A gift deed is a legal document that involves the voluntary transfer of property as a gift without the exchange of money from one person to another, according to Section 122 of the Transfer of Property Act. The individual receiving the gift is known as the done, while the owner of the property is known as the donor. Only if the transfer is made from one family member to another without receiving any payment is the deed lawful. To be taken into account as a legitimate transaction, the Gift Deed must be register in accordance with Section 17 of the Registration Act, 1908. The deed contains information about the property, the giver, and the done. A bankrupt donor should not be transferring property.

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Gift Deed Provisions

The Gift Deed includes the information shown below:

Having possession on the grounds

The property you intend to give as a gift should have your name on the title. You can only give away an existing property. A gift deed cannot be use to transfer a future property.

Clause of consideration

Transferring the gift deed needs to be done with compassion and care. There shouldn’t be any money exchange.

Property details

The deed should specify the location, color, area, address, structure, and other details.

Donor and donee information

It is important to describe the connection between the donor and donee. Some state governments give discounts on stamp duty for blood relations.

Free choice

There should be no compulsion involve and the transfer must be voluntary. Under no circumstances can the choice be made under coercion, intimidation, or fear.

Legal obligations

There should be a notice of the donee’s rights. rights to things like collecting rent, modifying the structure, and any building-relate profits

Rights and Obligations

The deed should contain all rights linked to lease, the potential sale of a property, etc.

Clause of revocation

This phrase should be agree upon both the donor and donee. Although it is not require, this provision will assist to prevent more issues.

Transport

This section includes the delivery date for taking ownership of the item.

Information Needed to Register a Gift Deed

A donation deed should contain the following:

• Details on the donor and donee, including their address, names, dates of birth, relationships, etc., should be provide.
• Information about the property, such as its location, size, and cost
• The specifics of when and where the deed shall be carry out
• Donor, donee, and witnesses’ signatures together with two witnesses
• Printing all of these specifics on the proper stamp paper is require.
• The deed must be record with the sub-registrar office to be consider valid.

Documents Needed to Register a Gift Deed

For the registration of a gift deed, a few papers and evidence are require. They are list below.

• Identity documents such as a passport, a driver’s license, and an Aadhaar card are also acceptable.
• The records, such as the sale deed, that attests to the donor’s ownership of the property
• Genuine gift document
• Depending on the state you reside in, you need submit the property valuation certificate.

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Revocation of a Gift Deed

Once the donee accepts the deed and it is legally record, it cannot be withdrawn. It cannot be cancel by the donor on their own. The donor and donee may revoke the deed in accordance with its revocation provision. The revocation provision ought to be valid. If the donor passes away, the heirs may request revocation.

According to Section 126 of the Transfer of Property Act, the donee’s death cancels the deed and gives the donor the right. A gift deed may be cancel in accordance with Section 19 of the Contract Act of 1872 if it is transfer under duress, threat, or any other kind of coercion.

The Effects of Gifting a Property on Taxes

The gift of property is completely tax-exempt if the value is less than Rs 50,000 each year. It is tax if the total value of the gifts receive exceeds Rs 50,000. In the situations list below, tax exemptions are also taken into account.

• Presents from certain family members, such as the spouse, parents,
• Individuals’ association
• In considering the donor’s demise
• A gift may be made via will or inheritance.
• Property obtained from any local governments or institutions, such as those listed under Sections 10 (20), 10 (23C), and Section 12AA, such as medical facilities or educational institutions.

Gift Deed over Will: Advantages and Disadvantages

Advantages

• After the legitimate owner’s passing, the will is still valid. In the event of a gift deed, the transfer occurs right away and while the donor is still alive.
• A registered gift deed is less likely to be the subject of dispute. Since Will is not records, disputes may arise.
• Gift deed transfers of property are tax-free.

Disadvantages

• Multiple revocations of will are possible. But once register, a gift deed cannot be reverse.
• The gift deed stamp duty varies from state to state and is an additional expense. For the registration of a will, a little fee is require, which does not include stamp duty fees.

Conclusion

In conclusion, a gift deed enables individuals to deliberately transfer their movable and immovable property to another party. The deed must be register and all relevant registration and stamp taxes must be paid. When a document is register, it becomes instantly legitimate and does not require a court order to be enforce.

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