West Bengal Stamp Duty

Gift Deed Stamp Duty West Bengal 2026: Family Gifts, Partition Deeds and Registration Costs

A gift of property to a member of the donor's family pays 0.5% stamp duty in West Bengal, against 6% or more for a gift to anyone else, and a partition deed also pays 0.5% on the separated share. The registration fee of about 1% still applies on top, so on a family transfer the fee is usually the larger charge.

A father wants to transfer a flat to his daughter before he sells the rest of his portfolio. A broker tells him it will cost 6%. A cousin says it is 0.5%. Both are describing real rules, and which one applies depends on a single phrase in the stamp duty schedule: "a member of a family".

This guide explains how gift deed and partition deed duty works in West Bengal, who counts as family, what the registration fee does to the final bill, and the tax points that sit beside the stamp duty.

Quick answer (2026): Under Article 33 of Schedule 1A as applied in West Bengal, a gift to a member of a family pays 0.5% of the market value as stamp duty. A gift to anyone else pays the same duty as a conveyance (6% in municipal areas, 5% in panchayat areas, plus 1% additional above ₹1 Crore). A partition deed pays 0.5% of the market value of the separated share or shares. Registration fee: about 1% in each case.

  1. The legal framework
  2. Gift deed duty: family and non-family
  3. Who counts as "family"
  4. Partition deed duty
  5. The registration fee and why it matters
  6. Step-by-step: registering a gift deed online
  7. Worked examples
  8. Tax points: the recipient, the donor and Section 80C
  9. Power of attorney and lease, briefly
  10. Documents checklist and common errors
  11. Frequently asked questions

1. The Legal Framework

Gift deeds and partition deeds are instruments under the Indian Stamp Act, 1899, taxed under Schedule 1A as it applies in West Bengal.

A gift of immovable property that is not registered is not a valid gift, however well it is documented. The duty is therefore part of getting title, not an optional cost.

2. Gift Deed Duty: Family and Non-Family

Recipient Stamp duty Registration fee
Member of the donor's family 0.5% of market value About 1%
Anyone else, municipal or corporation area 6% of market value (7% above ₹1 Crore) About 1%
Anyone else, panchayat area 5% of market value (6% above ₹1 Crore) About 1%

Two points follow.

Also note the 2% rebate and 10% market-value cut that applied to many instruments from October 2021 ended on 30 June 2024. Any guide that still shows reduced non-family rates is out of date.

3. Who Counts as "Family"

The schedule uses the phrase "a member of a family", with a definition set out in an explanation to Article 33. It does not use the phrase "blood relative". The point matters because the two are not the same: a spouse is not a blood relative but is within the family concept, while a cousin is a blood relative who may not be.

What can be said with reasonable confidence:

Because the answer for a borderline relationship turns on the exact wording of the explanation, check it against the current text of Article 33, or ask the Sub-Registrar, before you sign. The consequence of getting it wrong is a deficit duty demand, which can be several lakhs.

4. Partition Deed Duty

A partition is the division of jointly owned property among co-owners, most often within a family. The schedule's rate is 0.5% of the market value of the separated share or shares of the property, plus the registration fee on the same value.

Two features deserve attention.

Mutation after partition is a separate step with the municipality. Some municipalities apply a service charge of 0.1% of the proportionate share of the market value for a partition mutation, so check your municipality's schedule.

5. The Registration Fee and Why It Matters

The registration fee is about 1% of the market value for gift and partition deeds alike. Some sources show 1.1%, and practitioners advising on gifts have quoted a combined cost of 0.5% duty plus 1.1% fee. The e-Assessment slip is final.

The arithmetic produces a counter-intuitive result. On a family gift:

The saving from the family concession is large, but you should plan for the fee, which does not shrink when the duty does.

6. Step-by-Step: Registering a Gift Deed Online

The process runs through wbregistration.gov.in.

Step 1: Draft the deed. It should identify the donor, recipient, relationship, the property and a clear statement of gift and acceptance.

Step 2: Check the market value. Use the portal's land or flat tool. Gift deeds are charged on market value, because there is no sale price.

Step 3: File the e-Requisition. Select the deed type as a gift and enter the relationship accurately. This is what drives the 0.5% rate.

Step 4: Download the e-Assessment slip. It shows the duty and fee and carries the query number and year.

Step 5: Pay through GRIPS. Use net banking, SBI ePay, debit card or UPI. Online payment is compulsory where duty is ₹5 Lakhs or more, and allowed above ₹5,000.

Step 6: Appear at the registry office. Donor, recipient and witnesses attend with originals and ID.

Before you pay: Use the StampDutyCalc.in calculator to compare the family and non-family rates for your property. It shows the cost of choosing the wrong deed type before it becomes a real bill.

7. Worked Examples

Both examples assume a municipal area and a 1% registration fee on the market value.

Example A: ₹45 Lakh flat gifted to a son

Item Gift to son (family) Gift to a non-family person
Value used ₹45,00,000 ₹45,00,000
Stamp duty 0.5% = ₹22,500 6% = ₹2,70,000
Registration fee (1%) ₹45,000 ₹45,000
Total ₹67,500 ₹3,15,000

The family rate saves ₹2,47,500, and the fee is twice the duty.

Example B: ₹1.2 Crore flat gifted to a spouse

Item Gift to spouse (family) Gift to a non-family person
Value used ₹1,20,00,000 ₹1,20,00,000
Stamp duty 0.5% = ₹60,000 7% = ₹8,40,000
Registration fee (1%) ₹1,20,000 ₹1,20,000
Total ₹1,80,000 ₹9,60,000

The saving is ₹7,80,000. At this value the registration fee is twice the stamp duty.

Example C: Partition of a ₹1.2 Crore property

Three siblings inherit a ₹1.2 Crore property. A partition deed separates a share with a market value of ₹40 Lakhs.

Item Amount
Market value of the separated share ₹40,00,000
Stamp duty (0.5%) ₹20,000
Registration fee (1%) ₹40,000
Total ₹60,000

This is illustrative. The total depends on how the registrar counts the separated shares in your deed.

8. Tax Points: The Recipient, the Donor and Section 80C

Stamp duty is only one layer. Three tax points sit beside it.

9. Power of Attorney and Lease, Briefly

10. Documents Checklist and Common Errors

For the registration appointment

Common errors

  1. Choosing the wrong relationship on the e-Requisition, which changes the rate.
  2. Assuming "blood relative" and "member of a family" mean the same thing.
  3. Forgetting that the registration fee is not reduced by the family concession.
  4. Using a gift deed to avoid a sale, or the reverse, without checking the tax consequences.
  5. Leaving a gift unregistered. An unregistered gift of immovable property is not a valid transfer.
  6. Skipping mutation after the gift or partition.
  7. Assuming the 0.5% rate carries over to a transfer where money changes hands, which is a sale in disguise.

11. Frequently Asked Questions

What is the stamp duty on a gift deed in West Bengal?

0.5% of the market value for a gift to a member of the donor's family, and the same duty as a conveyance for any other recipient. A registration fee of about 1% applies in both cases.

Is a gift to a married daughter covered by the family rate?

Practitioners advising on the rule treat a married daughter as within the family for this purpose. Confirm against the text of Article 33 before signing.

What is the stamp duty on a partition deed in West Bengal?

0.5% of the market value of the separated share or shares of the property, plus a registration fee of about 1% on the same value.

Is the registration fee reduced for family gifts?

No. The concession applies to the stamp duty. The fee remains about 1% of the market value, so it is usually larger than the duty on a family gift.

Is a gift deed taxable for the person receiving it?

A gift of immovable property from a relative as defined under income-tax law is generally exempt in the recipient's hands. The tax definition of relative differs from the stamp duty concept of family, so check both.

Does the 2% rebate apply to gift deeds now?

No. The 2% rebate and 10% market-value cut ended on 30 June 2024.


Disclaimer: This article is for general information and is not legal or tax advice. Rates, definitions and fees are set by the Government of West Bengal and can change by notification. Confirm your figures on the official e-Assessment slip or with an advocate or the Registrar's office before executing a deed.

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