A deed of gift of an immovable property should be registered as provided under the Registration Act, signed by or on behalf of the donor and attested by at least two witnesses. Soundness of mind and majority are the only qualifications required for making a gift. A gift can be made to a child en ventre sa mere and could be accepted on its behalf. Declaration by the donor is the statement which clearly signifies that the donor is willingly making a gift in favor of another person. A transaction of gift in order to be complete must be accepted by the donee during the lifetime of the donor. Pardanashin Lady Free consent means, the consent should not have been obtained by fraud, misrepresentation or undue influence.
The services provided by LegalDesk. A gift can only be of an existing or present property and not of any future property. There is no maximum limit in this case and the whole gift received is considered as tax free. In considering the law of gifts, it is to be remembered that the English word 'gift' is generic and must not be confused with the technical term of Islamic law, hiba. Also, for the recipient to be able to further transfer the property, a registered gift deed will be required. Any oral gift of immovable property cannot be made in view of the provisions of sec. Acceptance- Acceptance may be made expressly or impliedly by conduct, but acceptance would be unnecessary in a case where the gift is made by a guardian to his ward.
To illustrate, say a property was purchased by A on April 1, 1999, for R3 lakh and was gifted to his son, B on October1, 2008. It is actually a transfer of property to some other person without any consideration. We function through a team of efficient in-house lawyers, case managers, and other dedicated technical staff. In case of gift of certain amount by entries in the books of account by credit and debit, the sums should be available on the date of gift in the account of the firm whose accounts are said to be credited or debited. Income from House Property is recognized under Section 22 to Section 27 of the Income Tax Act, 1961. That the said land and premises are free and clear and freely and clearly and absolutely and forever released and discharged or otherwise by the Donor and well and sufficiently saved, kept harmless and Indemnified of and from and against all former and other estate, titles, charges and encumbrances whatsoever, had made, executed, occasioned or suffered by the Donor or by any other person or persons lawfully claiming or to claim by,from, under or in trust for the Donor.
In Mohammedan law majority is to be determined according to Sec. The taxability of the gift is determined on the basis of the aggregate value of gift received during the year and not on the basis of individual gift. There are basically two modes of delivery of possession: Constructive Actual · Constructive Delivery Constructive delivery of possession is a possession in which there is a symbolic transfer of property. Examples of such properties on which gift tax would not be levied are Cars, Laptops, and Mobiles etc. Even where the donee resides with the donor in the property although no physical departure by the donor or formal entry by the donee, is necessary, the gift has to be completed by the donor indicating a clear intention of his part to transfer possession and to divest himself of all control over the subject of the gift. If donee does not accept the gift then, it will become invalid. There is a mutual consensus between the donor and the done that the deed should be revoked.
The implications for renting out a property acquired on gift will be similar to those which are applicable for renting out a purchased property. A gift of immovable property can only be made by a registered instrument. Altamount Road at Mumbai, was once ranked amongst the top 10 most expensive streets of the world. The transfer should be made voluntarily and without consideration. · Bangalore - i Registration Charges are 1% of the market value of the property. Dear Sir, I have one query about gift deed.
Khalilul Rahman Khan, One thing is clear, that by reserving undisturbed his right to be in possession and enjoyment, the donor does not divest himself completely of all dominion over the properties, though in sense, he purports to associate the donees with himself, nor can such associating the donees in the matter of possession and enjoyment with him be deemed to be delivery of such possession, if all, as the properties are susceptible of. Mere delivery of possession without a written instrument cannot confer any title Under the Muslim law, an oral gift is permissible. Factum of acceptance can be established by different circumstances such as donee taking a property or being in possession of deed of gift alone. We require 2 submit noc letter from bldg to registrar. The specific recital in the deed that possession is given raises a presumption of acceptance. Love, affection, spiritual benefit and many other factors may enter in the intention of the donor to make a gift but these financial considerations cannot be called or held to be legal considerations as understood by law. If the donees are minors it may be that the evidence of acceptance will have to be approached with reference to that fact, but that does not mean that no proof of evidence of acceptance is necessary in the case of a gift in favour of minor.
If the gifted property is received from a donor who is a blood relative of the donee, then the property is exempt from tax, even beyond the limit of Rs 50,000. There are a zillion templates on gift deeds available online but do you actually have the one that is specifically customised to suit your needs? However, it is recommended to consult a legal expert to help through the process. Acceptance may be inferred from acts prior to the execution of the deed of gift. Property by gift can even be transferred to a minor, one who is below 18 years of age. A minor may be a donee and the minor's natural guardian can accept the gift on behalf of the minor. Will I be able to construct my building on that plot? There should be absolutely no element of consideration involved. It could be by way of sale, Will or gift.
The property transfer event was just based on the will of the transferor and the recipient was unwilling to accept the asset. The donee must be an ascertainable person and be a donee under this section; nor can a gift be made to an unregistered society. It must be transferable under sec. He should also be the one paying taxes and levies accruing on the scheduled property. It is submitted that the release of a debt is not a gift as it does not involve a transfer of property but is merely a renunciation of a right of action. What will be the solution on it? Love and affection is a sufficient consideration when a gift is contemplated, but it is not considered as a 'valuable' consideration when such is required.
For instance, in Delhi, the stamp duty in case of property transfer by way of sale or gift deed is the same—4% for men and 6% for women. If the Gift is made to more than two or more donees, and if one of them does not accept it , then only the share which is not accepted becomes invalid. The undeniable answer for most is to drag the issue to courts as opposed to settling down. When Acceptance to be made. We, at LegalDesk, understand the problems people face scouring tonnes of sites looking for properly drafted legal deeds and documents. Registration of Gift Deed Section 17 1 a of the Registration Act of 1908 makes it necessary for all instruments of gifts of immovable property to be registered with the sub-registrar of the area where the whole property or a part of it is situated within 4 months from the date of execution.