Gift Deed
A gift deed is a legal document used to voluntarily transfer ownership of property, movable (like cash, jewellery, or shares) or immovable (like land or a house), from one person (the donor) to another (the donee) without any exchange of money. According to the Transfer of Property Act, 1882, the gi
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What is a Gift Deed?
A gift deed is a legal document used to voluntarily transfer ownership of property, movable (like cash, jewellery, or shares) or immovable (like land or a house), from one person (the donor) to another (the donee) without any exchange of money. According to the Transfer of Property Act, 1882, the gift must be in writing, signed by the donor, and accepted by the donee during the donor’s lifetime. For it to be legally valid, it must also be registered.
Once registered, the donee becomes the legal owner of the property. While no payment is made, stamp duty and registration charges may still apply depending on the state and type of property. Under Section 56(2)(x) of the Income Tax Act, gifts from close relatives are tax-exempt, but gifts from non-relatives exceeding Rs. 50,000 in a year are taxable as income.
A gift deed is a simple way to legally transfer property without involving money. Here’s why it’s useful:
Note:Gifts from relatives (as per the Income Tax Act) are tax-free, but gifts from non-relatives over Rs. 50,000 in a year are taxable as income.
To make a gift deed legally valid and clear, certain important details must be included in the document:
In India, a gift deed mainly focuses on the free and unconditional transfer of property, done out of love and affection, without taking any money in return. The deed should mention the people involved, property details, and other important terms to avoid legal issues later.
Eligibility Criteria
Entities requiring Gift Deed services
Documents Required
Registration Process
1. Prepare the Documents
Before going to the registrar or sub-registrar’s office, make sure you have all the required documents ready. This includes the gift deed draft, proof of ownership, ID proofs of both donor and donee, and witness details.
2. Pay the Stamp Duty
Stamp duty is a government fee you must pay to register the gift deed. The amount depends on the location of the property, its value, and the rules set by the state government.
3. Visit the Office
The donor, donee, and two witnesses must visit the registrar or sub-registrar’s office in person. The officer will check all documents, confirm the stamp duty has been paid, and make sure the gift deed is signed by everyone.
4. Registration Certificate Issuance
Once everything is verified, the office will officially register the deed and issue a registration certificate. This certificate acts as legal proof that the property has been gifted and the transfer is complete.
Fees & Charges
| Fee Component | Amount |
|---|---|
| Kerala | 1% |
| Tamil Nadu | 1% |
| Gujarat | 1% |
| Uttar Pradesh | 1% |
| Delhi | 1% |
| Rajasthan | 1% |
| Telangana | 1% |
| Maharashtra | 1% |
| West Bengal | 1% |
| Uttarakhand | 1% |
| Punjab | 1% |
| Bihar | 1% |
| Odisha | 1% |
| Jharkhand | 1% |
| Assam | 1% |
| Himachal Pradesh | 1% |
| Madhya Pradesh | 1% |
| Chhattisgarh | 1% |
| Chandigarh | 1% |
| Sikkim | 1% |
| Manipur | 1% |
| Arunachal Pradesh | 1% |
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