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Snoots (n/a)     09 February 2014

Gift deed or relenquishment deed

we have opted  for divorce by mutual consent.

we have 2 flats in our joint names. husband is the first holder and wife is the second name.

Husband has agreed to transfer 1st flat in wife's name and child's name.(the child is a minor, 5 yrs old)

Here wife who is second holder will now be first name  and child will be second holder

what would be the correct process for the same? Gift deed or relinquishment deed?

where would stamp duty be more?

what would be the tax implications for the wife in the above case

 



Learning

 1 Replies

Gaurav Garg (Legal consultant)     06 October 2014

Dear Sir/ Madam,

Gift Deed will be a correct process to do. 

Stamp duty is applicable in both cases as either Gift Deed or Relinquishment Deed.

There will be tax benefits if the Gift Deed is executed as Wife and children are the blood relatives.

There will be no tax implication for your wife if Gift Deed is registered where the property situated.

The Levy of stamp Duty is the state subject matter, please consult with the Deed Writer or the Lawyer.

 

Regards

Gaurav Garg

9971080500


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