A residential flat owned solely by the father can legally be transferred via a registered gift deed to his son and daughter-in-law as joint owners.

In Maharashtra, a special concessional rate appliesonly to specific close relatives: husband, wife, son, daughter, grandson, granddaughter, or the wife of a deceased son. A living son's wife (daughter-in-law) is not included in this concessional list.

When transferring a 50:50 share (₹22.5 Lakhs each out of ₹45 Lakhs):

A. Son’s 50% Share (₹22.5 Lakhs)

Stamp Duty: ₹200 flat concessional fee.Registration Fee: ₹200 flat fee.

B. Daughter-in-Law’s 50% Share (₹22.5 Lakhs)

Stamp Duty: Standard ad valorem rate applies to her 50% portion (₹22.5 Lakhs):

Base Stamp Duty: Typically 3% to 5% depending on exact relationship classification/location (approx. ₹67,500 to ₹1,12,500).

Local Cesses (if applicable in urban areas): +1% Metro Cess and/or +1% Local Body Tax (LBT).

Registration Fee: 1% of her share's value = ₹22,500.

Instead, as a gift between a husband and wife also qualifies for the ₹200 concessional stamp duty in Maharashtra, let the father first transfer the entire property in favor of the son by executing a registered gift deed, wherein the Total Cost: ₹200 (Stamp Duty) + ₹200 (Registration Fee). 

The son can later execute a gift deed transferring a 50% share to his wife (spouse). Total Cost: ₹200 (Stamp Duty) + ₹200 (Registration Fee).

father can execute gift deed in favour of son and daughter in law jointly 

2)Son's Share (50% / Rs. 22.5 Lakhs): Gifting a residential property to a son qualifies for a highly concessional fixed stamp duty of Rs. 200 under mahrashtra Stamp act 

2) A daughter-in-law only qualifies for the concessional Rs. 200 stamp duty if her husband is deceased (a son's widow). Since your son is alive, her portion is charged under the general category rate for other relatives, which is 3% of her share's market value  ie around RS 67500

Father to son - Rs. 200/- 

Father in law to daughter in law - 3% of market value of 50% share + 1 % metro cess

Registration fee is nominal 

Yes it can be transferred. The approx stamp duty in mumbai is 5 to 6 percent plus registration charges of 30000/-

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Yes. A father can execute a registered Gift Deed in favour of his son and daughter-in-law jointly. However, the stamp duty concession available in Maharashtra applies only to specified close relatives. Since the daughter-in-law is not covered under the concessional category for a gift from her father-in-law (except in the limited case of a widowed daughter-in-law), the concession will not extend to her 50% share. 

For a flat valued at ₹45 lakh, if the gift is made 50% to the son and 50% to the daughter-in-law:

• The son’s 50% share (₹22.50 lakh) would generally qualify for the concessional stamp duty of ₹200 on that portion, subject to statutory conditions. 
  
• The daughter-in-law’s 50% share would attract normal gift deed stamp duty applicable to a non-concessional gift (generally 3% of the market value of her share, plus applicable cess/surcharge, if any). 
  
• Registration fee is generally 1% of the market value, subject to the prescribed cap (currently ₹30,000 for properties above ₹30 lakh). 
  

Before execution, it is advisable to have the Gift Deed drafted carefully, clearly specifying the proportion of ownership (50:50) and ensuring compliance with the Maharashtra Stamp Act and Registration Act.

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You are welcome for your understanding.

Dear Client, A residential flat held in a father’s name can legally be transferred via a registered gift deed jointly in favour of his son and daughter-in-law However while a sun falls under the category of immediate blood relatives a daughter in law is legally classified as a non relative or third party understanded revenue definitions for property transfers Because the gift deed includes a joint holder who is outside the direct bloodline the transaction will not qualify for concessional family tire stamp duty exemptions and the deed must be executed carefully to reflect the distinct ownership shares.

For a property valued at rupees 45 lakhs in a jurisdiction like Delhi the applicable stamp duty for a joint male and female recipient transfer exceeding rupees 25 lakhs is typically calculated at around 6% on a baseline value of Rs 45,00,000 a 6% stamp duty amounts to Rs 2,70,000. Additionally a standard registration fee percent applies which comes to Rupees 45,000 alongside minor administrative or E mutation charges this brings the total government registration cost to approximately 3,16,000.

From an income tax perspective while the proportion gifted to the son is entirely exempted from tax under section 56(2) of the Income Tax Act due to the direct blood relation the 50% share gifted to the daughter in law may attract tax implications in her hand if its value exceeds the prescribed statutory limits for non relatives. To optimize this legally family is often structure, such transfers entirely in favour of the direct blood relation or evaluate alternative instruments like a registered settlement or relinquishment deed if applicable. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

Ok 

Dear Sir/Madam,

Yes. A father can execute a registered gift deed in favour of his son and daughter-in-law jointly, provided he is the absolute owner of the flat.

In Maharashtra, concessional stamp duty is available only for the portion gifted to the specified family member. The 50% share gifted to the daughter-in-law will attract stamp duty at the normal applicable rate. Registration fee will also be payable as per the Maharashtra registration rules.

Before execution, have the exact stamp duty calculated by the Sub-Registrar or an advocate based on the prevailing Ready Reckoner value.

Advocate Saurabh Agrawal