred from father in law to daughter in law?
    Will taxes be charged or not?
    And what documents will be required to do so?


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