Draft and Register Gift Deed

A gift deed is essentially a legal instrument used for transferring immovable property without any exchange of money. The transfer should be voluntarily carried out while the donor is solvent. Also, a gift deed shouldn't be executed for tax evasion or illegal gains. Registration of the gift deed is mandatory for the transfer to be valid. Also, registration is necessary for transfer in the title of the property which is important for the transfer of all utility connections.

You must get your gift deed drafted and registered the most experienced property lawyers in your locality. The advocate shall help you in getting the deed registered in your locality.

Draft and Register Gift Deed Online
At INR 17999

What You'll Get In The Package

Inclusion

  • 20 minutes introduction call with a lawyer to get acquainted and to discuss the work that is to be done together.
  • Documents Checklist
  • Verification of necessary documents
  • Drafting of the Gift Deed
  • Registrar in the Registrar/Sub-Registrar’s office

Exclusion

  • Any payments to be made such as gift duty or stamp duty
  • Resolution of any disputes over the property that is to be gifted. You may hire the lawyer for any further help with property matters.

Documents required for drafting and registration of Gift Deed

  1. Title deed of the property
  2. Share certificate
  3. Maintenance Bill
  4. Electricity Bill
  5. Allotment Letter
  6. Occupation and Commencement Certificate

Procedure for drafting and registration of Gift Deed

  1. Verification of documents and drafting of gift deed accordingly.
  2. The gift deed document must be signed by the donor.
  3. Attestation of the deed by two witnesses.
  4. Requisite duty to be paid. (Gift duty and Stamp Duty)
  5. Necessary documents to be submitted to the sub-registrar.

 

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FAQs

How to draft and register a gift deed?
A gift deed is the transfer of property voluntarily by the donor or owner without paying any consideration. Registration is necessary for the recognition of the transfer legally. You must take the help of the top property lawyers in your locality in drafting and registration of the gift deed. The deed must essentially contain all legal requisites such as the description of the property, names of the owner and receiver, etc. A good and well-drafted gift deed must contain: 1. Specifics of the immovable property to be gifted 2. Name of the owner and the receiver 3. Transaction date 4. Conditions of transfer (if any) 5. Value of property if necessary
What is the validity of a gift deed made on the deathbed?
For a donatio mortis causa or deathbed gift, the following requirements have to be necessarily met: 1. The gift must be made in contemplation of impending death and not necessarily in expectation of the same, i.e., death within a few days. 2. The gift must be made with the condition that the same becomes absolute only on the death of the donor and if death doesn’t occur, the deed becomes ineffective. 3. There must be a handing over of the gift or the essential indication of its title to the recipient of the gift. In case of property, however, it is much harder for the Court to rule in favour of the house being bequeathed in favour of the receiver due to the requirement of compulsory registration of gift deeds.
Can a gift deed be cancelled?
A gift deed is a permanent legal document. Once a gift deed has been registered, it can no longer be cancelled without the permission in whose favour the deed has been executed, i.e., the person to whom the property is transferred by the deed.
Can ancestral property be transferred by a gift deed?
It has been ruled by the Bombay High Court that none of the co-parceners can gift away ancestral property by means of a gift deed unless s/he is the sole heir to such property. The Court further held that the gift may be made in certain exceptional circumstances such as when the family is faced with certain distress or for some pious purpose. The gift deed will otherwise be considered to be void ab initio.
What property may be gifted under the Hindu law?
A Hindu may give away by way of a gift deed self-acquired property or any other property that separately belongs to him/her. This, however, is subject to claims of maintenance from those who are legally bound to be maintained by him/her. A gift, however, only becomes valid after delivery of possession of the same.
Who is a donor and who is a donee?
The donor in the case of a gift deed execution is the person who executes the gift deed and the donee is the person in whose favour the gift deed is being executed. A gift deed is executed when the donor voluntarily executes a property in favour of the donee without any consideration.
How is the stamp duty calculated on a gift deed?
The stamp duty calculated on a gift deed is dependent upon the state in which the gift deed is being executed. Different states have different rates of stamp duties. Hiring the most experienced top property lawyers in your locality will help you in drafting and registering the gift deed along with the appropriate transfer and gift duty.
Is registration of gift deeds mandatory?
Section 123 of the Transfer of Property Act makes it mandatory for the gift deed to be registered. Delivery of the possession of the property without stamped and registered documents is, hence, bad in law. Legistify provides you with top experienced lawyers who will help you in the drafting and registration of your gift deed at affordable rates.
What are the documents necessary for gifting property?
The documents necessary for gifting property are as follows: 1. Specifics of the immovable property to be gifted 2. Name of the owner and the receiver 3. Transaction date 4. Conditions of transfer (if any) 5. Value of property if necessary
How are immovable property gifts taxed in India?
In India, gift of immovable property is taxed as follows: 1. Where the stamp duty is of a value above Rs. 50,000- stamp duty is taxable 2. Where the stamp duty value exceeds consideration and the value of the stamp duty is above Rs. 50,000- stamp duty value reduced by the value of consideration is taxable