Gift of property to sisters daughter
23-Apr-2025 (In Family Law)
My real maasi wants to gift a flat located ingurgaon to me . Will it attract gift tax , stamp duty for transfer (haryana) and if yes what percentage
Hello Sir/Mam
gifts received from relatives, including parents, siblings, and cousins, are exempt from gift tax under the Income Tax Act. you will not be liable to pay any gift tax on the property received from your massi.
Gurgaon is an urban area, the applicable stamp duty will be 5% of the property's value.
Feel free to contact us for further assistance or advice.
Thanks
Regards
Advocate Kuber Hooda
The current stamp duty rates in Haryana vary based on ownership type and location. In urban areas, male buyers are charged 7%, while female buyers pay 5%. In rural areas, the rates are 5% for males and 3% for females. For joint ownership, the stamp duty is 6% in urban regions and 4% in rural areas.
Legal Reply (Haryana – Gift of Flat by Maasi):
Gift Tax:
Under Section 56(2)(x) of the Income Tax Act, a gift of immovable property from a non-relative (like maasi, maternal aunt) is taxable in the hands of the recipient if the stamp duty value exceeds ₹50,000. So you will have to pay income tax on the stamp duty value of the flat as “income from other sources.”
Stamp Duty in Haryana:
Haryana charges 5% stamp duty on the gift deed (for female recipient) plus 1% registration charges. However, no concessional rate is available for gifts from relatives other than defined blood relatives (parents, siblings, spouse, etc.).
Summary of Charges:
Gift Tax (Income Tax): Yes, applicable.
Stamp Duty: 5% of circle/stamp value.
Registration Charges: 1%.
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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