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Q.

Who Pays Stamp Duty in Gift Deed?

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0 2025-08-28T12:47:41+00:00

A tax levied by the government on legal documents pertaining to property transfers is called stamp duty. The gift deed's authenticity, enforceability, and legal recognition are guaranteed by paying stamp duty. The gift deed has no legal force without stamp duty, which could lead to ownership conflicts in the future. But who pays stamp duty in gift deed? The donor, the one donating the property as a gift, is responsible for paying stamp duty and registration fees.

Who has to Pay Stamp Duty in Gift Deed​?

The donor pays the stamp duty. That's because:

  1. The gift needs to be given without conditions. It could be seen as a monetary exchange and make the gift deed void if the donee (the recipient) makes payment.

  2. In order to maintain the property transfer as a legitimate gift, the donor is legally required to pay these fees. 

After the registration and stamp duty are completed, the donee has legal ownership and the gift deed becomes enforceable.

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