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GIFT DEED

WHAT IS A GIFT DEED?

A gift deed is a legal document that represents a transfer of a ‘gift’ from one person to another.


A ‘gift’ is defined as the transfer of certain movable and immovable property made voluntarily and without consideration, by one person (Donor) to another (donee).


A gift deed is valid only if it is given without any consideration in return by one family member to another. Also, it is mandatory to have a registered gift deed.

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TYPES OF PROPERTIES THAT CAN BE GIFTED

A transferable property
A movable or immovable property
A tangible property
An existing property

Documents required for registration

of Gift Deed

  • Copy of a Gift Deed

  • Encumbrance Certificate

  • PAN Card of both the parties for Execution

  • Witnesses at the time of Execution

  • Any other document prescribed by the state government

ESSENTIALS ELEMENTS OF GIFT DEED

01

Transfer of property, willfully, devoid of coercion, fraud or undue influence

04

Should be made directly

to the donee

02

Intention to donate

05

Absence of consideration

03

Type of property to be explicitly mentioned

06

Acceptance by the done during the lifetime

of the Donor

FAQ's

Q

What is a Gift deed?

A

A gift deed is a legal document that describes the transfer of a gift from
Donor to donee with applicable requisites.

Q

Who can gift property?

A

Any legitimate owner of an existing property can gift property. A gift is considered valid
only if it is made voluntarily and without consideration.

Q

Can a gift deed be challenged in court?

A

A gift deed can be challenged in court on the basis of its legality subject to
the law of limitation and proof of its legality.

Q

What if the Donor/Donee is minor?

A

Minors are not eligible to contract, therefore they cannot transfer the property as a gift.
A gift deed in case of Donor being a minor is not valid in the eye of law. In case of donee
being  a minor, his guardian can accept a gift on his behalf. Once the donee has attained
the age of  puberty he may either accept the burden or return the gift.

Q

Stamp duty on gift deed?

A

Stamp duty charges differ with each state, according to the value of the property involved.
For Gift Deed in blood relation there is no relief on Stamp Duty, it should be paid as prescribed. Stamp Duty varies from state to state.
For instance, in Haryana, for women it is 5%, for men it is 7% of the market value of the property.

Q

Are gifts from relatives exempt from tax?

A

Yes, gifts if received from relatives are exempt from taxes. The following are
the relatives who accrue no tax liability:
  • Spouse of the individual (husband or wife)
  • Brother or sister of the individual
  • Brother or sister of the spouse of the individual (brother in law or sister in law)
  • Brother or sister of either of the parents of the individual (aunts and uncles)
  • Any lineal ascendant or descendant of the individual (parents, grandparents, children, grandchildren)
  • Any lineal ascendant or descendant of the spouse of the individual, (eg.father in law, mother in law)
In case of gifting an immovable property eg. land or building, the recipient would
have to pay income tax if the stamp duty value of the property exceeds Rs. 50,000
and if such property is received without adequate consideration.

Q

When is the transaction of a gift completed?

A

The transaction of a gift is said to be completed when the following basic
conditions are met with: 
  • There must be an offer by the Donor
  • The donee must accept the offer
  • Delivery of gift
  • Absence of consideration
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