Gift Deed

Property may be gifted

Gift Deed-

  1. A Hindu may dispose of by gift his separate or self acquired property, subject in certain cases to the claims for maintenance of those he is legally bound to maintain.
  2. A coparcener, may dispose of his coparcernary interest by gift subject to the claims of those who are entitle to be maintain by him.
  3. A father may by gift dispose of the whole of his property, whether ancestral or self acquired, subject the claims of those he is entitle to be maintain by him.
  4. A female may dispose of her stridhana by gift or will, subject in certain cases to the consent of her husband.
  5. A widow may in certain cases by gift dispose of a small portion of the property inherited by her from her husband, but she cannot do so by will.
  6. The owner of an impartible estate may dispose of the estate by gift or will, unless there is a special custom prohibiting alienation or the tenure is of such a nature that it cannot be alienated.

Manner in which, The deed of gift is effected

A gift deed under the above act can only be effect in the following manner.

  • For the purpose of making a gift of immovable property, the transfer must be effected
  • by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
  • For the purpose of making a gift of a movable property, the transfer may be effected
  • by a registered document signed by the donor or by delivery.

The Gift can be revoked

A gift once complete is binding on the donor, and it cannot be revoked by him unless it is obtain by fraud or

undue influence.

A gift

Gift is a relinquishment without consideration of one’s own right in property and the creation of the right of another. A gift is complete only on the other’s acceptance of the gift.

A gift under Hindu law need not be in writing. However, a gift under the law is not valid unless it is accompanied

by delivery of possession of the subject of the gift from the donor to the donee. However where physical possession cannot be deliver, it

is enough to validate a gift, if the donor has done all that he could do to complete the gift, so

as to entitle the donee to obtain possession.

A gift of property is not invalid because the donor reserves the usufruct of the property to himself for life. Where property is gives subject to a condition absolutely restraining the done from alienating it, or it is gives to two or

more persons subject to a condition restraining them from restraining it, the condition is void, but

the gift itself remains good. A gift made with the intent to defeat or defraud creditors is voidable at the option of the creditors

Reference:

https://learn.lawdocs.in/gift-deed/

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Gift Deed

Gift Deed

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List Of Documents Required

Gift Deed

  • Completely filled Form A with signature (Form A of Instruments) Rules, 2007) the Delhi Stamp (Prevention of Under-valuation of Instruments) Rules, 2007]
  • Original Documents with one set of Xerox copies
  • Two Passport Size Photographs on both copies of documents (Seller & Purchaser)
  • Original ID Proof of the concerned Parties (Donor & Donee and two Witness) like Voter card. PAN Passport, Driving License, Aadhar Card and in case of companies, power of attorney/board resolution
  • e-Stamp paper with correct value of Stamp duty
  • e-Registration fee Receipt of Registration fee with undertaking / Affidavit
  • Title document
  • If transaction is for more than Rs. 500000/- self attested copy of PAN Card or Form 60
  • In case of agricultural land NOC is required from concerned LAC through SR Office
  • AADHAAR No. If Available

Recent Updates

Frequent questions, quickly answered.

  • A Hindu may dispose of by gift his separate or self acquired property, subject in certain cases to the claims for maintenance of those he is legally bound to maintain.
  • Coparcener, may dispose of his coparcernary interest by gift subject to the claims of those who are entitled to be maintained by him.
  • A father may by gift dispose of the whole of his property, whether ancestral or self acquired, subject the claims of those he is entitled to be maintained by him.
  • Female may dispose of her stridhana by gift or will, subject in certain cases to the consent of her husband.
  • A widow may in certain cases by gift dispose of a small portion of the property inherited by her from her husband, but she cannot do so by will.
  • The owner of an impartible estate may dispose of the estate by gift or will, unless there is a special custom prohibiting alienation or the tenure is of such a nature that it cannot be alienated.

A gift under the above act can only be effected in the following manner.

  • For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
  • For the purpose of making a gift of a movable property, the transfer may be effected by a registered document signed by the donor or by delivery.

A gift once completed is binding on the donor, and it cannot be revoked by him unless it is obtained by fraud or undue influence.

Define Gift:

Gift is a relinquishment without consideration of one’s own right in property and the creation of the right of another. A gift is completed only on the other’s acceptance of the gift.

 Gift under Hindu law

A gift under Hindu law need not be in writing. However, a gift under the law is not valid unless it is accompanied by delivery of possession of the subject of the gift from the donor to the donee. However where physical possession cannot be delivered, it is enough to validate a gift, if the donor has done all that he could do to complete the gift, so as to entitle the donee to obtain possession.

Property Gift

A gift of property is not invalid because the donor reserves the usufruct of the property to himself for life. Where property is given subject to a condition absolutely restraining the donee from alienating it. Or it is given to two or more persons subject to a condition restraining them from restraining it. The condition is void, but the gift itself remains good. A gift made with the intent to defeat or defraud creditors is voidable at the option of the creditors.