Pravin 04 February 2019

Legal advice

My mother purchased a flat in pune in 1992 of which stamp duty & registration was not done at the time of purchase. In 1996, stamp duty was paid under amnesty scheme, however registration was not done. Now she wants to execute a gift deed in favour of me. Can she execute the gift deed as registration of the said flat is not done? If yes, what will be the stamp duty & registration charges for executing the gift deed? Also, is LBT applicable for executing the gift deed?

Thanks in advance.

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4 Replies

Suhail suhail (LAWYER) 04 February 2019

It appears your mother is not having the valid title to transfer the property .You can make your mother to directly excute the purchase deed in your name. If that is not possible then she must first register the purchase deed and then only then she can transfer in your name either by registerd will deed or gift deed.

Pravin 04 February 2019

Thanks for your prompt reply.

Can you please suggest the procedure for registration of purchase deed. Whether the stamp duty is required to be paid at the current ready recknor rate as we have already paid the stamp duty under amnesty?

Suhail suhail (LAWYER) 04 February 2019

You need to register the deed in sub registrar office,.

Please contact some lawyer, he will guide you. The fee already paid by you as stamp duty or waiver whatever can be confirmed from the sub registrar office