LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

HITESH (ENGINEER)     08 April 2018

Amount (percentage )of stamp duty to be paid for transfer

We have a flat which is jointly  registered in my name and my mothers name the flat is located in Maharashtra (Thane ,Dist). My mother is willing to transfer the said flat in my name, by gift deed and registering it so that I will be the sole owner of the flat. I have the following query:
1) What  amount or percentage is the stamp duty  and registration fees to be paid for the transfer?
2) Since the flat is jointly owned does stamp duty amount reduce by half?
3)What is the correct procedure for such transfer?
4) Do we require to take a NOC from the society for the transfer?
5)Do we have to pay transfer fee to the society?
6) What all documents are required for the transfer?


Learning

 5 Replies

Dr J C Vashista (Advocate)     08 April 2018

1. Stamp duty differ from State to State, it is same as of conveyance deed in Delhi, find out from a local lawyer in your case.

2. Consult a local lawyer for all other questions. 

R.Ramachandran (Advocate)     08 April 2018

Bedore answering your query, you need to prrovide the following details:

1. Did you buy the flat?

2. Under what circumstanes your mother's name got included in the Registered Document?

3. Have you any brothers and sisters?

Kishor Mehta (CEO)     08 April 2018

(1),(2) &(3) Stamp duty @3% is leviable for a gift deed, on 50% of the value of the flat, (4) Society NOC not necessary, (5) Transfer fee need not be paid, (6) consultant a practicing advocate..

HITESH (ENGINEER)     08 April 2018

@ R.Ramachandran sir, 1) Yes i had purchased the flat .Complete amount is paid by me, from my account. 2) I use to be out of India.Since the builder was taking a long time to complete the construction and delaying the work, on my behalf to follow up with the builder during that time did the registration jointly in both our name. 3) Yes i have one younger brother.

R.Ramachandran (Advocate)     08 April 2018

Dont adopt the GIFT Route.  It will involve unnecessary and avoidable stamp duty.

Instead, ask your mother to give a Registered Relinquishment Deed in your favour, clearly mentioning in the said Deed, that the entire cost of the flat was paid by you, and that her name was included by you purely due to your love and regard for her and that she is now willingly, voluntarily relinquishing her interest, share and title in the 50% of the property in your favour.

This will involve very very nominal stamp duty and registration charges.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register