Gift of property

I have 2 queries related to gift:

1. A sum of money is gifted by mother to son. Is there any minimum value prescribed for stamp duty to be paid while executing the gift deed or else can the gift deed be made on a simple stamp paper of Rs. 100.

2. Property is being gifted by son to mother, is there any stamp duty payable while doing name transfer. What is the best way (inexpensive) to transfer property from son to mother. 

3. If the above two transactions take place at the same time, can they be considered together by IT department and capital gain taxes be levied (considering it to be a sale transaction).

 

Replies (6)
Quick Summary
This discussion addresses queries regarding property gifts, specifically for Maharashtra. It clarifies that a gift of money can be documented on a Rs. 100 stamp paper, and a similar gift deed can be used for transferring property from son to mother. While the IT department generally cannot treat gifts between relatives as sales for capital gains tax, the discussion notes that the Assessing Officer might scrutinise the transaction. Experts suggest a duly stamped and registered conveyance deed is essential for valid property transfer, with a memorandum of family settlement proposed as a potentially inexpensive alternative to avoid registration fees.

1. not prescribed you can do it on 100/- stamp paper
2. same gift deed can be made for this transaction as well
3. IT department cannot consider it as sale, both transaction being documented it cannot assume such. However if it does...still it being gift from relative will be exempt.
1. Stamp paper is State Wise and it's different across STATES. Hope the gift sum is in cheque.

2. Similar gift deed may be made. Again Stamp paper and Registration is STATE dependent

3. You have to support the above with documents.
It seems in the veil of gift, transfer has been made. however it depends upon the AO to accept or reject. in my opinion, it'll tantamount to transfer and capital gains tax will arise

It is for the state of maharashtra. Now pls let us know, how much stamp duty, we may have to pay..

Would request experts to revert on stamp duty payable..................................Thanks

As per the transfer of property act , ownership in immovable property can be transfered effectively through a duly stamped and registered conveyance deed other wise it won't be a valid transfer.
It can be either be a gift deed or a relinquishment deed or a sale deed ( for which payment of sale consideration is required to be shown )
The only way to avoid payment of stamp duty on registration of a deed is to make a" memorandum of record" of a family settlement between mother and son ( if a family settlement that has orally taken place at an earlier point in time and it then later recorded into writing is termed a memorandum of record of family settlement ) .
Show the share of the son to have been transfered to the mother in the " memorandum " and obtain a decree of declaration on the basis of the memorandum . Such a decree will create ownership of mother on the share of son and does not require to be registered .

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 26 August 2026
CA Article Assistant/CA Drop Out/Accounts Executive

PARV & Co.

New Delhi

CA Inter

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
Featured 11 September 2026
Audit Executive

RBSM Corporate Advisors Private Limited

Pune

CA

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
19 August 2026
PAID ARTCILE ASSISTANT

My Legal Tax Consultants Pvt. Ltd.

Noida

CA Inter

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details
Company
19 August 2026
Chartered Accountant - Financial Consolidation & Reporting

Synergy Keystone

Mumbai

CA

View Details