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No stamp duty on transfer of properties to spouse, kids

In a welcome move by the Maharashtra State Government on the Maharashtra Stamp Duty Act, the state on Wednesday introduced a Bill amending the said act to scrap the stamp duty on transfer of residential or agricultural property to wife, husband, son, daughter, grandson, and grand-daughter. At present, the stamp duty is 5% of the market value of the property. Revenue minister Eknath Khadse, who announced the relief last week, urged the assembly to ensure it is passed by both Houses before the session ends so that citizens do not have to wait for the relief.

Source: TOI dated 09.04.2015

8 thoughts on “No stamp duty on transfer of properties to spouse, kids

  • dear sir,

    Is this law is also applicable, if husband expire without will & nomination and now wife wants to transfer the flat (CIDCO) on her name ?

    • Hi! This law is applicable only when the owner is alive and he wants to transfer his flat to his wife’s name. Then no stamp duty. In the current situation the wife needs to follow the laid down process for transfer of flat in her name as provided for the situation that “No nomination is made”.

  • i have flat in Virar with jointly with my son. Now I want to transfer to my wife. Please explain the procedure for the same. Jigar Parekh

    • Jigar,

      Who is the first named member in the share certificate? If you are the first named member then you may either transfer by making a gift deed or you can make her nominee (note nominee is not the owner they act as trustee of the property) in the property and prepare a registered will.

  • Hi Rajeev,
    above law still existing to transfer flat (jogeshwari) from Husband to wife (Both live) without any duty please response

  • I and my late husband jointly own a 2 bhk flat. We had nominated my son, a minor as a nominee. I am the 1st owner. On 8th of January 2018, my husband expired. I want to sell the house- but the agent says, that I can’t do so. As his share will go to the son. I will have to take permission from the court, which will take about six months.
    Please advice.

    • Dear Susan,

      Your broker is correct in his understanding. Who is the Guardian as per nomination since he is minor. Presuming you are the Guardian, you will have to either wait til he becomes Major or go to court get the probate in your name and then sell it.. decision is your which will take less time.

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