In Uttar Pradesh, why giving property to your children or grandchildren is now simpler
The UP Cabinet has given its nod to expanding reduced stamp duty, earlier limited to agricultural and residential properties, to commercial and industrial properties gifted within the family. It will be limited to Rs 5,000.
The Uttar Pradesh Cabinet on Monday approved a proposal to expand stamp duty concessions on gift deeds executed among family members for immovable property.
With this decision, the benefit of reduced stamp duty, which was earlier limited to agricultural and residential properties, will now also be applicable to commercial and industrial properties gifted within the family. The Cabinet gave the go-ahead to the proposal in a meeting chaired by Chief Minister Yogi Adityanath.
Earlier, stamp duty on commercial properties was levied at 7 per cent in urban areas and 5 per cent in rural areas. Under the new provision, irrespective of whether the property is located in a city or a village, stamp duty on gift deeds among family members will be limited to Rs 5,000. Under the provisions of the Indian Stamp Act, 1899, gift deeds in Uttar Pradesh are generally charged stamp duty based on the value of the property, similar to a conveyance deed. In addition, the Registration Act, 1908, mandates compulsory registration of gift deeds for immovable property.
Through a notification issued by the Stamp and Registration Department on August 3, 2023, the state government had earlier decided that when immovable property is gifted to family members, stamp duty would be charged at a concessional rate with a maximum cap of Rs 5,000. This benefit was earlier limited to agricultural and residential properties.
The move is expected to make intra-family property transfers more affordable, transparent, and legally streamlined, an official said.
Stamp and Registration Minister Ravindra Jaiswal said that before 2022, gift deeds among family members attracted much stamp duty at the full circle rate.
The Cabinet also approved further clarification on the definition of “family members” and other provisions mentioned in the earlier notification, for smooth and unambiguous implementation. The revised provisions will come into force with immediate effect from the date of publication of the notification in the official gazette, the government said.
Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution.
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