Gifting a Flat to Family in Maharashtra: The Rs 200 Stamp Duty Rule, Explained

Gifting a residential flat to your spouse, children or grandchildren in Maharashtra attracts only Rs 200 stamp duty. Who qualifies, registration, and tax points.

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Parents often want to put a flat in a child's name while they're alive, to avoid disputes later. A gift deed is one of the simplest ways to do it in Maharashtra, and for close family the stamp duty is tiny.

What is the stamp duty on a gift deed in Maharashtra?

For a residential or agricultural property gifted to close family, Maharashtra charges a nominal stamp duty of Rs 200 (Housing.com, Ghar.tv). Gifts to anyone outside the qualifying family attract normal stamp duty on the market value.

Which relatives qualify for Rs 200 stamp duty?

Both sources include your spouse, children and grandchildren. Their wider lists differ, for example on siblings and in-laws, so before drafting, check with the Sub-Registrar or your lawyer whether your exact relationship is covered.

Is a gift deed of a flat required to be registered?

Yes. A gift of immovable property must be made by a registered document, signed by the donor and attested, and accepted by the person receiving it. Registration fees are payable at the Sub-Registrar's office in addition to stamp duty.

Who should pay the stamp duty on a gift?

Ghar.tv advises that the donor pays. If the person receiving the flat pays something in return, the transaction can start to look like a sale, and the family concession may be lost.

A gift deed done properly today saves your family years of paperwork tomorrow.

Tax points to check before you gift

Gift tax for the receiver: gifts from a relative are generally not taxable in the receiver's hands.
Rent after a gift to your spouse: under the clubbing rules, rent from a property gifted to a spouse can still be taxed in the giver's hands. Ask your CA.
Future sale: when the receiver sells, capital gains are generally worked out using the original owner's cost and holding period.

The society and BMC side

After registration, apply to the housing society to transfer the share certificate and membership, and update the name on the BMC property tax account. Our guide to BMC property tax covers the account side.

What this means for you

Parents: a gift deed is final. Once accepted and registered, you can't simply take it back, so be sure.
NRI families: an NRI can receive a gift of residential property from a relative. Signing from abroad needs proper attestation; see our NRI property services.
Gift or will? A gift transfers ownership now; a will transfers it later. Our post on nominee vs legal heir explains why nominations alone aren't enough.

Two teal armchairs by a window in a high-rise flat in Mumbai — Planning a family home's future? Talk to our property team.

Frequently asked questions

What is the stamp duty on a gift deed to a son or daughter in Maharashtra?

Rs 200 for a residential or agricultural property gifted to a child, as part of Maharashtra's concession for close family.

Does a gift deed of a flat need to be registered?

Yes. A gift of immovable property must be made by a registered document and accepted by the person receiving it.

Is a gifted flat taxable for the receiver?

Gifts from a relative are generally not taxable for the receiver, but rent and future sale have their own tax rules. Check with your CA.

Related reading

Thinking about gifting a flat in the family? Book a video call or WhatsApp me.

Warmly,
Yanik

General information, not legal or tax advice. Please consult a lawyer and a CA.

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