Can my wodowed younger sister gift her flat to me
RAMA BALAN
(Querist) 29 April 2015
This query is : Resolved
Hy, am a bit confused about the stamp duty about gifted property. I have been taying in my youger sister's flat for last 10 yrs and have been paying all the dues. She wishes to get the flat to me. Please advise me as to whether I have to pay stamp duty if she makes a gift deed gifting me the property. Am given varying opinions. 1. Only an older sister can gift a property to a younger person(she is my younger sister). Do you have any lawyer partners in Bombay
Dr J C Vashista
(Expert) 30 April 2015
1. There is no ambiguity regarding the status of donor, she can gift it to you despite the fact she is younger to you.
2. What do you mean by your statement, "..have been paying all the dues.."???
3. Regarding payment of stamp duty either of you may pay, it is a gift by sister to brother.
4. Consult and engage a local lawyer for professional service, advise and proper guidance.
P. Venu
(Expert) 30 April 2015
Rate of stamp duty varies from State to State; in some States it is a nominal amount for gift deeds.
Devajyoti Barman
(Expert) 30 April 2015
any person can gift his property to any one he/she chooses. If the donee is a family member then the the stamp duty is nominal. In WB it is 0.5% only.
Rajendra K Goyal
(Expert) 30 April 2015
Please confirm from the registrar office or from a local lawyer regarding stamp duty chargeable as it varies from state to state.
You or your sister can pay the same.
Your younger sister can gift property to you.
RAMA BALAN
(Querist) 01 May 2015
Dear Mr.vashista, To clarify my statement that am paying all the dues Whenever the society ask for funds for water projects and maintainence chagesetc, though they issue the bill on my sister's name, I have been diligently paying them. DR.balan
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
Well advised by experts, you can clarify from the registrar's office about the stamp duty applicability.
SAINATH DEVALLA
(Expert) 06 May 2015
He is not clear about his query, I feel there is something more than just the gift of the flat.Widowed younger sister dispensing with her property,instead of retaining it for her future,logically not true.
