Response

The value of stamp paper is determined by the value of the gifting property. According to Section 122 of the Transfer of Property Act, 1882, the gift deed must state that the gift is being made willingly and without any payment.

The Maharashtra (Bombay) Stamp Act, 1958, as it applies to the State of Gujarat, governs the stamp duty due in Gujarat. The stamp duty charged on a gift deed is 3 percent to 3.5 percent of the market value of the property being donated, according to Article 28 of Schedule I of the aforementioned Act. A gift deed cannot be executed on a stamp paper of 100, according to the provisions of the aforementioned Act. The papers for which registration is required are listed in Section 17 of the Registration Act of 1908.
According to the terms of the Registration Act, 1908, a gift deed is a legally binding instrument that must be registered with the appropriate Sub Registrar of Assurances in Gujarat. The registration fees that must be paid on a gift deed vary by state. For avoiding stamp duty, a penalty of 200 percent of the amount of the gift deed signed is imposed. As a result, make sure it’s registered.

Reference: Section 122 of the Transfer of Property Act, 1882, Section 17 of the Registration Act, 1908, and Maharashtra (Bombay) Stamp Act, 1958 – – AHG295 – 202100581 – 158 – 184- 2021001532021004313737

LAWAYZ-2023-1025