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Gift deed stamp duty
2 years ago
Hello sir my father gifted a house to his sister in 2013 but in gift deed khata number is mention wrong now for rectification my father sister expired last year we approached court for directions to rectified deed in favor of my father's sister son now sub registrar is saying to pay stamp duty as it is not a blood relation does my cousin comes in blood relation or shall we have to pay stamp duty which is heavy
A.Dear Sir,
You may approach in appeal before higher authorities and if not consented for your request then again approach High Court and get a mandatory injunction as per law. The clerical mistake can be corrected at any point of time.
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You may approach in appeal before higher authorities and if not consented for your request then again approach High Court and get a mandatory injunction as per law. The clerical mistake can be corrected at any point of time.
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Sidhaarth
Responded 2 years ago
A.Since gift has already been made way back in 2013 and your father is merely asking for rectification in already gifted property hence no stamp duty is attracted. Registrar is erred in taking the rectification as new gift. Son of sister has merely inherited the already gifted property and rectification is in no way a new gift to son of deceased sister. The demand of registrar is not justified.
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A.Hi,
Yes you have to pay the stamp duty. You have to pay the requisite stamp duty and registration charges as per the laws in force in the State. For general mistakes like spelling mistakes, the stamp duty and registration charges are Rs 100 each. In case the rectification deed relates to the area, the names of the parties or the extent of the property, the stamp duty and registration charges as applicable to the conveyance deed are payable.
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Yes you have to pay the stamp duty. You have to pay the requisite stamp duty and registration charges as per the laws in force in the State. For general mistakes like spelling mistakes, the stamp duty and registration charges are Rs 100 each. In case the rectification deed relates to the area, the names of the parties or the extent of the property, the stamp duty and registration charges as applicable to the conveyance deed are payable.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Yes the Sub Registrar has specified the right thing. Deed of Rectification if done during the lifetime of your father's sister then that can be done by the Registry Office at nominal cost because then it was by and between the same parties but after the death of your father's sister as the Deed of Rectification is not going to be done by and between the same Parties,therefore, Court's Order was required,however, for the purpose of such rectification by and between your father and his sister's son will attract heavy stamp Duty as is applicable as if the Gift has been done by your father in favour of his sister's son.
To receive reduced Stamp Duty in case of Gift of immovable property, certain family members are considered as blood relatives and brother-sister relationship( having same parents) is amongst them but when a person makes Gift in favour of his sister's son then no such reduced Stamp Duty is applicable and in most of the States,it attracts the same Stamp Duty as of Sale.
To receive reduced Stamp Duty in case of Gift of immovable property, certain family members are considered as blood relatives and brother-sister relationship( having same parents) is amongst them but when a person makes Gift in favour of his sister's son then no such reduced Stamp Duty is applicable and in most of the States,it attracts the same Stamp Duty as of Sale.
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