• Transfer of Cooperative housing society flat to wife

Hi,

I want to transfer ownership of my flat, registered under West Bengal Cooperative Housing Society, to my wife as gift. I need to know if this gift need to be registered and does this attract any stamp duties. Both me and my wife are senior citizens. Kindly help.

Thanks.
Asked 10 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) gift deed in favour of wife for transfer of flat needs to be duly stamped 

2) registration of gift deed is mandatory 
Ajay Sethi
Advocate, Mumbai
31112 Answers
1706 Consultations

5.0 on 5.0

Hi
 you should get a gift deed prepared and get it registered fro transfer, then apply in the society for transfer of shares.
To register a gift deed in your wife name it is a nominal fee and no stamp duty more than 500/rupees.
Thresiamma G. Mathew
Advocate, Mumbai
1434 Answers
112 Consultations

5.0 on 5.0

it must be registered under section 123 of TP Act. not only registered but it must be attested by at least 2 witness. according to sec 123 gift of immovable property valued more than 100 shall be registered and attested.
Shivendra Pratap Singh
Advocate, Lucknow
3880 Answers
56 Consultations

4.9 on 5.0

Gift deed requires mandatory registration, failing which it does not convey title from the donor to donee. The stamp duty part can be answered only by a local lawyer as it is not uniform throughout India.
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

Transferring an immovable property shall always be executed by a registered document.  An unregistered document is not legally valid.

The applicable stamp duty has to be paid, there is no exemption for senior citizens.
T Kalaiselvan
Advocate, Vellore
21255 Answers
208 Consultations

5.0 on 5.0

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