A gift deed, as per Section 122 of the Transfer of Property Act 1822, is a legal instrument through which a person can voluntarily transfer an immovable or a movable property to the other person without any money exchange. In simple words, gift deed is for gifting a property. The person gifting the property is called Donor and the person receiving the gift is called Done.
A gift deed is valid only when it is done out of natural love and affection and with no exchange of money. In addition, as per Section 17 of the Registration Act 1908, if you wish to gift an immovable property, it is compulsory to register your gift deed.
It is crucial to have a lawyer by your side when you create and register a gift deed. Any mistake or omission can make your gift deed invalid. Also, a lawyer will provide guidance regarding the whole process and educate you about revoking the gift deed or what property you can gift, and so on. Gift deed is a legal document, so it is wise to take legal assistance. Online Legal Center can provide you lawyers who are skilled in drafting gift deed. They will help you in registration.
No. A minor cannot sign a contract. Even if he/she does, it is considered void ab initio. So, a minor cannot gift a property. But you can gift a property to a minor. In this case, the minor’s natural or legal guardian will accept the gift on the minor’s behalf. The guardian will be the gift’s caretaker until the minor becomes an adult and then the gift is automatically transferred to the real Donee (the minor who has become an adult).
The world is not so fair. For example, after the Donor’s death, there can be conflict between the siblings and one may try to snatch away the gift or threaten the Donee to transfer the gift or so on. Therefore, it is important to make a legal document such as gift deed and register it so that it becomes legalized and allows legitimate transfer of the property to the Donee. The Donee can claim legal ownership of the property and nobody else can claim that property.
Also, gift deed allows for quick transfer of property from the Donor to the Donee.
A gift deed cannot be revoked under regular circumstances wherein the Donee accepts the gift and the gift deed is valid. However, as per Section 126 of the Transfer of Property Act 1882, a gift deed can be revoked under two circumstances:
The following are the key differences between Will and Gift Deed:
Yes. The procedure stays the same. A lawyer can help you in drafting and registering the gift deed.
Yes. When the value of the gift exceeds Rs. 50,000/-, then it is taxable (for the Donee). However, if you receive a gift from an NRI and the property is outside India, then it is exempt from tax.
A gift deed is invalid, if the Donee does not accept the gift or if the Donee dies before the gift deed is executed.
Also, if the Donee dies after the execution of the gift deed, then the property will go to the Donee’s legal heirs. It will not go back to the Donor, unless mentioned as a condition in the gift deed.
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