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Gift Deed

A gift deed is an agreement that is used, when a person wishes to gift his property or money to another person. The property can be both, moveable as well as immovable. The person who transfers the property in gift is known as donor and the person to whom it is transferred is known as donee.

Are you receiving a property in gift and want to avoid future dispute arising out of succession or inheritance claim? You will require a Gift Deed to be executed and registered. Get your Gift Deed professionally drafted and registered by Senior Expert Property Lawyers, and avoid such future disputes arising out of such property.

Contents of Gift Deed

Being a very important legal document, there are certain things that you are required to mention in a Gift Deed. Some of them are –

  • Consideration Clause – It should be clearly mentioned in the Gift Deed that the transfer is being made out of love and affection and there is no exchange of money or any other type of consideration is involved. It is irrelevant how small the consideration is, it would not be considered as a gift.
  • Possession of Property – The property you want to gift, must be in your possession i.e. you must be the titleholder of that immovable property. While making a gift, the property must be in existence, you cannot gift something that you might get in the future.
  • Free Will – The transfer should be free from any type of coercion, undue influence, threat or fear. The gift should clearly state that the transfer is voluntary and that the transferor has a clear intention of doing so.
  • Information about Property – A detailed description of the property is a must. It should clearly specify the structure, address, color, area, location, etc.
  • About Donor and Donee - The relationship between donor and donee is important as to whether they are blood relatives or not. Some state governments also offer a concession on stamp duty if gifts are made to blood relatives.
  • Rights and Liabilities – Under this clause, if any additional rights or liabilities are attached to the gift shall be mentioned. For example, any rights relating to the further sale, or leasing it further.
  • Rights of Donee – A clear mention of Donee rights forms an inseparable part of the Gift Deed. It includes the done rights to enjoy the property peacefully, to make changes to the property, receive rents or any profits that might arise from that property. 
  • Delivery- A delivery clause talks about the action (express or implied) which would confirm the delivery of the possession of the property.
  • Revocation Clause – Though not mandatory, but advisable. It will help in avoiding future complications. It has to be expressly mentioned, not implied. And donor and donee both have to agree on this clause.

Documents required for Gift Deed registrations

After making sure that your Gift Deed is signed, attested by witnesses and you have paid the stamp duty and registration charges as per your state regulations. You need to carry a few other documents like –

  • Original Gift Deed
  • ID Proofs, like Driver License, Passport, etc
  • PAN Card
  • Aadhar Card
  • A document like Sale deed to prove donor title to the Property 
  • Other Agreements which you might have entered into in relation to property

Drafting of Gift Deed

   STEP 1: Draft a deed with the following essentials.

  •  Date and Place where the deed is to be executed
  •  Information about Donor and Donee like Name, Residential Address, Relationship among them, Date of Birth, etc.
  •  Details about the property
  •  Two Witnesses  
  •  Signatures of Donor and Donee along with the witnesses

  STEP 2: Get it printed on the stamp paper of appropriate value depending upon your state

  STEP 3: Get the deed registered at your registrar or sub-registrar office. 

Gift Deed Registration

The Transfer of Property Act requires the Gift Deed to be registered. Gift Deed Registration enhances the legitimacy of transfer of the asset and can be used in case of a conflict. Gift deeds offer legal protection on property transfers. Legal Assure helps with gift deed registration.

Deliverables of Gift Deed Registration
  • Customized Gift Deed draft within 3 business days
  • Registered Gift Deed (original)

Frequently asked questions

A gift deed allows the property owner to gift the property and avoid any future dispute arising out of succession or inheritance claims. In fact, a registered gift deed acts as a strong evidence in the court of law, in case of any challenges to the said property.

Both moveable, as well as immovable properties can be transferred

The most crucial document to get a Gift Deed Registered is the Sale Deed which proves the ownership of the property by the Donor

Any property (movable/immovable) that you have legal ownership over can be gifted.

  • Drafting: Draft the Gift Deed in a effectual and unambiguous manner.
  • Signature: Capture the signatures of both, the donor and the donee.
  • Witnesses: Two witnesses to bear testimony and their signatures at the end of the Gift Deed.
  • Stamp Paper: Print it on stamp paper of a requisite value.
  • Registration: Register the deed before the office of the Sub-Registrar.

A gift deed can only be revoked in case there is such clause under the Gift Deed. On the other hand, a Gift Deed that has been obtained by undue influence, fraud or misrepresentation can always be challenged before the appropriate court of law.
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