• Stamp duty for gift deed from daughter and son-in-law to mother in Pune

I own a flat in PUNE jointly with my husband. Now we want to gift it to my mother. Do our relations with my mother (daughter and son in law) come in the ambit of definition gift deed in family relation for nominal stamp duty. 
1.Thus I want to Know whether we can do the gift deed @ Rs 200 stamp duty.
2.If not then will we have to pay @3% as stamp duty.
3.Or can my husband tranfer his share to me @ Rs 200 stamp duty initially, and on a later date I gift it to my mother @ Rs 200 stamp duty.
4. Or is there any other way to tranfer the flat as minimal expenditure
TIA
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Mam amendment in the stamp duty in Maharashtra has been passed now even in relatives gift deed is made then stamp duty payable is 3 percent / 5 percent of the circle rates of the property as per relation.

so for your share it will be 3 percent for husband share 5 percent.

https://www.e-stampdutyreadyreckoner.com/Gift.html

https://www.e-stampdutyreadyreckoner.com/Files/Amendment-in-SD-on-[deleted].pdf

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) your husband can transfer his share in flat in your name

2) you can then execute gift deed in your mother

3) son in law to mother in law would attract 3 per cent stamp duty

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Hi

1) The Maharashtra government has amended the stamp duty on gift deed (Article 34) from Rs200 to 3% of Market value of property on 7 September 2017 vide Maharashtra Stmp (Second Amendment) Act, 2017 (Mah. Act No. LIX of 2017).

2) The registration fees continue to remain the same (i.e Rs10,000-/-) per gift deed.

3) Any gift deed by Son In Law to Mother in law will attract normal stamp duty(5% of market value of property).

Option 1- Initially you transferring the share of your husband to your name and subsequently transferring the entire flat to your mothers name.

I) Considering the above and assuming the market value of property is Rs10,00,000-/-,

a) and your husband share is 50%, then on the transfer of your husband's share through gift deed, the stamp duty payable will be Rs15000 and Registration charges will be Rs10000-/-.

b) Total of stamp duty and Registration charges will be Rs25,000-/-

II) Now that you are the sole owner (subsequent to transfer of Your husband share to your name) and you wish to gift the entire property to your mother.

a) Market value of the property : Rs10,00,000-/-(Assumption)

b) Stamp duty: Rs30,000-/-

c) Registration fees: Rs10,000-/-

d) Total of stamp duty and Registration charges Will be Rs40,000-/-

Total cost per Option I = 40000+25000=65000

Option-II

I) Both of you executing a gift deed in favour of your mother by paying 5% stamp duty (normal stamp duty)

a) Market value of Property =Rs10,00,000-/-

b) Stamp duty = Rs50,000-/-

c) Registration fees= Rs10,000-/-

Total of Option II= Rs60,000-/-

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Hike in Stamp Duty for Gifting immovable property within family wil be hiked from Rs. 200/- to 3% on the Market Value of the property.

You have to pay 3% stamp duty

Gift deed

Daughter to mother attract 3% stamp duty

Son in law to mother in law attract 5% stamp duty

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

1) As the flat is name of joint and you want to transfer on your mother's name and your husband mother in law name.

here the conflict arise that 50% rate will be charged on 3% stamp duty and 50% property will be charged on 5% stamp duty.

So to avoid 50% on 5 % tmp duty, you should get transfer your husband's share on your name on Rs.200/- stamp duty. and later on your mother sname from you by paying 3% stamp duty. this is only minimal charges.

Or wihtout transferring title if you want to transfer rights on your mother's name than you can go for POA.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

A gift deed in favour of any other family member, however, attracts stamp duty at the rate of three per cent of the transaction value. Similarly, five per cent of the transaction value is charged as stamp duty if a gift deed is signed in favour of someone outside of the family.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. Neither you are a blood relative to your husband, nor your mom is a blood relative to him.

2. Husband will have to pay 3% stamp to transfer this to you.

3. There upon you may transfer this to your mother by paying 200rs. Stamp duty

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) The Maharashtra government has amended the stamp duty on gift deed (Article 34) from Rs200 to 3% of Market value of property on 7 September 2017 vide Maharashtra Stmp (Second Amendment) Act, 2017 (Mah. Act No. LIX of 2017).

2) The registration fees continue to remain the same (i.e Rs10,000-/-) per gift deed.

3) Any gift deed by Son In Law to Mother in law will attract normal stamp duty(5% of market value of property).

4)your husband can transfer his share in flat in your name.

5)you can then execute gift deed in your mother.

6)son in law to mother in law would attract 3 per cent stamp duty.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

1. Concessional Stamp Duty is depending on the following:

a) From Top to Bottom = 200/- (from Mother to Children)

b) From Bottom to Top = 3% (From Children to Mother)

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. gift from daughter to mother attracts nominal stamp duty of 200 only

2. gift from son in law to mother in law will attract 3% stamp duty

3. so it is better that your husband first gifts his half share to you for which duty is only 200

4. thereafter you as full owner can gift the flat to your mother and pay nominal stamp duty of 200 only

5. however you will have to pay registration fee of 1% three times - so do factor in that

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Hello,

No you will considered as a family member and therefore you will get the benefit of gifting the land within the family.

Do visit the sub registrar office for getting the recent rate or you may get in touch with some local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. You can present this gift deed as a transfer within the family members of close relations, let the registrar decide because this is not coming within the ambit of blood relations.

2. Perhaps, yes.

3. If this option would work better, then you can utilise the same.

4.You may try settlement option.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

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