Doubt in blood relation
varma
(Querist) 10 November 2011
This query is : Resolved
an immovable property can be transferred with gift deed registeration with less stamp duty compared to sale deed b/w blood relations.The blood relation is as follows
Mother-son,Father-son,B/w brothers & sisters,B/w brother & sister in law & vice versa .I HAVE 1 DOUBT regarding this
1)HOW HUSBAND & WIFE are blood related & how government allowed to make gift registeration of immovable property b/w them because defenitely wife & husband relation is love related with effection each other& bond related with marriage but they are not blood related(Except brother in law&sister in law)
Sailesh Kumar Shah
(Expert) 10 November 2011
what is exact law about blood relation for gift deed.
please attached notification etc., so I could answer.
varma
(Querist) 10 November 2011
i.e in my state,gift registeration for non agriculture land is 3% b/w blood related person & 7% for goft registeration to other person & for sale deed consideration..If this is case hoe government allowed gift registeration of imovable property is for 3% b/w Wife & husband though they are not blood related & only they are love related with effection each other& bond related with marriage(Except brother in law&sister in law).
So in my opinion,gift registeration of an immovable property b/w wife & husband is to be consider as 7%.Is it correct or not
prabhakar singh
(Expert) 12 November 2011
Mr. varma !
It is the state who charges stamp duty then they can notify what duty on which document@
what rate would be payable depending upon which parties.
States are also encouraging that more and more properties be kept in name of ladies for which even on sale deeds there is considerable rebate on duty if the buyer is
a women as against a man buyer.
So we need not bother about these things too much as nothing would change even some one challenges them.Courts shall not scrap these notifications under the banner of equality clause.
Now coming to your particular question ,you interpretation is correct a wife can not come in blood relation of husband.