• Transfer of house property from sister to brother

We have to get our house property located in thane city transferred as gift deed from my sister to me(brother) by blood i have following queries in this

1. Income tax liability to both
2. Stamp duty charges
3. Registration charges
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

Income tax will have capital gain tax.  To avoid you have to invest in capital gain bonds. Stamp duty charges will be on the rate of the property on ready reckoner price. Registration charges are fixed.  Capital gain is calculated as hereunder

Calculation of capital gains can also be done manually. Here is an example:

Mr. Joshi purchased a property in September 2004 for an amount of Rs. 60 lakhs. After a decade, he decided to sell the property for Rs 1.5 crores. For the purpose of calculating the gains, the cost shall be indexed since the asset falls under the long-term category.

The CII for 2004-05 shall be factored in for the purpose of indexation. Therefore, cost for calculating capital gains for Mr. Joshi shall be Rs. 60 lakhs x CII of 2014-15/CII of 2004-05. This would total to Rs. 1.28 crores (60,00,000 x 1024/480). The net gain for Mr. Joshi is Rs. 22 lakhs.

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Hello,

1. In case of gift deed, since There is no transfer of money therefore there is no tax implication in the relation in which the property is being transferred by you.

2. Stamp duty and registration charges can be confirmed by you from a local lawyer as the same varies from state to state.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Gift in blood relation no tax liability.

2. percent of value of property.

3. 1 percent of value of property.

Circle rate shall be treated as value in gift deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Stamp duty charges would be around 3 per cent of market value of flat for gift deed 

 

2) registration charges would be around Rs 30000 maximum 

 

3) there is no income tax liability for gift deed from brother to sister 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

there will no tax liability on you. 

Stamp duty is a State subject and hence would vary from State to State. The stamp duty in many States is paid as per the market. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Income tax liability to both
none

2. Stamp duty charges
3% of market value (there is some additional duty of 1%)

3. Registration charges
1% market value

please get in touch with a registration agent

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

Liability will be yours.

3+1% stamp duty + registration fee.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

  1. As per the information mentioned in the present query, makes it clear that the property will be transferring by way of gift deed.
  2. There will be no tax liability for either of the parties if no money/ consideration is obliged therein.
  3. Stamp duty will also be very less in comparison to normal mutation process, around 1 to 2 percent.
  4. And registration charges won’t trouble you more than few thousands only.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear

Neither you nor the sister will be liable to pay taxes in a case the transfer takes place through a gift deed.

However, you will have to pay stamp duty and registration charges on the transaction to provide it legal validity.

The stamp duty and registration charges differs from state to state and it may be approx 3% stamp duty and 25000 registration charges. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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