• Stamp duty on private trust

An Individual has Immovable property. He would like to create a trust for the benefit of his two children and hence, move the immovable property from his ownership into Trust.

1. Is there a Stamp Duty Implication on this transaction at normal rates or at reduced rates?
2. What is the effective way to transfer the property and incur a minimum stamp duty in such a transaction

Regards
Prashanth K L
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

6% stamp duty.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Same duty as conveyance if the immovable property is conveyed by the individual from his name into that of trust 

 

better option is to execute a gift deed in favour of 2 children 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

Same duty as applicable on the conveyance deed in favour of individual. the rate of conveyance as per state.shall be applicable.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Only a will.is the way to for effective transfer and no stamp duty for all other mechanisms there will be stamp duty payable

Prashant Nayak
Advocate, Mumbai
34527 Answers
249 Consultations

  1. As per the information mentioned in the present query, make sit clear that he wish to transfer the property to his two sons, but doesn’t want to spend much in the stamp duty.
  2. So, I would advice him to go for the gift deed without consideration (do not take any money from them) as there is only registration charges plus the making charges of the deed by the lawyer, but surely not any stamp duty.
  3. And then children get start with any thing over the property, and get the same registered on their name as mad when have money to give stamp duty. Otheriwse, it is not mandatory, as gift deed in itself a proof of ownership.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir,

Q 5 What is the fee for registration of trust deed?
As per Article III of table of fees under Karnataka Registration Rules 1965, fee shall
be paid at 1 percent on the total of value shown by the trustee or value of movable or
immovable property shown in the trust deed.

For more details please visit the following link:

https://www.karnataka.gov.in/karigr/Documents/Registration%20of%20Trust.pdf

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

As per Article III of table of fees under Karnataka Registration Rules 1965, fee shall be paid at 1 percent on the total of value shown by the trustee or value of movable or immovable property shown in the trust deed.

Generally, there is no statutory requirement to create trust by any instrument. ... This registration will be mandatory even if the instrument declaring trust is exempted from registration under Registration Act, but a Private trust declared by a will does not require registration.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

Dear Sir,

The following information may kindly be read;

To achieve the above purpose, you would need to create a private trust for the benefit of your daughter. A private trust can be created by you either during your lifetime through a non-testamentary instrument or a though a testamentary instrument, namely your Will, which would take effect after your demise .

As per the Indian Trusts Act, 1882, for the creation of a valid private trust, the person creating the trust (known as the author or settlor) should state in the instrument creating the trust: (i) his/her intention to create the trust, (ii) the purpose or object of creating the trust (which has to be for any lawful purpose) and (iii) the identified beneficiary or beneficiaries of the trust. Further, the author must also transfer the initial trust property to the trustees of the trust at the time of creation of the trust, unless the trust is being declared under a Will—in which event the property will get transmitted to the trustees (as trustees of the trust) at the time of your death and the trust will come into effect at that time.

In case the trust is being created under your Will, your Will should be duly executed as per the provisions of the Indian Succession Act, 1925.

At the time of creating the trust, the author is required to appoint a trustee, or trustees, for the purpose of administrating the trust and such trustees must accept the trust and the responsibilities.

Please note that as per section 56 of the Indian Trusts Act, 1882, if the trust is created for the sole benefit of your daughter (where she is the sole beneficiary under the trust) when she becomes a major (and if she is otherwise competent to contract), she would be entitled at any time thereafter, to require the trustee to transfer the trust property to her or to such person as she may direct, in which event, the trust will come to an end.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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