It is a fact that when buying a property in Maharashtra, one has to pay the different taxes related to it, most important being stamp duty and registration charges. These are governed under the Maharashtra Stamp Act also known as Bombay Stamp Act 1958.
But, what if the property is being gifted to you? Will the property still attract stamp duty and registration charges? If yes, who has to pay this- you or the person who gifts you the property? We attempt to bring answers to these and more queries related to stamp duty on gift deed in Maharashtra. Read this guide to know more.
What property can be gifted in Maharashtra?
- A movable or an immovable property can be gifted.
- The property must be transferable.
- The property should exist and not be a future construction.
- The property should be tangible.
Who is a donor and who is a donee when it comes to gifting property?
Donor: A person who gifts the property is known as the donor and the person who receives the property is known as the donee. A donor should give the gift out of love and affection in his whole senses to the donor.
Donee: A donee should accept the gift within the lifetime of the donor after which the gift deed executed will be invalid.
What is stamp duty on gift deed for Maharashtra?
Stamp duty on gift deed is the tax that is paid before executing the gift deed in which an immovable property is being gifted by one person gifts to another. In India, the stamp duty on gift deed varies from 2-7% depending on the state in which the property is being gifted and to whom the property is being gifted. In case of stamp duty on gift deed, there is difference in charges applicable for blood relatives and other people. In fact, some states give a rebate on stamp duty and only charge registration charges if the property is being gifted to blood relatives. Let us check what is applicable in Maharashtra.
As per the Maharashtra Stamp Act, the stamp duty on gift deed in Maharashtra is 3% of the property’s value. However, in case the property is gifted within the family, the stamp duty is Rs 200 for residential or agricultural properties.
Gift deed Maharashtra: Classified blood relatives for stamp duty rebate
1) Spouse
2) Brother or sister
3) Brother or sister of the spouse
4) Brother or sister of either of the parents
5) Any lineal ascendant or descendant
6) Any lineal ascendant or descendant of the spouse
7) Spouse of the persons referred to in (b) to (f)
Actor Amitabh Bachchan in 2023 executed two gift deeds to gift his Juhu Bungalow Pratika to daughter Shweta Nanda. Since he gifted to his daughter (blood relative), the actor would have paid a stamp duty of Rs 200 on the gift deed.
How to calculate gift deed stamp duty in Maharashtra online?
- Select gift deed on https://igrmahhelpline.gov.in/stamp-duty-calculator.php
- Select from the gift deed stamp duty options below on whom to gift the property.
- Gift deed of agricultural or residential property and is in favour of husband, wife, son, daughter, grandson, granddaughter or wife of deceased son.
- Gift deed to other family member
- Gift deed to other than family members
- Select under what category the gift falls from municipal corporation, municipal council, cantonment or gram panchayat. On the basis of this, you will know the approximate gift deed stamp duty to be paid.
- For example, if you select municipal corporation and choose Mumbai Municipal Corporation, you will have to pay a gift deed stamp duty of Rs 200 for a property worth Rs 10,00,000.
Who pays gift deed stamp duty in Maharashtra 2025?
Irrespective of the state, the stamp duty on gift deed has to be paid by the donor. Since the donor gives it as a gift, it is his responsibility to pay the stamp duty on gift deed. In case the stamp duty is paid by the donee, then it no longer is considered a gift and is understood as a sale deed being executed. In that case, it being a normal transaction, there is no rebate and a stamp duty that is applicable in that location in Maharashtra is levied for the transaction to become successful.
What are the documents required to create gift deed in Maharashtra?
- Identity proof of donor and donee: PAN Card, Aadhaar Card, Driving license etc.
- Sale deed
- Original gift deed
- Passport- size photos of donor, donee
- Witness
How to pay stamp duty and registration charges on gift deed in Maharashtra?
- To start with the donor and the donee should agree to give and receive the property respectively.
- Next, the gift deed will be drafted that will have information about the donor, the donee and details about the property. It is recommended to draft this with the help of a lawyer who will cover all legal points in the document.
- Once done, the donor, donee and the witness have to go to the local SRO where the documents will be registered. Here, the documents will be verified and the payment towards stamp duty and registration will be done. Alternatively you can pay the stamp duty on gift deed online on IGR Maharashtra website and submit the challan to the SRO.
- Once done, the donee accepts the gift. Note that the gift deed executed by the donor is valid only if donee accepts it during the donor’s lifetime.
Impact of revised ready reckoner rate in Maharashtra on gift deed stamp duty
The Maharashtra state government has hiked the ready reckoner rate (RRR) in the state by 4.39% for FY 25-26, effective April 1, 2025. While the RRR is the foundation for calculating stamp duty on property in Maharashtra, this increase won’t affect gift deeds executed for blood relatives. In such cases, the state offers a rebate, and the donor only has to pay Rs 200. However, if the donor gives immovable property as a gift to a person who is not a blood relative, they will have to pay stamp duty like any other property transaction. In this case, the hike in the RRR will impact the stamp duty that the donor pays.
What are the tax implications related to gift deeds in Maharashtra?
The gifts that are received from blood relatives are generally exempt from income tax. Thus, tax on gifts received through gift deed from blood relatives is also exempted from income tax. However, in case a person gets gift that is more than Rs 50,000 from non-blood relatives in a financial year, he may have to pay tax on the total amount received.
What are the benefits of using a Gift Deed?
Mentioned below are benefits of using Gift Deed.
Clarity in legal ownership
This ensures the transfer of property without any consideration paid and shows the intent of the donor.
Shows ownership
This executed gift deed shows the ownership of the property once the property is donated.
Housing.com POV
All immovable properties attract stamp duty and it is the same with gift deed. It is important for a property to be registered in legal records to avoid any kind of dispute and this holds true for gifted property too. In case you are a donee and a donor wants to gift you a property, the legal way is to make the donor execute the gift deed that has to be accepted during the lifetime of the donor. Maharashtra offers a rebate on stamp duty if gifted to family members and one should avail of the facility if looking at executing a gift deed.
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