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help@vakilkaro.co.inGift-Deed Drafting
If you want to read about what is a gift and the provisions related to it, you can read the full blog by clicking on the link given below. Gift related provisions under the Transfer of Property Act 1882
In this blog, we have discussed how a gift deed is prepared and what information is written.
Gift deed:
Important sections to mention:
No money or force involved:
Make sure you add this idea section to the gift deed. It should be pointed out that there is no exchange of money, and the gift deed is done only out of love and affection and not because of money or coercion.
You must own your Property when you give a gift:
Only the owner can gift the Property. If the Donor is not the owner of the Property (the title holder), you cannot give an asset as a gift to someone else, even in anticipation.
Description of Property:
All the information related to the Property, such as structure, type of Property, address, area, location, etc., should be mentioned in the property gift deed format.
Relationship between Donor and Donee:
If the Donor and the Donor are blood relatives, some state governments may give exemption from stamp duty. Even otherwise, it is essential to establish a relationship between the Donor and the Property to be done in gift deed format.
Mention liabilities:
If the Gift has rights or liabilities attached to it, such as whether the recipient can sell or lease the gifted Property, etc., such clauses should be mentioned in a gift deed.
Delivery Section:
It refers to the express or implied action of distribution of possession of the Property on a gift deed.
Revocation of the Gift:
The Donor can also explicitly state whether they want the Donor's revocation clause of the gift deed to be complied with. This gift deed clause must be agreed upon by both the Donor and the recipient.
GIFT DEED
(Gift deed of immovable Property in consideration of Natural Love)
THIS GIFT DEED is made on the ________ day of _________ month of _______ year 20_____ between Sri/Smt _______________, S/O or W/O_________________________, and aged __________ years, resident at_________________________________________________________________ _________________________________________________________________
(Hereinafter called the DONOR)
Which expression, where the context so admits, shall mean and include their heirs, executors, administrators of the one part.
AND
Sri/Smt _______________, S/O or W/O_________________________, and aged __________ years, resident at________________________________________________
(Hereinafter called the DONEE)
Which expression, where the context so admits, shall mean and include their heirs, executors, administrators of the one part.
Whereas the Donor, the sole and absolute owner of the entire immovable Property mentioned in the Schedule hereto annexed, valued at present, at Rs________/- is desires to dispose of his property by way of Gift, out of the natural love and affection in favor of the Donee who is Donor's daughter's son has lived with the Donor since his Childhood.
This deed of the gift witnesses and agreement with the Donee as follows:
- The Donor, out of natural love and affection and without force or with his force will and in full possession of his body since dose, gives transfer and coneys his entire Property, mentioned in the Schedule hereto, upon the said Donee and profits, advantages, privileges, and appurtenances what covered with the said property, to have and to hold the said property, hereby gifted, unto and to the use of the said Donee forever with all the rights and easements.
- That the Donor now has the exclusive right, full power, and absolute right to give away the said scheduled Property given by Gift in the manner aforesaid.
- The recipient can enter peacefully and quietly at all times. Can also occupy the scheduled Property and enjoy the said designed Property. That pleasure, as he assigns, without interruption, claim, or demand, to the Donor or his heirs, executors, administrators, and any person or persons who claim legally for the Donor or claim by him or in trust.
- All persons legally claiming or claiming any property or interest from the said scheduled Property and premises or any part thereof for the payer or his heirs, executors, administrators, and assigns or any of them and from time to time and after that at the request and cost of Donnie at all times and performs or causes and performs all such further work. Other acts, deeds, things, transfers, and assurances in law, whichever is better and more fully assuring the use of the said scheduled Property and every part thereof by the Donor as his heir, executor, an administrator in the manner aforesaid gives.
In the witness of which the Donor sets and subscribes his Signature and delivers in the presence of the witnesses on the day, month, and year above noted.
(Donor)
I accept the Gift mentioned hereto with pleasure:
(Donee)
Witnesses:
Name: ______________
Father’s name: ______________
Address: ______________
Signature: _____________
Name: ______________
Father’s name: ______________
Address: ______________
Signature: _____________
THE SCHEDULE REFERRED TO ABOVE
___________Plot No.____________ (Name of the place___________ House No. ___________)
Bounded as follows:
On the East: House of ____________
On the West: House of ____________
On the South: House of ____________
On the North: House of ____________
The market value of the property gifted under this deed is Rs. ____________
Stamp duty is paid on the market value as calculated above.
In the witness, the Donor and Donee (through the acceptance of the said Gift) have their respective hands written above on the first day and year.
Signed and delivered by the designated donor ___________ in the presence of.
Signed within the designated in the presence of DONEE Smt. ___________
Documents required for Gift Deed registration
Following is the list of documents (enclosures) required to be produced at the presentation of the paper before the jurisdictional Sub-Registrar.
- An Identical copy of the Gift-deed containing the name and details of Donor and Donee, property Details, and property value in the Gift Deed format.
- Details of the Property and its market value.
- Original document (before title works)
- The title deed shows how the Donor receives the Property.
- Property encumbrance certificate
- The affidavit state that the Registration of this document does not violate the notification issued under Section 22A of the Registration Act, 1908.
- Extract of assessment register of the Property.
- If the Property is agricultural land, there is a No objection certificate from Tahsildar.
Parties should carry the following documents for Registration of Gift Deed:
- Original Gift Deed
- ID Proofs, like Driver's License, Passport, etc.
- PAN Card
- Aadhar Card
- A document like a Sale deed to prove donor title to the Property
To read this article in Hindi- Gift Deed Drafting
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