Transfer Property from Parent to Children

Transfer of Property from Parent to Son

• It usually involves transfer by way of Memorandum of Transfer ("MOT") (property with title) or Deed of Assignment (for property under Master title).

• The stamp duty involves is RM10 (fixed rate) as the government pass the Stamp Duty Exemption Order [PUA 178/2023].

• The transfer can only be from Father/Mother to their children, and vice versa, and not among siblings

• Transfer among sibling will attracts normal stamp duty scale rate

#Case Study 01 - Parent to Children

• Transfer of property from parent (father/mother) to daughter

• the transfer was done via MOT, and we have provided to the Stamp Office the birth certificate, identification cards of the parent and the children

#Case Study 02 - Niece to Aunty

• Transfer of property from niece to the aunty.

• This transfer involves full stamp duty as the exemption stamp duty does not apply.

• Further, this case consists of another registered owner who passed away, and had applied for a Small Estate Distribution Order before the Klang Land Office.

#Case Study 03 - Wife to Husband

• this case was related to the wife who is undergoing cancer treatment, and she may not be able to live long. 

• She decided to transfer her half shares to her husband while she is alive.

• The transfer stamp duty was assessed at RM10.

• Note: stamp duty for the transfer of property by way of probate only costs RM10 as well.

• In this situation, she can decide either to transfer while she is alive or after she passed away. 

• The latter requires a will, and an executor to apply to the court for a Court Order (Grant of Probate).

#Case Study 04 - Transfer from Permanent "PR" Citizen to their Children

• This transfer requires a deed of gift to transfer

• the law recognises that PR Citizen can also transfer property to their children (who must be a Malaysian)

• Stamp Duty MOT fixed at RM10.

• If the Children is not a Malaysian, then full stamp duty scale fee applies.

#Legal Fee & Stamp Duty Calculator

If you are not sure on the stamp duty, kindly whatsapp or email us at [email protected].

Alternatively, you may access this page link to have an estimate calculation figure for the stamp duty on the MOT and also the legal fees.