• Gift Deed - Transfer of property from sister who is US citizen to brother

My query is about a property ( residential Apartment) purchased in 2007 in the name of my sister In Pune Maharashtra . The Sister has since left India and become US citizen. I too have moved to Australia in 2018 bowever I am still indian Citizen and wouild be applying for Australian Citizenship after this is sorted out.
As per our agreement the sister wants to gift the property to me and I do not intend to sell it anytime soon. what is the process and what government fees/stamp duty/registration etc need to be paid for doing this?

Asked 2 months ago in Property Law
Religion: Hindu

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9 Answers

Sister can execute gift deed in your favour 


2) it should be stamped and registered 


3) it would attract 3 per cent stamp duty depending upon market value of property

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

Stamp duty is not waived for gift between siblings 


2) sister can execute POA in favour of family member 


3) it should be attested before Indian consulate abroad 


Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

1.  The Stamp Duty for registering the Gift Deed amongst the blood relatives is meagre . In Karnataka it's just Rs. 5000/- irrespective of the value of the property. I do not know the prevailing Stamp Duty charges in Maharashtra for registering the Gift Deed amongst the blood relatives.

2.  First the POA document has to be prepared and after your signature, it has to be countersigned by an Indian Consulate Officer/Notarized in Australia and then sent to India for your mother's signature and then it has to be adjudicated in the jurisdictional District Registrar's Office. After adjudication in India it becomes a legally valid document.

3.  Same procedure as in (2) above has to be adopted by your sister for providing POA in your mother's name.

4.   Then the Gift Deed document has to be prepared ( preferably obtaining the services of a legal person) and alongwith that the adjudicated POA has to be carried by your mother and get the Gift Deed registered in your favour n the jurisdictional Sub Registrar's Office in Pune. 

Shashidhar S. Sastry
Advocate, Bangalore
4704 Answers
277 Consultations

5.0 on 5.0

Your sister can transfer the property to you by executing a registered gift deed in your favour.

After that you can transfer the revenue and all other records pertaining to the property to your name.

T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

The stamp duty for transfer of property between the blood relation and the registration charges thereon is just Rs. 500 only.

Your sister can execute a power of attorney deed at place of her residence, get it notarized by a local notary public or by an official of Indian consulate and send it to your mother by a sealed cover.

Your mother can get the power of attorney deed adjudicated by the concerned sub registrar and after that she can execute the gift deed in your favour.

T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

Dear client,  

To transfer the ownership of the residential apartment from your sister to you in Pune, Maharashtra, the following process needs to be followed:

Gift Deed: A gift deed needs to be executed by your sister in your favor. The gift deed should be executed on appropriate stamp paper as per the stamp duty rates applicable in Maharashtra. The gift deed should contain the details of the property being gifted, the relationship between the donor and the donee, and the terms and conditions of the gift.

Payment of Stamp Duty: The stamp duty payable on the gift deed will depend on the market value of the property at the time of execution of the gift deed. The current stamp duty rate in Maharashtra for gift deeds is 3% of the market value of the property. This stamp duty can be paid online or through a bank.

Registration of the Gift Deed: The gift deed needs to be registered at the office of the Sub-Registrar of Assurances in whose jurisdiction the property is located. The registration fee is 1% of the market value of the property, subject to a maximum of INR 30,000.

After the gift deed is executed, stamped, and registered, the ownership of the property will be transferred from your sister to you. It is advisable to engage a lawyer to draft and execute the gift deed and to assist with the registration process. Additionally, you may also need to consult with a tax expert in India to understand the tax implications of the gift and to comply with any tax requirements that may arise from the transfer of ownership.

Note that as an Indian citizen, you may be required to disclose the ownership of the property in India when applying for Australian citizenship, as well as comply with any applicable tax laws in Australia regarding foreign assets.




Anik Miu
Advocate, Bangalore
6694 Answers
74 Consultations

4.9 on 5.0

As per the Article 34 of the Maharashtra Stamp Act, amended in 2017, 3% of the property’s value is applicable as stamp duty on gift deeds. However, in case the property under consideration is of residential or agricultural property type and is also gifted (without involvement of any payment) to members of the family, then the applicable stamp duty is Rs 200 + 1 per cent metro cess+ 5 per cent POA/GPA+registration charges of 1% of the total cost chargeable amount for the properties that are priced under the Rs 30 lakhs slab. It is capped to Rs 30,000 for properties that are priced more than Rs 30 lakhs.

Ravi Shinde
Advocate, Hyderabad
3806 Answers
42 Consultations

5.0 on 5.0

- Your sister can execute a registered gift deed in your favour, 

- Further, if she is unable to come to India for executing the deed, then she can give POA to any relative in INDIA or appearing and registering the deed in her favour. 

- The POA should be notarized as per rule of US and attested from the consulate of India. 

- No stamp duty is required to pay due to being blood related. 

-  However, she will have to pay only 1 % Stamp duty of the market value of the property , and registration charges is only Rs. 200/-..

Mohammed Shahzad
Advocate, Delhi
11181 Answers
149 Consultations

5.0 on 5.0

She can execute registered gift deed in the said case

Prashant Nayak
Advocate, Mumbai
29605 Answers
121 Consultations

4.1 on 5.0

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