1.What is a gift deed?
A gift deed is a authorized doc or an instrument that permits a particular person to voluntarily transfer any movable or immovable property owned by him to a different particular person with none financial consideration. The one who is giving the gift known as ‘donor’ and the particular person receiving the gift known as ‘donee’. The transfer of property as a gift is ruled by the Transfer of Property Act 1882.
2.Is it necessary to register?
In case of immovable property, it’s necessary for the donee to simply accept the gift in the course of the lifetime of the donor or else the gift can be thought-about invalid. It can be necessary for the property to be registered below Section 122 of the Property Transfer Act 1882 with the sub-registrar whether it is to be thought-about as a gift. As with some other property transfer, it’s going to entail fee of stamp responsibility and registration fee, which can differ throughout completely different states. Besides, the donor must be competent and can’t be a minor.
3.Is there a tax implication?
According to Section 56(2) of the Income Tax Act, if the mixture worth of items obtained throughout a 12 months exceeds Rs.50,000, it is going to be taxed within the arms of the donee below ‘income from other sources’. In case of immovable property, it is going to be taxed if the worth of stamp responsibility exceeds Rs.50,000. It will solely be free from tax whether it is obtained from specified kin; on the event of marriage; as inheritance or through a will; in contemplation of dying of the donor; obtained from a native authority; obtained from any fund, basis, college, instructional establishment, hospital or medical establishment; or obtained from any belief or establishment referred to in Section 10(23C), or whether it is obtained from any belief or establishment registered below Section 12AA or Section 12AB.
4.Details in a gift deed
The gift deed ought to embrace all the small print of the donor, donee, and the property being transferred. It must also carry their signatures and particulars, in addition to signatures of two witnesses who must be current in the course of the transfer of property. It is greatest to get the gift deed drafted by a lawyer and the method of transfer undertaken within the presence of a authorized knowledgeable.
5.Can the gift deed be revoked or cancelled?
Typically, it’s tough to cancel or revoke a gift deed as soon as it has been made. Revocation is feasible provided that a related revocation clause or the circumstances below which it may be cancelled has been talked about and included within the deed. According to Section 126 of the Transfer of the Property Act, a gift deed may be cancelled or revoked provided that there’s a consensus between donor and donee on the revocation of the deed; if the transfer was primarily based solely on the need of the transferer and the recipient was unwilling to simply accept it; or if the gift deed was illegally drafted both through coercion or fraud, or if the grounds on which it was made had been immoral or illegitimate.
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