• Stamp duty charges on property under Family Settlement deed

Family Settlement deed to be registered in Delhi.
Flat is rented and is in Pune in the name of Father in Law.
If the property is transferred from father in law to daughter in law, while the son is alive, through a Family Settlement deed, Will there be any taxes / charges like Stamp duty on the transfer of the property under the family settlement deed?
Asked 28 days ago in Property Law from New Delhi, Delhi
Religion: Hindu

There should be a Registered gift deed and it will incur stamp duty and registration charges. But charges are less for family members

Prashant Nayak
Advocate, MUMBAI
4010 Answers
2 Consultations

4.8 on 5.0

Yes there will be stamp duty on transfer of the flat from father in law to daughter in law or son. In this case I would advise you to make a registered gift deed in favour of daughter in law of flat , the stamp duty payable on gift shall be 3 percent of the govt. jantari value. 

Shubham Jhajharia
Advocate, Ahmedabad
10756 Answers
39 Consultations

5.0 on 5.0

For the property in Gurugram the stamp duty shall be 1.5 % of value for settlement deed.

Shubham Jhajharia
Advocate, Ahmedabad
10756 Answers
39 Consultations

5.0 on 5.0

Stamp duty has to be paid on execution of deed of family settlement 

 

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

 

 

Ajay Sethi
Advocate, Mumbai
55661 Answers
3355 Consultations

5.0 on 5.0

Haryana govt has waived stamp duty on gift deed between family members 

Ajay Sethi
Advocate, Mumbai
55661 Answers
3355 Consultations

5.0 on 5.0

Haryana govt waived off stamp duty on transfer of immovable  property to blood relations inuding children, grand children,  spouse , brothers and sisters. 

Mohammed Mujeeb
Advocate, Hyderabad
3835 Answers
2 Consultations

4.5 on 5.0

Dear Client, 

Settlement will execute where property is located. This can be done by Gift deed too. 4 % stamp duty in both case.

Same applies in gurgaon.

Yogendra Singh Rajawat
Advocate, Jaipur
7053 Answers
5 Consultations

4.7 on 5.0

Family settlement approximately 3% of Ready recknor stamp duty is charged.

Ganesh Kadam
Advocate, Pune
4903 Answers
34 Consultations

5.0 on 5.0

Hi, you can execute a gift deed in blood relation ...There is no stamp duty on gift deed made in blood relation of the property is in Gurgaon 

Hemant Chaudhary
Advocate, Gurgaon
3959 Answers
19 Consultations

4.9 on 5.0

Please check picture local registration office it is almost 1.5 % of the value of the property

Vimlesh Prasad Mishra
Advocate, LUCKNOW
4073 Answers
9 Consultations

4.9 on 5.0

Dear sir,

as per the supreme court judgment registration of the family arrangment is optional and the registration is need not be compulsory and signing in the stamp paper of Rs.100/- by all the members is morethan enough, because as there is no conflict of interest in between the family members 
Whereas its amongst the family members. The registration charges and thestamp duty for registered documents involving immovable properties and all other documents is a state subject, ... the stamp duty payable on registration of partitiondeed is 0.5% of the market value of the separated share or shares of the property.

Netravathi Kalaskar
Advocate, Bangalore
925 Answers
3 Consultations

5.0 on 5.0

1. Stamp Duty charges are different, depending on the clauses of the Family Settlement Deed.

2. IF the said Deed is without any monetary consideration, THEN Stamp duty is minimal.

3. IF the said Deed is WITH monetary consideration, THEN stamp duty shall be based on the value of the related properties.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
1127 Answers
6 Consultations

5.0 on 5.0

Since the property is being transferred to daughter in law by father in law who are not blood relatives, hence the applicable stamp duty may have to be paid.

Family settlement deed in respect of property situated in Pune cannot be registered in Delhi.

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

The stamp duty is a state subject and is not common across the country hence the rates may be enquired from the local registrar's office.

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

The stamp duty is a state subject and is not common across the country hence the rates may be enquired from the local registrar's office.


The stamp duty is a state subject and is not common across the country hence the rates may be enquired from the local registrar's office.

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

You will get legally correct answers only. You can term it family settlement or any thing the legal transfer can happen in certain selective ways. You need to pay the stamp duty and registration charges, if you enter into any valid transfer of title may be in any name whatsoever. Only way to transfer without stamp duty or Registration is Will. But that will only come in existence after death of testater.

Prashant Nayak
Advocate, MUMBAI
4010 Answers
2 Consultations

4.8 on 5.0

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