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Know Stamp Duty Rules for Gifting Property
Mint Mumbai
|August 04, 2025
My brother and I jointly purchased a property 10 years ago. My brother contributed 30% of the price and I contributed the rest.
This can be evidenced only from the money receipt attached to the registered sale deed but not mentioned explicitly in the deed.
Now my brother wants to gift his share of the property to me (out of love and affection). We want to ascertain the Stamp Duty payable on the Gift Deed. If the current market valuation of the property is ₹100 (for example), will the stamp duty be levied on ₹50 (equal share) or on ₹30 (share contributed by him at the time of purchase)?
—Name withheld on request
As per Indian Stamp Act, 1899, read with state-specific laws, most states prescribe stamp duty on a gift deed as calculated based on the share being transferred as per the current market value, not the original contribution ratio unless the shareholding is clearly recorded in the registered sale deed.
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