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Donating Land to a NGO for making Temple

A person is donating a piece of land through a GIFT DEED to a registered NGO to make a temple on that land . No monetary transaction is involved. The NGO comes u/s 80G. What are the legal implication to be kept in mind during this deal. ALSO, will the NGO pay stamp duty on the said property ?? will that not be waived off in case of a NGO ?

( West Delhi, Delhi )

2 months ago

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A.
Dear Client,
Yes, you can transfer your property to the NGO through a gift deed, provided the constitution of the NGO allows such a gift. The property rights can be transferred to an NGO through a gift deed stating the intention to transfer the property to the NGO, and with the payment of stamp duty and registration fees. Stamp duty is generally not waived for gift deeds in favor of NGOs. Stamp duty is a mandatory fee that is typically calculated based on the property's market value and varies by state and the relationship between the donor and recipient. A gift deed is not legally valid without the payment of stamp duty. The deed must be stamped and registered under the Registration Act to be enforceable under the Law. The gift is treated as taxable income if the market value exceeds ₹50,000 in the hands of the recipient/donee, and the donor is not liable for any taxes when transferring property via a gift deed. If required, consult or hire an Advocate to navigate the issue in the right way.
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