• 50% ownership gifting to brother

I want ti gift 50% owneship to my own brother in my office shop. Will i have to pay stamp duty on this.?

I consulted two lawyers regarding this one is saying gifting to blood relative's doesn't need stamp duty other says that 4%0stamp duty plus 30000 registration fees will have to pay
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

Yes you have to pay stamp duty at the rate of 3 percent on value of the property along with the registration.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

There is mo stamp duty on a gift deed if given to certain blood relations. Brother comes under that category.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

you have to stamp duty on gift deed 

 

2) registration charges are maximum Rs 30,000 

 

3) stamp duty would be around 3 per cent of share of property gifted 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

 Better go to concerned sub registrar office and enquired the same from them.  In my opinion, you have to pay stamp duty and registration charges.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

1.  W.E.F. from March-2019, the Stamp Duty on Gift Deed, between Brother is:

a)  Stamp Duty: 4% of the rateable value of the 50% Property

b)  Registration Fees: 30000/-

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Well, making gift deed in favour of blood relations does attract stamp duty.

However compared to sale the stamp duty for gift deed between two siblings is very minimum.

To know the actual amount of stamp duty do contact with your local registration office. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

No stamp duty on gift to blood relative. Recent amendment.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

There is a stamp duty also to blood relative but the rate is negligible upto 2 percent

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

stamp duty on gift deed between brothers is 3% + 1% extra as per a recent amendment

registration fee is 1% of market value of property

only in case of gift to lineal ascendants or descendants for a residential or agricultural property, the stamp duty is 200/- + 1% on market value and a nominal registration fee

Yusuf Rampurawala
Advocate, Mumbai
7512 Answers
79 Consultations

5.0 on 5.0

Minimum stamp duty is payable on the gift so increase in your area 4% is applicable then you have to pay the 4% duty on the value of the property to get the gift registered and transfer property to your brother

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

you have to pay stamp duty on gift deed. stamp duty is state subject varies from state to state. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

This is my response to you:

1. You will have to pay stamp duty for this as per the prevailing rate;

2. The rate of stamp duty can be obtained from your nearest registrar office;

3. The stamp duty will be 3-4% of the market value;

4. The registration will be 30k;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

No doubt in Maharashtra there is no stamp duty payable for transfer of immovable property within blood relations but you must confirm that if the same is applicable in respect of commercial property also.

 If it is not applicable then the registration charges and Rs. 500/- towards stamp duty alone is payable.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

you have to pat 0.5% stamp duty and 1% registration charges for the valuation of property which you want to gift to your brother.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Dear

You have to pay stamp duty to execute a Gift deed and also have to pay registration charges to register the deed.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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