Gift deed from son to father of residencial property
19-Mar-2025 (In Family Law)
I need to transfer property ownership in Maharashtra, via gift deed to my father. Is it possible? And what stamp duty and taxation it can attract?
Yes it is possible.
And the stamp duty for the same is as per act 3% of the property value has to be paid.
And a fixed fee is there for specific relations.
This applies for both residential n agricultural properties
Is property is 50 lakhs then 200 stamp duty
And same is gifted to other relative then stamp duty for the same would be 3% of it that is 1.5 lakhs
Yes, it is possible to transfer property ownership in Maharashtra to your father via a Gift Deed. A Gift Deed is a legal document through which the donor (you) voluntarily transfers the ownership of the property to the donee (your father) without any consideration or payment.
In Maharashtra, the transfer of property through a Gift Deed attracts stamp duty, which is calculated as a percentage of the market value of the property. For the transfer of property by gift to a close relative, such as a father, the stamp duty rate is typically 3% of the market value of the property. Additionally, a registration fee of 1% of the market value (subject to a cap) is payable under the Maharashtra Stamp Act, 1958.
In terms of taxation, the transfer of property through a Gift Deed to a close relative is exempt from Income Tax under Section 56(2)(x) of the Income Tax Act, 1961. However, if the property has appreciated in value, the capital gains tax will be applicable at the time of sale by the donee in the future. The period of holding by the donor is considered for determining long-term or short-term capital gains tax.
It is advisable to consult a legal professional to ensure compliance with all formalities during the process.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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