Gift Deed

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Overview 

A gift deed is a legal document used to transfer ownership of property or assets from one party (the donor) to another (the donee) without any monetary consideration. It is a voluntary act of giving and receiving and is often used for purposes such as estate planning, wealth transfer, or fulfilling familial obligations. A gift deed must be executed with the intention of making an irrevocable gift, meaning the donor relinquishes all rights and interests in the property or asset transferred.

Procedure

The process of executing a gift deed typically involves the following steps:

Intent and Agreement
The donor and donee must agree to the terms of the gift, including the description of the property or asset being gifted, any conditions attached to the gift, and the acceptance of the gift by the donee.
Drafting the Gift Deed
A gift deed must be drafted in accordance with the laws and regulations governing such transactions in the jurisdiction where the property is located. The deed should include details such as the names and addresses of the donor and donee, description of the property or asset, statement of intent to gift, and any conditions or restrictions.
Execution and Signing
The gift deed must be signed by the donor in the presence of at least two witnesses who are not beneficiaries of the gift. Some jurisdictions may require additional formalities, such as notarization or registration of the deed.
Acceptance by the Donee
The donee must accept the gift in writing or through conduct that demonstrates acceptance. Without acceptance, the gift may be deemed incomplete or invalid.
Stamp Duty and Registration
Stamp duty must be paid on the gift deed as per the applicable rates set by the state government. In many jurisdictions, gift deeds also need to be registered with the appropriate authority, such as the Sub-Registrar of Assurances, to make the transfer legally valid and enforceable.
Delivery of Possession
The donor must deliver possession of the gifted property or asset to the donee as per the terms of the gift deed. This could involve physically handing over possession or taking necessary steps to transfer ownership rights.
Retention of Documentation
Both the donor and donee should retain copies of the executed gift deed for their records. These documents serve as evidence of the transfer and may be required for future reference or legal purposes.

Documents Required

The following documents are typically required for executing a gift deed

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