No it has to be mandatorily Registered with the sub registrar and also invite stamp duty I'm the same. Being a blood relative it is less and negligible and on basis of the ready reckoner price
Hi Sir - My father wants to transfer the flat under my name through a gift deed . We have filled the transfer form got it franked and made the gift deed through al lawyer and got it notarized but now the society is saying that we need to get the gift deed stamped and registered through the department of stamp duty and registration by paying 200 rupees as the stamp duty charges ,200 rupees as the registration charges and 1% of the flat value . I am confused about it as i have come across with many scenarios in other societies where in transfer of the flat from the father and the son has just happened by only filling the form and by getting the gift deed notarized , Kindly assist .
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No it has to be mandatorily Registered with the sub registrar and also invite stamp duty I'm the same. Being a blood relative it is less and negligible and on basis of the ready reckoner price
registration of gift deed is mandatory
2) mere notarised gift deed does not confer title to property
3) pay stamp duty and registration charges
1. Un-Registered "Gift Deed", is illegal and Null & Void, for all legal purposes. This will never give Clear-Title of the property and neither the Banks would finance such properties in future.
2. The present rate of Stamp Duty & Registration Fees, MH, for Gift Deed between Father to Son, is :
a) Stamp Duty: 1% of the rateable value of the property
b) Registration Fees: 200/- (fixed)
Registering a gift deed with the sub-registrar is mandatory as per section 17 of the Registration Act, 1908, and as per section 123 of the Transfer of Property Act. If you don’t do this, the transfer will be invalid.
Yes you have to get your gift deed registered after payment of required stamp duty which is variable in state to state so you have to find out the exact amount based on the value of the property from the registration office
For transfer of immovable property from one person to another , execution and registration of deed of conveyance.
This is no exception for a society flat nor for transfer between two members of the same family.
So get the gift deed registered and then complete the formality. This is the only way t get your job done.
See for gift deed it is mandatory to be registered under Registration Act and the deed has be registered by paying appropriate stamp duty and registration fee before the Jurisdictional Sub-registrar office.
Dear Sir,
The following information may kindly be read:
How To Register A Gift Deed In India?
If you are here looking to understand how to register a Gift Deed, there is a fair chance you know all about creating the deed itself. However, if you are looking for the last but surely not the least important of aspects, which is the registration, here is all you need to know.
Every Gift Deed needs to go through profiling from a lawyer well-versed in the knowledge of the transfer of properties and contracts, after which you refer to a Stamp Vendor to find which Stamp Paper is suitable for you and the taxes to be paid simultaneously. After all of which you head to the Sub-Registrar Office.
Now, you may be wondering if there is a way around registration, where you could entirely skip the process – however, keeping each individual’s interests as a priority, the government has made the registration of a gift deed (only immovable property) compulsory.
Transfer Of Property Act, 1882, encompasses all that is to be ensured concerning the drafting of a Gift Deed, and The Registration Act, 1908 deals with the rules and legal limitations regarding the registration of all contracts and deeds in its entirety.
How To Register A Gift Deed?
Before proceeding to registration, make sure your deed is drafted in accordance with the law, and also the wishes of the Donor and the Donee. The break up for the procedure of registration can be done as follows:
Is Registration Necessary?
Any Gift Deed, movable or immovable, if contested in court will stand as an upholding or supporting evidence only if it is registered. Although the Gift Deed of a Movable property doesn’t mandate registration in the Transfer of Property Act, you may or may not register. However, it is important to remember that an unregistered Gift Deed is not legally secure.
On the other hand, the transfer of an immovable property under Chapter 17 (a) of The Registration Act, 1908 the Gift Deed instrument is made compulsory.
Also, registration begs the assent of both the parties, i.e., the Donor and the Donee.
There may be instances where you might want to gift an expensive car, villa or a property and chances though few, are the Donee may refuse to accept the Gift. Apart from rendering the Gift Deed void from the beginning, it cannot be registered.
Registration Charges In Metro Cities
Before registration, the property has to be valued through a proper valuer who is specialised in determining the market price of a property. Based on the market price the registration charges will be levied.
Registration fee is 1% of the total value along with ₹ 100 pasting charges.
Registration Charges are 1% of the market value of the property.
Fixed Registration fee of ₹ 500
₹ 1,570 when included the charges of scanning, endorsement, comparing, filing, record of rights, and postage fee.
Registration fee chargeable when the Donee is a family member is ₹ 200
Registration fee chargeable when the Donee is not a family member will be 1% of the market value of the property or ₹ 30,000, whichever is less.
Registration fee chargeable is 1% of the market value of the property.
Depending on the state you reside in, you are requested to make payment either through Demand Draft (DD), Cheques or through cash at the respective Sub-Registrar Office.
Registration of a Gift Deed made to several Donees where one of the beneficiaries refuses to accept the Gift, the deed is void to the limits of the part of the property that was conferred to the party that refused the Gift. While for the rest, the registration holds.
Dear Client,
Notorised gift deed not valid, it has to be register at sub registrar office and stamp duty payable. 3%.
Notarized gift deed does not hold any value in the eyes of law and cannot be enforced.
Registration of gift deed after payment of requisite stamp duty is mandatory as per law.
Until and unless the transfer of immovable property is executed by a registered document, it is invalid in the eyes of law.
Notarised transfer of property by a gift deed or any mode is not valid and you cannot get a clear and marketable title to the property, hence you may follow the rules in this regard as directed by the society.