For The Record Property Plus

Particulars of a gift deed

The settlement deed or gift deed is a document executed by the settler of the property in favour of the settlee. Each State has prescribed certain rates for stamp duty, registration, and the settlement deed.

The charges vary in each State in India.



    
 

 

      
 

 

Sl.No

 

 

STATE

 

 

STAMP DUTY CHARGES

 

 

REGISTRATION FEES

 

 

1

 

 

Andhra Pradesh

 

 

2% of Market Value (in favour of family members)

 

 

 

 

 

 

 

 

5% of Market Value (in favour of outsiders)

 

 

1% of Market Value subject to a minimum of Rs.1000 and maximum of Rs.20000/-

 

 

 

 

 

1% of Market Value

 

 

2

 

 

Bihar

 

 

5.7% of Estimated Minimum Value (for females) and 6.3% of Estimated Minimum Value (for males)

 

 

1.9% of Estimated Minimum Value (for females) and 2.1% of Estimated Minimum Value (for males)

 

 

3

 

 

Delhi (UT)

 

 

4% of Circle rates (if donee is women) and 6% of Circle rates (if done is male) 

 

 

 

 

 

1% of Circle rate

 

 

4

 

 

Gujarat

 

 

4.9% of Market Value or Consideration (whichever is higher)

 

 

1% of Market Value or Consideration whichever is higher

 

 

5

 

 

Haryana

 

 

3% of Collector rate (outside MC areas) and 5% of Collector rate (in MC areas)

 

 

0.5% of Collector rate subject to a maximum of Rs.15000/-

 

 

6

 

 

Himachal Pradesh

 

 

4% of Circle rates (if donee is women) and 6% of Circle rates (if done is male) 

 

 

2% of circle rates subject to a maximum of Rs.25000/-

 

 

7

 

 

Jharkhand

 

 

2% on value of the Deed

 

 

2% on value of the Deed

 

 

8

 

 

Karnataka

 

 

Rs.1000/- (if within family member) and 5.6% of Market Value (favouring non family member)

 

 

Rs.500/- (if within family member) and 1% of Market Value (for non family member)

 

 

9

 

 

Kerala

 

 

Rs.1000/- (if within family member) and 5% of Fair Value of land (favouring non family member)

 

 

1% of Fair Value of land

 

 

10

 

 

Madhya Pradesh

 

 

2.5% on Market Value Guideline

 

 

0.8% on Market Value Guideline

 

 

11

 

 

Maharashtra

 

 

5% (Municipal Corporation areas), 4% (Municipal Council and MMRDA areas) and 3% (rural and other areas) – 1% Surcharge for all Properties except those located in Mumbai and Mumbai Suburban District 

 

 

1% of Guideline/Market Value subject to a maximum limit of Rs.30000/-

 

 

12

 

 

Odisha

 

 

5% of Benchmark value rate (ie market rate)

 

 

2% of benchmark value rate (ie market rate)

 

 

13

 

 

Puducherry (UT)

 

 

Rs.5000/-

 

 

0.5% of Guideline value

 

 

14

 

 

Punjab

 

 

NIL (if within family member) and 5% of Collector rate (favouring non family member)

 

 

1% on Collector rate (max Rs.200000/-)

 

 

15

 

 

Rajasthan

 

 

5% (favouring males) on DLC rates (ie market rates)

 

 

4% (for females other than SC/ST/BPL)

 

 

3% (for females - SC/ST/ BPL)

 

 

2.5% (favouring family members viz father, mother, sister, daughter-in-law, son, grandson, grand daughter, brother and husband) 

 

 

1% of DLC rates (favouring wife or daughter) or Rs.1,00,000/- (whichever is less)

 

 

NIL (favouring a widow for Gift of Property executed by her relatives)

 

 

1% on DLC rates                               

16

 

 

Tamil Nadu

 

 

1% of Guideline Value subject to a maximum of Rs.25000/- (favouring family members)

 

 

 

 

 

8% of Guideline Value (favouring non family members)

 

 

1% of Guideline Value subject to a maximum of Rs.4000/- (favouring family members)

 

 

 

 

 

 

 

 

1% of Guideline Value (favouring non family members)                               

17

 

 

Telangana

 

 

3% of Market Value (in favour of family members)

 

 

 

 

 

 

 

 

6% of Market Value (in favour of outsiders)

 

 

0.5% of Market Value subject to a minimum of Rs.1000 and maximum of Rs.20000/-

 

 

 

 

 

0.5% of Market Value

 

 

18

 

 

West Bengal

 

 

0.5% of Market Value (in favour of family members)

 

 

 

 

 

Stamp duty applicable for Sale Deed shall be levied for any Gift Deed executed in favour of outsiders

 

 

Up to Rs.5000/-  Rs.9/-

 

 

Above Rs.5000/- 1.1% of Market Value 



Points to remember:

1. Ensure that the stamp duty prescribed by the State has been paid in the gift settlement deed.

2. Signatures of the settlor must be affixed in the gift settlement deed. Some States, however, also insist upon the settlee to sign as a token of approval.

3. Check whether the original title deed document belonging to the settlor has also been handed over to the settlee. The settlor has to permit the settlee for mutation of his/her name in the revenue records by virtue of the settlement deed.

4. The settlor should have transferred full ownership of the property and check if he/she has retained any life interest over the property.

5. Ensure the description of the property (schedule of property) is in order.

6. Check whether the settlee has accepted the deed of settlement by implication or by his/her actions.

The writer is a Chennai-based advocate and author of ‘Property Registration, Land Records and Building Approval Procedures Followed in Various States in India.’

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Printable version | Feb 23, 2021 3:26:45 PM | https://www.thehindu.com/features/homes-and-gardens/Particulars-of-a-gift-deed/article14516994.ece

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