• Gift to mother

My flat at Ghaziabad ,UP is in joint name with my father. Mine is first name.I want to gift my share to my mother thru gift deed.What will be the stamp duty rate and on what amount i.e. On market/circle rate OR purchase rate as per purchase deed.Also, on my share (50%) or on full value ?.My father will continue to hold 50% as second name as is the case in purchase deed.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

1) stamp duty is state subject and varies from state to state

2) stamp duty would be on the market value of your 50 per cent share in property

3) it would not be on the purchase price mentioned in sale deed

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello,

Instead of giving it as a gift to your other, I would advise you to make a relinquishment deed and relinquish your share on her name.

The stamp duty in a gift will be same as that of the same proceed and you may check the same with a local lawyer.

Stamp duty will be given as per the market value.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The stamp duty is 2% market value for 50% value of flat.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, the gift deed do not constitute any stamp fee as compared to sale deed and is very minimal .. In UP it is around 1 percent of circle rate

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

6% of the circle rate.

6% will have to be paid on your share in this property, i.e., half of this property.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The relinquish deed cannot be made in your case for mother as for relinquish deed it has to be in favour of co sharer of property so if you transfer in name of father than only relinquish deed otherwise it has to be gift deed.

Sir from my best of knowledge this is prevailing rate in UP for gift deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

that is not true for Uttar Pradesh.

In Uttar Pradesh it is somewhere between 5-7%, only in some states it is 2% but not in UP

In that case you may go ahead with the gift deed

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

deed of relinquishment can be executed to relinquish your share in property

2) in the alternative gift deed can be executed

3) stamp duty is state subject . only local lawyer can guide you as to the stamp duty on gift deed/ relinquishment deed in UP

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

In UP, the stamp duty on gift is same as that on sale.

Thus, since you are gifting this share to a female, the stamp duty which is attracted is 6%. In case of a male, this were to be 7%.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

Stamp Duty will count on DLC rate ( govt rate ) . on 50% of your holding.

Relinquishment deed is possible in joint owner name and not in mother who has no ownership in the property.

6% stamp duty. Registration fee is 1% of the total value+Rs.100/- pasting charges.

Check if, any rebate provided by govt. while gifting in blood relation as most states provide.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Stamp duty charged is as per the government market value, prevailing in that particular area, which you can find out by filling a simple application / form in the concerned registration office. Since your share is 50%, the property transferred is being 50%, stamp duty levied is 50% of the registration amount to transfer your share of the flat in your mother's name. It will be particularly low in case of gift deeds.

Please mention in the gift deed clearly that your share is 50% in the flat and the said share is being gifted to your mother.

Mohd Abdul Gaffar
Advocate, Hyderabad
8 Answers

4.4 on 5.0

Stamp duty and registration fee has to be paid to register a gift deed. In some states, stamp duty rates for property transfer by way of gift is the same as for sale or conveyance deed.

In your case relinquishment Deed cannot be made in favour of mother as it can be executed only in favour of co sharer. Please contact local lawyer for stamp.duty applicable to your state.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

You need not break your head with above questions. Just have a faith in advocate and ask him to draft relinquish deed and get it registered in respect of your portion in favour of your mother. Or get registered a gift deed in favour of your mother. Official receipt will be given for having paid Government fees. You have to pay separate professional fee to your advocate towards drafting and registering the deed.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can execute a registered gift deed in respect of your share in the property jointly owned by you and your father.

The stamp duty shall be for the undivided half share of property now proposed to be gifted to your mother.

The stamp duty shall be paid as per government guidelines value only.

The rates applicable can be enquired locally.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

There is no relinquishment of rights in this.

You have to execute a settlement deed or gift only in favor of your mother.

The stamp duty varies from one state to another hence you may enquire the same from the local sub registrar's office about it.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can execute a Registered gift deed for the same. The stamp duty as per the ready reckoner has to be inquired at sub registrar office of your property's jurisdiction. You need to also pay Registration charges.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

1. IN many states the transfer of property between blood relatives is completely exempt from the payment of stamp duty and even registration charges.

2. Only a local or UP based lawyer can tell you what the stamp duty charges, if any, will he.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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