1) gift deed would attract Rs 200 stamp duty as executed by wife in favour of husband

2) he Maharashtra Stamp (Amendment) Act, 2015, which came into effect from 24 April 2015, it has been provided that if residential and agricultural property is gifted to a husband, wife, son, daughter, grandson, grand-daughter or wife of deceased son, duty chargeable shall be Rs.200 only.

3) registration charges are nominal around Rs 200

NOTIFICATION

Revenue & Forest Department,

Madam Kama Marg,

Hutatma Rajguru Chowk,

Mantralaya, Mumbai-32,

Dat(:d:- 31st March, 2016

No.RGN-2016/511CR-lllM-1 :- In exercise of the Powers conferred by

section 78 of the Registration Act, 1908 (XVI of ]908) in its application to the

State of Maharashtra, the Government of Maharashtra, hereby amends the Table of

Fees published in the Government Notification, Revenue and Forest Department,

No. RGN.1558/67731-N, dated the 17th July 1961, for registration ofinstrument and

the same is required by section 79 of the said Act, as follows>

In the said Table of Fees in Article I after Note 58 the following shall be

added, namely-;

''Note 59- With effect from 1st April, 2016 registration fee payable on the

instrument of Gift of residential and agricultural property in favour of husband, wife,

son, daughter, grand-son, grand-daughter or wife of d.eceased son shall be Rs.200.

By order and in the name of Governor of Maharashtra,

~'~~~

( Jyotsna ~ar)

Desk officer

Even if you are separated she is till your legally wedded wife

2) there is no order passed by court dissolving your marriage

3) I presume registered sale deed has been executed by builder in joint names

4) take possession of flat then your wife can execute regd gift deed in your favour

Hi

It will attract 200 stamp duty and the registration charges if the gift is between the husband .

In gift deed, stamp duty exemption ids only for legally wedded husband and wife.

if there is a final decree of divorce is passed the exemption in stamp duty is not applicable and the deed of gift will be want of proper stamp duty

If you both are staying separate and trying to obtain a decree of divorce then the registration of the gift will have the exemption of the stamp duty as you both are legally still husband and wife

The stamp duty on gift deed within the family members, even within husband and wife has been hiked from Rs. 200/- to 3% of the market value of the property.

amendment in section 34 of the stamp duty Act has been made to bring this effect.

With effect from 1st April, 2016 registration fee payable on the instrument of Gift of residential and agricultural property in favour of husband, wife, son, daughter, grand-son, grand-daughter or wife of deceased son shall be Rs.200.

pls reply

The latest amendment in section 34 of the act states that the earlier fixed stamp duty with regard to gift deed has been hiked from Rs. 200/- to 3% of the market value of the property.

we are separated legally & she has no issue for gift deed.but we are not going to disclose to registrar office.is it ok???

Also one more doubt this flat is under construction will get in next 2-3 months ; also i have builder NOC letter for the same. is there any impact of under construction.

Please remember that she can gift the share of property only after she qcquires marketable title on her name.

The registered sale agreement is not a title document and the property cannot be termed as transferred to your names.

She can try some other option to relinquish her rights in the property by cancelling the sale agreement or giving her NOC for registering the property directly to your name after construction and handing over possession to you.

You can consult a local advocate on further issues