Share transfer by gift deed

10,905 views
Skip to first unread message

CS Rohit Kumar

unread,
Mar 16, 2016, 2:12:14 PM3/16/16
to csmy...@googlegroups.com
Hi,


please share the draft of gift deed and other formalities to be done in this respect.

--

CS Rohit Kumar
Mobile No. 9555156805
                8527046791

CS Sonali Varshney

unread,
Mar 17, 2016, 2:16:14 AM3/17/16
to CSMysore, contact...@gmail.com

GIFT DEED

THIS DEED OF GIFT is made at __________ on this-_____  day of_________ , 2013 BETWEEN:

ABC, an Indian Inhabitant residing at ________________________________, hereinafter called "THE DONOR" of the ONE PART

           AND

 XYZ, an Indian Inhabitant residing at_____________________________________, hereinafter called "THE DONEE" of the OTHER PART.

WHEREAS the Donor is brother of the Donee.

AND WHEREAS the Donor has acquired the Shares (hereinafter referred to as "the said Shares") of the company known as “X Ltd” (hereinafter referred to as the"said company") situated at ……………………………………………………………………………………                                                                                                                                                                                                                             Cont… 2                                                                       

                                                                                                       

...... 2 ……

WHEREAS the Donor is a registered member of the said company holding 00001 fully paid up equity shares of the face value of Rs 10/- (Rupees Ten only) each bearing distinctive numbers and share certificate numbers issued by the said company (hereinafter referred to as the "the said share certificate") as per below details:

Distinctive Numbers (Both Inclusive)

From

 

 

 

 

 

 

 

TOTAL

To

 

 

 

 

 

 

 

No. of Shares

 

 

 

 

 

 

 

 

Certificate Nos.

 

 

 

 

 

 

 

-

WHEREAS the Donor has full right title and interest in the said shares of the said company.

AND WHEREAS the Donor desires to gift his right, title and interest in the said shares of the said company described as above.

NOW THIS DEED OF GIFT WITNESSETH AS FOLLOWS:-

1.      The Donor out of natural love and affection for the Donee, hereby transfers by way of gift his right, title and interest in the said shares described as above.

  1. The Donor desires to make some provision for his said brother the Donee during his lifetime and therefore proposes to make a gift of the said shares and debentures to the Donee.

 

  1. The Donee has accordingly delivered the share certificates and debentures to the Donee and has also delivered to her transfer forms duly signed by the Donee as transferor and by the Donee as transferee to enable the Donee to get name transferred in the records of the Companies concerned.

 

  1. The Donor desires to record the gift by this deed.

 

5.      The Donee accepts the gift and agrees to hold the right title and interest of the Donor in the said shares described as above.

        IN WITNESS WHEREOF the parties hereto (Donor and Donee) have hereunder set and subscribed their respective hands on the day and the year first hereinabove written. 

For and on behalf of Donor                                                    For and on behalf of Donee

(ABC)                                                                                     (XYZ)

 

Witness:-                                                                                 Witness:-

1)___________________                                                       1).____________________  

  2).____________________                                                  2).____________________

Date:

Place: 

CS Rohit Kumar

unread,
Mar 17, 2016, 2:56:36 AM3/17/16
to csmy...@googlegroups.com
would this deal attract any stamp duty?

--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.

CS Sonali Varshney

unread,
Mar 17, 2016, 3:01:26 AM3/17/16
to CSMysore, contact...@gmail.com
Yes, in Uttar Pradesh, i used Rs. 100 Stamp Paper.


On Wednesday, March 16, 2016 at 11:42:14 PM UTC+5:30, CS Rohit Kumar wrote:

Snehal Pahade

unread,
Mar 17, 2016, 3:57:25 AM3/17/16
to csmysore
and in Maharashtra?
and in case of (gift) is on SH 4 required to pay stamp duty?

Regards,
Snehal Pahade
7588196108


--

CS Sonali Varshney

unread,
Mar 17, 2016, 4:16:54 AM3/17/16
to CSMysore, contact...@gmail.com
Yes, you have to pay the share transfer stamp duty on SH 4.


On Wednesday, March 16, 2016 at 11:42:14 PM UTC+5:30, CS Rohit Kumar wrote:

anushaka basu

unread,
Mar 17, 2016, 4:22:26 AM3/17/16
to csmy...@googlegroups.com, contact...@gmail.com
You only pay on the gift deed not on the SH-4.

--

Chandravijay Shah & Co.

unread,
Mar 17, 2016, 4:28:01 AM3/17/16
to csmy...@googlegroups.com

In Maharashtra, Stamp Duty on Transfer of any Movable Asset, including Transfer of Shares, is 3 % of FMV.

 

From: csmy...@googlegroups.com [mailto:csmy...@googlegroups.com] On Behalf Of Snehal Pahade
Sent: 17 March, 2016 1:27 PM
To: csmysore
Subject: Re: [CSMysore] Re: Share transfer by gift deed

 

and in Maharashtra?

and in case of (gift) is on SH 4 required to pay stamp duty?


Regards,
Snehal Pahade
7588196108

 

On Thu, Mar 17, 2016 at 12:31 PM, CS Sonali Varshney <cssonali...@gmail.com> wrote:

Yes, in Uttar Pradesh, i used Rs. 100 Stamp Paper.

On Wednesday, March 16, 2016 at 11:42:14 PM UTC+5:30, CS Rohit Kumar wrote:

Hi,

 

 

please share the draft of gift deed and other formalities to be done in this respect.

 

--


CS Rohit Kumar

Mobile No. 9555156805
                8527046791

--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.

CS Sonali Varshney

unread,
Mar 17, 2016, 4:52:49 AM3/17/16
to CSMysore, contact...@gmail.com

Deed execution:  execute the gift deed on a non-judicial stamp paper of appropriate amount for legal record and to avoid any tax queries in the future.


Share certificates: If the shares are in certificate form, a share transfer deed in Form SH-4, filled and signed by the donor, needs to be executed and registered. The stamp duty is payable at the rate of 25 paise for every Rs 100 of the face value, or the market value of shares prevailing on the date of the document, whichever is higher.


Other views are solicited.


On Wednesday, March 16, 2016 at 11:42:14 PM UTC+5:30, CS Rohit Kumar wrote:

Snehal Pahade

unread,
Mar 17, 2016, 6:18:59 AM3/17/16
to csmysore
Thank Shah Sir n Sonali Madam,
That means in transfer of shares by way of gift require to execute gift deed on non-judicial stamp paper of Rs. 100/- only. and pay stamp duty on SH 4 @.25% of face value, or the market value of shares prevailing on the date of the document, whichever is higher.

or any other way to save stamp duty ?
in my case director wants to transfer of shares of Rs. 2 Cr by way of gift to his daughter and wife means its in blood relation 
so plz suggest which way will be best to save the stamp duty ?
  

Regards,
Snehal Pahade
7588196108


--

neha agrawal

unread,
Mar 17, 2016, 7:12:18 AM3/17/16
to csmy...@googlegroups.com
No other alternative. Stamp duty has to be paid..

Regards,
Neha Agrawal

vijaya kiranmayi

unread,
Aug 1, 2020, 8:42:14 AM8/1/20
to CSMysore
CAN WE TRANSFER SHARES TO FRIENDS. ANY RESTRICTION UNDER COMPANIES ACT, 2013

Regards,
Neha Agrawal


Regards,
Snehal Pahade
7588196108


To unsubscribe from this group and stop receiving emails from it, send an email to csmy...@googlegroups.com.

For more options, visit https://groups.google.com/d/optout.

--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmy...@googlegroups.com.

Ramaswami Mohan

unread,
Aug 1, 2020, 9:49:28 AM8/1/20
to csmysore
Now the stamp duty rate has been reduced with effect from 1st July 2020. It is no more 0.25 but it is 0.015.

So please check 

Regards, 
Mohan

To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/6145fecb-ccac-4b02-8a2c-5b43018e285eo%40googlegroups.com.
Reply all
Reply to author
Forward
0 new messages