What is a Deed of gift? Explained: Registration, Stamp Duty, and Documents Required For Gift Deed
Deed of Gift:
A deed of gift is an official document that modifies the ownership and title of property. The property may be immovable (such as land, a plot of land, a flat, etc.) or moveable. In contrast to a sale deed, a gift deed does not include the exchange of money. The donee (the individual receiving the gift) freely transfers ownership to the donor (the one making the gift). A gift deed facilitates the transfer’s clarity and offers official documentation in the event that disputes arise later.
Registration involves a government office like the Sub-registrar’s office. Donors and Donee have to present in front of the Sub Registrar for their Biometrics, and the Advocate will Attest the Photographs of both donor and donee. After the completion of the process, the Sub-Registrar will sign the Gift Deed.
- Gift Deed Registration Charges in Blood Relations in many states of India :
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Deed of Gift Registration Fees: The Registration fee for a gift deed in Uttar Pradesh is 1% of the Property value that has to be gifted. For Example, if The Property value is 10 Lakh, you have to pay 10 thousand rupees for Registration.
Documents Required for Registration:
- Registry Documents (which Gift Deed is to be made)Â
- Aadhar card ( Donor)Â
- Pan Card ( Donee)Â
- Passport size photographs 4 No. ( Both)Â
- 2 Witness (Aadhar Card)Â
- Lease Plan Of PropertyÂ
Registrar Details:
In every district a tehsil or taluka office situated and there is a Registrar office. The Gift Deed must be registered at the Registrar’s office.
The legalities surrounding Gift Deeds are governed by property and registration laws specific to each country or region. In India, for instance, The Property Transfer Act of 1882 and the Registration Act of 1908 are relevant and cover the Gift Deed Formalities.
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Document Required For Deed of Gift in Blood Relation:
- Registry Documents (which Gift Deed is to be made)Â
- Aadhar card ( Donor)Â
- Pan Card ( Donee)Â
- PassPort size photographs 4 No. ( Both)Â
- 2 Witness (Aadhar Card)Â
- Lease Plan Of PropertyÂ
- Gift Deed Rules | Competent Parties: Both the donor and donee must be of eighteen plus age and should be of sound mind to understand the implications of the gift deed. Minors can’t enter into a gift deed because The Transfer of Property Act 1882 does not give Permission to Transfer the property as a gift deed.
- Voluntary Gift: The transfer of ownership must be completely voluntary, without any pressure or coercion.
Income Tax on Gift Deed
In India, generally receiving a gift through a gift deed does not attract income tax for the recipient (donee). There are a few exceptions to this however:
- Gift from Relative Upto Rs. 50,000: Exempt from income tax for the receiver.
- Gift from Relative Exceeding Rs. 50,000: Not taxable.
- Gift from Non-Relative Exceeding Rs. 50,000: Entire amount taxable for the receiver.
- Gift with Conditions: May be considered a deemed sale and attract tax implication
Important Tips:
- It’s advisable to consult a lawyer when creating a Gift Deed to ensure it adheres to legal requirements and avoids future complications.
- They can advise on any tax implications associated with gifting property.
Who is a Donor in the Gift Deed:
- In a gift deed, the donor is the person who is transferring their property as a gift. The donor is the one who is voluntarily transferring ownership to their family in blood relation as a gift.
Who is donee:
- In the gift deed, the donee is the person who is receiving the property as a gift without giving any amount to the registered owner of the said property.
Difference Between Gift Deed Vs Sale Deed:
- In the gift deed the person who is receiving the property. He will not pay any amount to the registered owner of the property.
- In the sale deed, ownership of the property is transferred in favor of from the seller to the buyer. The buyer gives the amount to the seller which is settled by both of them.
Gift Deed Validation:
- The Gift Deed is valid only after being registered in the sub-registrar office, and both parties should agree on its terms and conditions. If any party does not agree to the terms, then the gift deed can not be registered.
- After the registration process is completed, both parties can revoke the gift deed with their consent, and both parties should be present in the sub-registrar’s office for revocation.
Gift deed vs will :
- Will express the ownership of the property after the death of the testator or who has made the will.
- Once the property is registered, its ownership rights get transferred as per the gift deed.
Can a NRI do the Gift Deed:
- If the NRI is the registered owner of the property in India then he can do a gift deed in their blood relation.But in India, When gifting their property through a gift deed, NRI must follow certain guidelines.
Kinds of Properties That Are Giftable:
- Moveable Properties
- Immovable Properties
- Registered Properties
- Land
- An Existing Property
- A Tangible Property
FAQs
Ans: Gift deed Charges are different in every state.
Ans: You have to purchase Rupees five Thousand stamp Paper in Uttar Pradesh.
Ans: Spouse, Brother and sister, Father and son, Mother and son, Grandfather and grandson, Etc.
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