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A Gift Deed is a legal document describing voluntary transfer of the property from the donor (owner of the property) to the donee (receiver of the gift) without any exchange of consideration. The donor must be solvent and must not use this tool for tax evasion and for illegal gains.
• It must be well defined existing movable or immovable property. • It must be transferable. • It must be existing today and not be a future property. • It must be tangible.
A Gift Deed can be made I the following circumstances: • At the time of transferring the rights of the property in the form of a gift. • When there is no exchange of money involved. • To provide a legal representation to the gift transferred.
• Relationship details of the donor with the donee. • Rights and authority of the donor. • Description of the property being gifted. • Confirmation clause on the delivery of possession.
Registration of a Gift Deed is done as per the provisions of the Registration Act, 1908. Common steps involved in registration process are: • Valuation of property being gifted by an approved valuation expert. • Payment of Stamp duty and transfer duty. It varies from state to state and for current rates one should visit the official website of the respective State Governments.
I. Pros: • It is executed during the life time of the donor and the transfer happens immediately. • For a Gift Deed to be effective, it has to be registered. Registration renders it less liable to litigation. • One can evade tax while transfer through Gift Deed. II. Cons: • Gift deed is irrevocable post execution. • There occurs an extra cost in the form of Stamp Duty in case of Gift Deeds.