The legal owner of a property can transfer it to another party with no financial consideration by means of a gift deed. All such deeds have to be signed by the donor, attested by two witnesses and then registered. Charges will be different in each individual condition as stamp duty has to be paid on the value of their property. Usually, such presents are given by a single relative to another, however there’s not any such limitation. But, gifts from family (and marriage presents ) are exempt from taxation.
Gift Deed is a legal document which could be employed to transport movable or immovable property to family, relatives, friends or other people willingly. The record is deemed valid once the move doesn’t find any other value in exchange.
The description of ‘gift’ according to Section 122 of the Transfer of Property Act, 1882 says a move of any present movable or immovable property made voluntarily and with no thought by a donor to the donee. The act also stipulates that the record ought to be registered in accordance with the Indian Registration Act, 1908.

Documents Required to Register the Gift Deed

  1. Details of ID such as PAN, Aadhaar, Driving License of the donor and donee
  2. Original and copy of the property documents
  3. NOC if the property is an agricultural land
  4. An affidavit stating the validity of the deed as regulated by 22A of the Registration Act, 1908
  • This field is for validation purposes and should be left unchanged.

Proprietorship Registration

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FAQ

Can gift deed property be sold?

Yes you may sell it, it’s your property now and you can do whatever you deem fit. A present deed can’t be conditional. … Fundamentally a present deed with conditions isn’t valid in law enforcement. Donor Can’t cancel the enrolled gift deed unilaterally

Can gift deed be challenged in court?

A present deed, or instead any conveyance could be contested in court on the grounds of its legality topic to the regulation of restriction and evidence of its illegality. You can’t prevent anyone from coming to the court .

Is NOC required for gift deed?

Is NOC necessary for present deed. … Father can’t present away even some of ancestral land to anybody. In that situation it Isn’t NOC That’s required however a documented relinquishment deed is required from the Rest of the legal heirs in favor of the individual

Who are eligible for gift deed?

Legally speaking individual who owns the house may make a gift to some other individual. An exception for this rule is that the situation where of donor or donee is a little. Minors aren’t eligible to contract; hence they can’t transfer land for a present. A present deed in the event of donor being a little is legally not legitimate.

Does a gift deed need to be notarized?

Gift produced by means of movable property must be made in postage paper and stamped by the notary or court. Registration of present deed isn’t required in the event of transport of property. The deed must be signed and rather in presence of two witness.

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