In Maharashtra, buying property comes with its share of taxes—chief among them are stamp duty and registration charges, governed by the Maharashtra Stamp Act, also known as the Bombay Stamp Act of 1958.
But what if the property isn’t bought? What if it’s gifted? Does stamp duty still apply? And who foots the bill – you or the one gifting it? This quick guide breaks it all down so you’re not left guessing. Let’s dive into everything you need to know about stamp duty on gift deeds in Maharashtra.
What is a Gift Deed?
A gift deed is a legal document used to transfer ownership of property or assets from one person (the donor) to another (the donee) without any monetary exchange. Commonly used among family members, it’s a popular way to gift property, land, or valuables.
To be valid, the gift deed must be signed by both parties, registered with the authorities, and accompanied by applicable stamp duty and registration charges. It ensures the transfer is legally binding and helps prevent future disputes.
What Property Can Be Gifted in Maharashtra?
In Maharashtra, both movable and immovable properties can be gifted, provided they meet certain conditions:
- The property must be legally transferable.
- It should physically exist—future or under-construction properties are not eligible.
- The property must be tangible and identifiable.
Define Donor and Donee
The individual who gives the property is called the donor, while the one receiving it is the donee. The donor must gift the property voluntarily, out of love and affection, and be of sound mind at the time of transfer. For the gift to be legally valid, the donee must accept it during the donor’s lifetime—otherwise, the gift deed becomes invalid.
Stamp Duty and Registration Charges for Gift Deeds in Maharashtra
According to the Maharashtra Stamp Act, the stamp duty for a gift deed in Maharashtra is 3% of the property’s value. However, when the property is gifted within the family, the stamp duty is reduced to Rs 200 for residential or agricultural properties.
Eligible Blood Relatives for Stamp Duty Reduction:
- Spouse
- Brother or sister (or spouse of the individual)
- Brother or sister of the spouse
- Brother or sister of either parent
- Any lineal ascendant or descendant
- Any lineal ascendant or descendant of the spouse
Who Pays the Stamp Duty on a Gift Deed in Maharashtra (2025)?
In Maharashtra, as in the rest of India, the responsibility of paying the stamp duty on a gift deed lies with the donor. Since the transaction is made out of love and without any monetary exchange, the donor is expected to cover the stamp duty.
If the donee pays the stamp duty instead, the transaction may no longer be treated as a gift and could be considered a sale deed, which attracts regular stamp duty without any rebate.
Documents Required for Creating a Gift Deed in Maharashtra
- To register a gift deed, you’ll need the following documents:
- Identity proof of donor and donee (e.g., PAN card, Aadhaar card, driving license)
- Previous sale deed
- Original gift deed
- Passport-sized photographs of both donor and donee
- Witness(es) with valid ID proof
How to Pay Stamp Duty and Register a Gift Deed in Maharashtra
Step 1: Agreement
Both donor and donee must mutually agree to the transfer.
Step 2: Drafting the Deed
A gift deed is prepared with complete details of the donor, donee, and the property. It’s best to have it drafted by a legal expert to ensure all legal aspects are covered.
Step 3: Visit to SRO
The donor, donee, and witness must visit the local Sub-Registrar’s Office (SRO) for document verification and registration.
Step 4: Stamp Duty Payment
You can pay the stamp duty either at the SRO or online through the IGR Maharashtra website. The payment challan must be submitted during registration.
Step 5: Acceptance
The gift is considered legally valid only if the donee accepts it during the donor’s lifetime.
Revised Ready Reckoner Rates on Gift Deed Stamp Duty in Maharashtra
From April 1, 2025, the ready reckoner rate (RRR) in Maharashtra has increased by 4.39% for FY 2025-26. While the RRR forms the basis for calculating stamp duty, this hike does not affect gift deeds executed between blood relatives, where the stamp duty remains a nominal Rs 200.
However, if the gift is made to someone outside the defined circle of blood relations, standard stamp duty applies based on the revised RRR, increasing the overall cost of the transaction.
Gifting property in Maharashtra through a gift deed is a legally recognized and efficient way to transfer ownership, especially within the family. However, it’s important to understand the stamp duty and registration charges involved to avoid any surprises. While gifting to blood relatives comes with significant cost benefits (just ₹200 in stamp duty), transferring property to non-relatives attracts standard charges based on the property’s market value.
By ensuring all legal formalities are fulfilled—such as drafting the deed properly, registering it with the sub-registrar, and paying the correct stamp duty—you can complete the transfer smoothly and securely. Always consider consulting a legal expert to make the process foolproof and compliant with the Maharashtra Stamp Act.
