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Procedure for transfer and gift of land to my sister


14-Apr-2023 (In Documentation Law)

i want to know about the full procedure and charges of transfer / gift of land (property) on the name of my sister who is married.....also want to know about where i have to go.....what charges need to pay......area of land is 1.5 acre

Answers (1)

Answer #1
315 votes

Under section 122 of the Transfer of Property Act, 1882, you can transfer immovable property through a gift deed. Like a sale deed, a gift deed contains details of the property, the transferrer and recipient. But instead of a sale consideration in a sale deed, a gift deed allows you to transfer ownership without any exchange of money. Registering a gift deed with the sub-registrar is mandatory as per section 17 of the Registration Act, 1908, and as per section 123 of the Transfer of Property Act. If you don’t do this, the transfer will be invalid.
Stamp duty and registration fee has to be paid to register a gift deed. In some states, stamp duty rates for property transfer by way of gift is the same as for sale or conveyance deed.
However, rules vary across states; certain state governments even offer some concession if the property is being gifted to blood relatives. For instance, in Delhi, the stamp duty in case of property transfer by way of sale or gift deed is the same—4% for men and 6% for women. In West Bengal, the stamp duty for sale or conveyance deed is 5% of the property’s market value in panchayat areas, and 6% of market value in municipal areas. In case of a gift deed, the rate is the same if the property is being gifted to a non-family member. If recipient is a family member, then only 0.5% of the market value of the property has to be paid as stamp duty.


People also ask

What is the stamp duty on a gift deed to blood relations?

Stamp duty: Rs 200 per residential property and Rs 3% for blood relatives. Registration with local authorities is mandatory, along with the submission of valuation certificates and encumbrance certificate. Stamp duty: 5% for family members and non-family.

Is gift deed possible without blood relation?

A gift deed is an agreement that allows a person to transfer their property (movable or fixed) without compensation. This could be a transfer of property to a blood relative or anyone else.

Who are relatives in gift deed?

If the gift is made to someone who is not a relative, as per the Income Tax Act (which includes spouses, siblings, children and linear descendants), then the gift is exempt from tax if it is made in accordance with the Income Tax Act.

What are the rules for property transfer in blood relation in Punjab?

If the property is being transferred to a blood relation, no stamp duty will be charged. If property is exchanged between family members, Rs. 900 in stamp duty is collected, which includes Rs. 300 as mutation fees, Rs. 500 as facilitation charges, and Rs. 100 as pasting fee. 06-Oct-2023

  

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