Gift deed by mother to her daughters

679 votes

As per the amendment in 2015 to the Maharshtra Stamp Act 1958, your Mother In Law is permitted to Gift an agricultural or residential property to your Wife on Payment of Rs. 500 as Stamp Duty and 1% of the Market value of the Property or Rs. 30000 as Registration Fee.

I am of the concerned view that LBT is not applicale on gift / transfer of Property from your Mother in Law to your Wife and other daugjters.

Advocate Manish G Varma LawRato

606 votes

If the residential or Agriculture immovable property is gifted (without consideration) to family members in relation then the stamp duty is 200/- on true market value as applicable under article 34 Maharashtra Stamp Act.
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A new amendment of Maharashtra Stamp Act, in related to Gift the stamp duty is 200/- has been introduced from 24th April, 2015.

Maharashtra Government has given Relief in stamp duty for Gift.

Click to view Amendment

Article 34 Gift, Instrument of-not being a settlement (Article 55) or Will or Transfer (Article 59)

The same duty as is levyable on a Conveyance under clause(a), (b), (c) or (d) as the case may be of Article 25, on the market value of the property which is the subject matter of the gift.



[Provided that, if the property is gifted to a family member being the husband, wife, brother or sister of the donor or any lineal ascendant or descendant of the donor, then the amount of duty chargeable shall not be at the same rate as specified in this article or at the rate of rupees ten for every rupees five hundred or part thereof on the market value of the property which is the subject matter of the gift which ever is less.]
As per new amendment in Maharashtra Stamp Act, w. e. f. 24 April 2015



In Article 34, in column 2, after the existing proviso, the following proviso shall be added, namely:-
[Provided further that, if the residential and agricultural property is gifted to husband, wife, son, daughter, grandson, grand-daughter, wife of deceased son, the amount of duty chargeable shall be rupees two hundred.]

Make Note : As under section 122 of Transfer of Property Act, 1882 Gift is a transfer made voluntarily without any consideration.

Example : as per Article 34 (Column 1.) (Eplain for better understanding of the act).

If the property is gifted to any person or in family relation, without any monetary consideration then the stamp duty is 5 % on true market value as applicable under article 34 (read with article 25) Maharashtra Stamp Act.
Donor Donee Stamp Duty on Market Value
Any person to Other Person 5%
Father in law to Daughter in Law 5%
Mother in law to Daughter in Law 5%
Uncle or Aunty to Nephew 5%
Example :(Column 2.) (Explain for better understanding of the act).

If the any immovable property is gifted (without consideration) to family members in relation then the stamp duty is 2 % on true market value as applicable under article 34 Maharashtra Stamp Act.
Donor Donee Stamp Duty on Market Value
Son to his Mother / Father 2%
Daughter to her Mother / Father 2%
Brother to Sister 2%
Sister to Brother 2%
Grand Son to Grand Father / Grand Mother 2%
Grand Daughter to Grand Father / Grand Mother 2%

Example : Explain for better understanding of the (Amendment 2015).

If the residential or Agriculture immovable property is gifted (without consideration) to family members in relation then the stamp duty is 200/- on true market value as applicable under article 34 Maharashtra Stamp Act.


Donor Donee Stamp Duty
Father to his Son, Daughter, Grandson, Granddaughter Rs. 200/-
Mother to her Son, Daughter, Grandson, Granddaughter Rs. 200/-
Husband to Wife Rs. 200/-
Wife to Husband Rs. 200/-
Father-in-law to his Daughter in law (of deceased son only) Rs. 200/-
Mother-in-law to her Daughter in law (of deceased son only) Rs. 200/-

Notification : Dated 31/03/2016 Registration Fee 200/- on Gift
Inspector General of Registration, Pune Maharashtra State has issused notification related to Registration Fee on Gift of residential or agriculture property gifted within family, the registration fee will be Rs. 200/- Only.

LOCAL BODY TAX

Additional tax of 1% is charged because such provisions are made in the concerned local bodies Act, The Registration and Stamp Department are authorised to collect it and then passed on to the concerned local self government / bodies by the state government.

Advocate Jairam Chandnani LawRato