Procedure For Registration Of Gift Deed

A gift deed, like a sale deed, provides information about the property, the giver, and the donee. The gift deed is unrelated to financial transactions because it merely transfers ownership to the recipient. To enforce a gift deed in court, it must first be registered.

Legal Provisions

Individuals must file gift deeds with the sub-registrar, according to Section 17 of the Registration Act of 1908. instruments of the gift of immovable property” must be registered. Furthermore, under Section 123 of the Transfer of Property Act, a non-registered gift deed is void & any gift that involves an immovable property must be registered to make it of legal value.

Furthermore, the registered gift deed holder is responsible for applying to change the property.  The mutation method is an essential component of the real estate business, promoting the transferability of utility connections to the recipient. To transfer the property, the beneficiary must present a registered gift deed.

Documents required for gift deed registration

Gift Deed Registration occurs at the Registrar’s or Sub-Registrar’s office. To register a Gift Deed, however, significant identity and property documents, including:

• Please provide the original gift deed and ID proof (e.g., Aadhaar Card, Driving Licence).
• PAN Card of both the donor and the recipient
• A sale paperwork or title deed might serve as evidence of the donor’s ownership.
• Passport-size photo
• Witnesses’ identification and addresses

Procedure for Registration of Gift Deed

In India, gift-giving is classified into three categories. To make things easier for you, we will address each component separately.

• Drafting a gift deed: The first step in gifting is to create a gift deed. A lawyer is required since he or she is responsible for creating the gift deed. Typically, the draft includes information about the potential transferee and the item being transferred. It is critical to emphasize that financial transactions should not be carried out via gift deeds.
• Acknowledgement of Property: According to the appropriate legislation, the donee is required to take property from the donor during the donor’s lifetime. If the donee does not accept the property from the giver, the gift deed becomes null and void.
• Registration of gift deeds: Section 123 of the transfer of property statute states that an unregistered gift deed is never recognized as a legitimate document. Two witnesses must testify to the gift-giving method.

Advantages of Registering a Gift Deed

• Deed over a will the following section discusses the advantages of a gift deed over a will.
• A gift deed is completed once the beneficiary and donor agree on the transfer; in contrast, a Will is implemented after the property owner’s death.
• A will allows the owner to take legal action in the event of a disagreement, whereas a Gift Deed registration is not subject to litigation. Legal action can be done by seeking legal advice.
• The transfer of property through a gift deed is not taxed.

Can you revoke a gift deed?

Yes! A gift deed may be revoked or suspended under Section 126 of the Transfer of Property Act of 1882 governs the rescission or cancellation of a gift deed. According to this statute, a gift deed may only be canceled in the following circumstances:

• When a giver and recipient agree that the gift deed must be retracted. The giver cannot remove the gift deed at his or her exclusive discretion. The gift deed that the giver unilaterally cancels is null and void.
• A gift deed, like a contract, can be canceled save for nonpayment or consideration failure.
• A gift deed can be revoked in whole or part.
• The grounds above cannot be used to rescind a gift deed. It should be noted that a deceased donor’s legal heirs can rescind the gift deed on his or her behalf.

A Minor cannot sign a gift deed since he cannot sign a contract. On the other hand, a minor’s guardian may receive presents on the minor’s behalf. Only after turning eighteen will the minor be able to take possession of the property.

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