Shrishail Gadanchi 18 August 2018
Adv Deepak Joshi +917017821512 (Advocate) 18 August 2018
Dear querist,
Gift Deed needs to go through profiling from a lawyer well-versed in the knowledge of the transfer of properties and contracts, after which you refer to a Stamp Vendor to find which Stamp Paper is suitable for you and the taxes to be paid simultaneously. After all of which you head to the Sub-Registrar Office.
Transfer Of Property Act, 1882, encompasses all that is to be ensured concerning the drafting of a Gift Deed, and The Registration Act, 1908 deals with the rules and legal limitations regarding the registration of all contracts and deeds in its entirety.
Before proceeding to registration, make sure your deed is drafted in accordance with the law, and also the wishes of the Donor and the Donee.
Sign the Deed (both the Donor and the Donee) in the presence of 2 witnesses and take the signed document to the nearest Sub-registrar Office. When saying ‘nearest’, it refers to the Sub-Registrar Office nearest to the immovable property.
Pay the registration charges stipulated and get the deed attested.
Any Gift Deed, immovable, if contested in court will stand as an upholding or supporting evidence only if it is registered.
On the other hand, the transfer of an immovable property under Chapter 17 (a) of The Registration Act, 1908 the Gift Deed instrument is made compulsory.
Also, registration requires the assent of both the parties, i.e., the Donor and the Donee.
Thanks and Regards
Deepak Joshi & Associates
Djaa.legal@gmail.com
Mb/whatsapp +919456777600