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Mayur Dave (D.O)     11 September 2014

Transfer of immovable property by father to son in his prese

SIR

MY FATHER WANTS TO TRANSFER HIS IMMOVABLE PROPERTY SITUATED IN AHMEDABAD ON MY NAME. I AM ONLY SON. AS PER NEWs PAPER ARTICLE DATED 03/04/13 HE CAN TRANSFER PROPERTY ON MY NAME BY DEPOSITING ONLY RS 100 AS STAMP DUTY. IS IT POSSIBLE?

WHAT IS THE EFFECT ON ME. WEATHER I HAVE TO PAY GIFT TAX OR ANY TAXATION?

CAN I SALE PROPERTY AFTER MAKING TRANSFER DEED?

IS THERE ANY OTHER TAX LAWS CONTRADICT?



Learning

 5 Replies

Arpit lalan (Legal Consultancy/Advocate)     13 September 2014

Mayur Dave,

I have perused your article. I too am Gujarati, so i could read it immediately. Yes as per the article it states that you do not need to effect a f\gift deed. It impliedly states that. however, a lawyer in Gujarat needs to confirm the date of effect of this amendment in stamp.

Arpit lalan (Legal Consultancy/Advocate)     13 September 2014

also, can you email the article to me me after a clear scan since the lower article is not very clear.

email id - arpit_lalan77@yahoo.com

Mayur Dave (D.O)     13 September 2014

Arpit Sir, Thanks a lot for reply. But other two question is steel need to confirm weather I can sale property after deed? What is the situation if I will sale immediately. Can I take benefit of index price rule? If I will invest full amount for purchasing new property it will be suffice for tax treatment. Mayur

Seema (Manager)     25 January 2015

Hello Mayurji,
Can you please send me clear image of the news clipping or more information on :-  seemagym@yahoo.com.

My mother wants to transfer the house to my brother & myself in joint names. If it can be done on Rs 100 stamp paper it will be awesome !

Thanks :),
Seema.

Jatin Mittal (Corporate Lawyer)     18 March 2015

As per the recent judgment of Supreme Court, there will no stamp duty on the gift of properties made in blood relations. It can be made only on a stamp paper of minimal amount. But in case if you want to sale that property, you have to pay capital gain on it. In case you wish to keep the property, no tax has to be paid. For more information write to me at mittaljets@gmail.com. No charges for consultation.


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