Neha bajaj (Owner) 17 October 2012
We had a family settlement in 1989. Wherein a property in which my father and 2 uncles had thier names. My uncles signed an gift deed for the property to my father. The same stands in my fathers name now. Do I need to pay stamp duty on the gift deed?
Advocate Rohit (Advocate) 17 October 2012
yes you need to pay stamp duty for registering it. If the gift deed is not registered then it has no legal validity.
Regards,
Advocate Rohit Dalmia
9324538481
Mumbai
Shailesh Kumar Shah (Advocate) 17 October 2012
Stamp duty is require at the time of registration of gift deed.
S Jadhav 98336 98330 (Jadhav & Associates) 17 October 2012
Nehaji,
If the property is already transferred in your father's name there would be no problem. But still as a matter of abundant caution I would suggest that you pay the proper stamp duty as per 1989 rates and ask for pardon of the penalty and interest. The governent has many times in the past come up with amnesty schemes wherein such documents were registered without penalty and interest.
If the property is not transferred to your father's name then it will not be possible to transfer in your father's name unless the gift deed is registered.
S Jadhav
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