- This topic has 1 reply, 2 voices, and was last updated 1 year, 2 months ago by
.
-
Posts
-
-
II and my brother jointly inherited a house from our father in Uttar Pradesh. My brother passed away in 2023. My brother had made a will giving his share of the house to his wife.
His widowed wife now wishes to gift her share in the house to me.
Can she do so by paying only Rs. 5000 as stamp duty?
I ask because the government order by U.P government dated 3rd August 2023 states that
“Such gift deed, whereby the donor transfers immovable property in favour of family members, such as son, daughter, father, mother, husband, wife, daughter-in-law, real brother (his wife in case of death of real brother), real sister, son-in-law, son/daughter of son/daughter, the maximum stamp duty will be Rs 5,000.”
Now, in the above paragraph, it is written that the donor can gift to his real brother(his wife in case of death of real brother) but vice versa is not mentioned.
So, again the question, can widow sister in law gift to brother in law by paying only Rs. 5000 as stamp duty? Thank you
-
BNAL-
According to the **UP government’s order** dated **3rd August 2023**, stamp duty for such gift deeds, when transferred between family members like parents, children, siblings, and their respective spouses, has a **maximum charge of Rs. 5000**.
The **government order** does say that the **donor** (person giving the property) can transfer the property to a **real brother** (or the **wife of a real brother** in case of his death), and the **stamp duty** will be **Rs. 5000**.
**But, the wording** does not directly mention that a **widow sister-in-law** (your brother’s wife) can gift property to a **brother-in-law** (you, her late husband’s brother) with the same reduced stamp duty.1. The law specifically mentions the **real brother** of the donor, and it adds that the donor’s wife can give property to the **wife of her real brother** (the widow of the real brother). However, it **does not explicitly mention** the reverse situation, where the **widow** (sister-in-law) gifts to her **brother-in-law**.
2. The **lack of mention** of **brother-in-law** in the government order leaves a grey area. While it’s logical to assume that the intent of the order is to reduce stamp duty between close family members, **a widow giving property to her brother-in-law** may not be explicitly covered in the law.
3. To ensure you’re on solid ground, it would be wise to **consult a local property lawyer** or **notary** in Uttar Pradesh. They can confirm if the specific language of the order extends to this situation, or if any local modifications or interpretations apply that would allow you to pay the Rs. 5000 stamp duty.
4. If you are proceeding with the **gift deed**, check with the **sub-registrar office** in your locality for an official clarification. They will guide you based on the **latest legal provisions** and their interpretation of the **government order**.
5. If necessary, the lawyer can help draft the **gift deed** ensuring everything is legally compliant. If any higher stamp duty is required, they can advise on how to handle that.
-
