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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100 thoughts on “No Stamp Duty Required for transfer of property to relatives”

  1. 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

    1. 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.

      1. 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?

    1. 2% stamp dusty and1%registration fee is applied concession only by Dr sending birth order brothers not included in bipod relation this is surprisingly

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

  3. 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

      1. 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

  4. 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.

  5. 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.

    1. 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

  6. 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.

  7. 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…

  8. 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.

  9. 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

  10. 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

  11. 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.

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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)

  17. 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

  18. 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

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

  20. 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

  21. 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

  22. 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.

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

  24. 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

  25. 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?

  26. 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

  27. 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

  28. 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

  29. 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

  30. 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”

  31. 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

  32. 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

  33. 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

  34. 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?

    1. 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 .

  35. 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

  36. 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

  37. 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

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

  38. 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.

  39. 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.

  40. 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.

  41. 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

  42. 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.

  43. 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.

  44. 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.

  45. 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

  46. 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

  47. 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

  48. 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?

  49. 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

  50. 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.

  51. 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.

  52. 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.

  53. 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?

  54. I have a property in name of myself and my brother. Now i would like to take the property under my ownership only by making gift deed registration from my brother. Kindly advise the overall cost to be do this transaction.

  55. Hallo
    Sir
    I buy a flat in palghar & register to my name but now for pradhan mantri aavas yojana
    I want to re register a flat to my wife
    So we have to pay stamp dutty & refistratoon fee and how much
    Please tall me

  56. 1) Land 7/12 paper main mera naam minor karke mention kiya hai aur meri mammi land mere naam pe ki thi tab main minor tya isliye us time pe mere sath mere father Ka naam bhi mention kiya lekin ab main matured ho gaya hu to mazhe land paper as minor hatana hai aur matured mention krna hai to uske liye Kya Process aur Kya documents lagenge
    2)yeh land muzhe apni sister k naam pr transfer karni hai to uske liye Kya Process hai
    Stamp duty And Registration charges kitna paid karna hota
    Pls sir

    1. Dear Sachin, whether your father has purchased this land by his own income or is it the property of your grand father. If the property is come from your grand father, then you and your father will be a ultimate legal heir of said property and now you have become major so you are legal heir of this propety.

      And if the property is purchased by your father and your father want to transfer it to you and if there is any document or deed made in your favor, submit your leaving certificate along with the application & document or deed to the Talathi for updating the record and take new online 7/12.

  57. I have applied for the land distribution between father and son.. We don’t have any issues but still i suppose to pay 12000 for whole gat of 15 hectares fees for measuring my 3 hectares land.

  58. Hello, I want to transfer my property (Apartment) from me to my Father (This is a transfer from son -> Father and not Father -> son). I am getting mixed responses on this transfer. Can anyone please let me know if this transfer of property can be done on 500rs. stamp paper or need to pay the 3% charges?

  59. Hello,
    A is owner of 1flat & some loan is that flat ,now he wants to transfer that to his brother B.

    It is possible to transfer?
    Also loan can transfer ?
    In this case stamp duty applicable ,if yes then how much?

    Please reply

  60. Hello Sir,
    I am from Pune, Maharashtra.
    Property is also in Pune, Maharashtra.
    There is flat , owner of that flat is my brother in law.
    Now he want to transfer same flat to my husband
    (Blood relations)

    It is possible to transfer ?
    How much stamp duty to be pay ?
    How much time required for further procedure ?
    Also some loan is on same flat , that loan is transfer to my husband ?
    With loan flat can transfer ?

    Please reply

    Thanks

  61. i have land . theres a name in 7/12 are my fathers cousins and my cousine i want to waves there all rights in my favour whats a stamp duty liable or exempted

  62. We have 21 Acres agricultural land in maharashtra.it is ancestral property , Now my father wants to distribute in six equal shares, mother,father & 4 children. Does it requires Registered transfer deed ?
    Already we have submitted Notarised transfer deed to Tehsil office three months before,since no verbal or written reply from Tehsil. What to do , Plz guide me

  63. What is stamp duty in Maharashtra for transfer of immovable property by Mother’s sister Husband and Mother Sister (jointly owned by them) transferring it to you?

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