executing gift deed
nikhil kumar
(Querist) 03 August 2011
This query is : Resolved
i need a help of an advocate who can help me out in executing gift deed in my mother name by her father .kindly explain me the whole procedure and advice me where i can go for the same
Advocate Rajkumarlaxman
(Expert) 03 August 2011
which place do u belong to?
what r contents of giftdeed?
a sample of gift deed is as below:
DEED OF GIFT
THIS DEED OF GIFT is made and executed on this 6th day of JANUARY 2009 at BELGAUM
BETWEEN:
SOU. MANDAKINI W/o: VIJAYKUMAR DESAI, Age: 61 years, Occ: Household, R/O: 201, Gourav Apartments, 82, Mangalwar Peth Tilakwadi Belgaum, [hereinafter referred to as the “DONOR”] OF THE FIRST PART.
AND:
SOU. VEENA D/o: VIJAYKUMAR DESAI, now VEENA W/o: KIRAN KARCHI (i.e. the name after marriage) Age: 39 years, Occ; Private Service, R/o: Shiv Durga, 198, Khanapur Road, Tilakwadi, Belgaum, [hereinafter referred to as the “DONEE”] OF THE SECOND PART.
WHEREAS DONEE is the Daughter of the DONOR.
WHEREAS THIS DEED OF GIFT is made in respect of the of the Property bearing plot No. 169 out R S No. 70 part measuring 52ft X 50ft i.e. 2600 Sqft which is a open plot, of SHRI PANT NAGAR, CO-OP, HOUSING SOCIETY LIMITED BALEKUNDRI BUDRUK, BELGAUM, situate at Pant Balekundri, Belgaum, which shall be hereinafter referred to as “THE SAID PLOT” for the sake of brevity and the same is clearly and specifically described as the ‘SCHEDULE PROPERTY’ in this deed.
AND WHEREAS the said plot is of the absolute ownership of the DONOR and the DONOR is in actual, lawful possession and peaceful enjoyment of the said plot without any sort of disturbance or objections from anybody till today.
AND WHEREAS THE DONOR has acquired the absolute ownership rights over the said plot by virtue of the registered Sale Deed bearing No. 2857/84-85 dated 15-11-1984. The said sale deed is executed in favour of the DONOR in respect of the Schedule Property and plot No. 170 out of R S No. 70 by President, Secretary and Member Managing Committee of SHRI PANT NAGAR,CO-OP, HOUSING SOCIETY LIMITED BALEKUNDRI BUDRUK, BELGAUM.
NOW THIS DEED OF GIFT WITNESSETH AS UNDER:-
THAT THE DONOR hereby out of her natural love, affection and desire towards her daughter grant, convey and transfer by way of gift to the DONEE the said property TO HOLD, USE AND ENJOY absolutely and exclusively forever as its owner without any claim or objections etc., from anybody. The DONOR has gifted the said plot/Schedule Property to the DONEE out of her free will, free consent and full knowledge and without any kind of force, compulsion, coercion or undue influence from any body.
On this day the DONEE has accepted the “Schedule Property” as gift from the DONOR and takes the delivery of the possession of the same. Hence hereafter the DONEE shall enjoy the Schedule Property as its absolute and exclusive owner forever in future, without any sort of claims, objections of whatsoever nature in future from any person or persons claiming under or through the DONOR.
Neither the DONOR nor her any other legal heirs or anybody claiming under or through her shall have rights of any nature including the ownership rights either jointly or individually over the Schedule Property at any time in future.
The Schedule Property is the self acquired property of the DONOR.
The DONOR has gifted the Schedule Property to the DONEE forever. That the DONOR does hereby voluntarily out of her free will and consent state, agree and declare that she shall not revoke this deed of gift at any time in future nor shall compel the DONEE to revert it back to her. This deed of gift is irrevocable.
That the DONOR doth hereby covenant with the DONEE that she has got legal right and power and absolute ownership rights over the Schedule Property to grant the same as gift to the DONEE.
As on date of making and registering of this deed, the DONEE has acquired full, absolute and exclusive ownership rights permanently over the Schedule Property /said plot.
Both the DONOR and the DONEE have entered into this deed of gift out of their free will, free consent and full knowledge.
The terms DONOR and DONEE shall mean and include their legal heirs, successors-in-interest, executants, assigns and administrators.
The DONOR has paid all necessary taxes, dues to the Govt. and there are no dues payable to the Govt. or the society from whom the DONOR has purchased the Schedule Property. The DONOR has not raised any loans etc., on the security of Schedule Property and the Schedule Property is free from all kinds of encumbrances, claims lien etc.
The DONEE has every right to pledge, mortgage the Schedule Property with any Bank, Co-op Society etc, and thereby raise loan for any such purposes as required by her.
SCHEDULE PROPERTY
I. All that piece and parcel of the land comprised in the property bearing plot No.169 out of R.S.No.70 part measuring 52 ft in North South direction X 50 ft i.e. 2600 sqft which is a Residential plot of situate at SHRI PANT NAGAR, CO-OP, HOUSING SOCIETY LIMITED BALEKUNDRI BUDRUK, BELGAUM, situate at Pant Balekundri, Belgaum, is bounded to the
EAST : By. Plot No. 168
WEST : By. Plot No. 170
SOUTH : By. Plot No. 155
NORTH : By. Public Road of 30ft
IN WITNESS WHEREOF THE PARTIES hereto have subscribed their respective signatures on the date month and year first abovementioned.
WITNESSES:
1. DONOR
2. DONEE
[The Schedule Property is accepted by me as gift.]
Advocate Rajkumarlaxman
(Expert) 03 August 2011
for execution u tell me which place do u belong to?
what r contents of giftdeed?
nikhil kumar
(Querist) 03 August 2011
in delhi near shahdara
R.Ramachandran
(Expert) 03 August 2011
If you so desire, you can contact us.
nikhil kumar
(Querist) 03 August 2011
sir where i can contact you
Advocate Rajkumarlaxman
(Expert) 03 August 2011
Advocate, New Delhi. Mob: 9868211477
Its Sir R Ramchandran No. Contact and get it done
A V Vishal
(Expert) 03 August 2011
A Gift Deed is a legal document that states how much you received, from whom and when. Any person who is competent to contract can gift his property. The person transferring the property is called the donor and the person accepting the gift is the Donee. A minor cannot be a donor but can be a Donee. If the property is gifted to a minor, on behalf of a minor, a natural guardian can accept a gift containing a condition that the person nominated in the gift deed will act as a manager of the gifted property. The person making the gift and the one receiving must both sign the gift deed.
A gift of immovable property, which is not registered, is bad in law and cannot pass any title to the Donee. A valid gift of property can be made only by a registered instrument. According to section 123 of The Transfer of Property Act, it is invalid if a gift of a property is not registered. Documents should be stamped and registered as required, and attested by two witnesses. There are some conditions to be met to make a gift of property valid as specified by the Transfer of Property Act. Following are the conditions to be met to make a gift of property valid.
A transfer of property must be voluntary and made gratuitously.
It must satisfactorily appear that the donor knew what he was doing and understood the contents of the instrument and its effect.
Documents should be stamped and registered as required, and attested by two witnesses.
A valid gift of property can be made only by a registered instrument.
The Person to whom the property is being transferred (Donee) must accept the property during the lifetime of the donor. If the Donee dies before accepting the gift, the gift becomes void.
A minor cannot be a donor but can be a Donee. If the property is gifted to a minor, on behalf of a minor, a natural guardian can accept a gift.
If the gift is onerous, the obligation cannot be enforced against him while he is a minor. But later, he must either accept the burden or return the gift.
The gift of property must be without any consideration, absolute and unconditional except when made for a specific purpose. If there is any consideration in any shape, there is no gift.
Any person who is competent to contract can gift his property. Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is sound mind and is not disqualified from contracting by any law to which he is subject.
The person offering the gift and the one receiving must both sign the gift deed.
Gift deed procedure
There is no specific procedure to receive a gift. But do accept the gift in writing. You can do this via a gift deed. According to section 123 of The Transfer of Property Act, it is invalid if a gift of immovable property is not registered. Immovable property is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings.
Gift deed of immovable property compulsorily registered and the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. A Gift Deed may be executed to the Blood Relations and Third Parties. However, the Person to whom the property is being transferred (Donee) must accept the property during the lifetime of the donor. If the Donee dies before accepting the gift, the gift becomes void.
Gift deed Documents
Following are the list of documents (enclosures) required to be produced at the time of presentation of the document before the jurisdictional Sub-Registrar.
An Identical copy of the Gift-deed containing name and details of Donor and Donee, property Details and property value in the prescribed format of Gift Deed.
Statement of particulars of property and its market value.
Parent Document (prior to title deeds)
Title Deeds to show how the Donor gets the property.
Encumbrance Certificate of the property
Affidavit which state that Registration of this document does not violate the notification issued under Section 22A of the Registration Act, 1908.
Extract of assessment register of the property.
If the property is an agricultural land, No objection certificate from Tahasildar.
A gift is the transfer of property by one person to another made voluntarily and without consideration. In order to constitute a valid gift, a basic requirement is acceptance. If a document of gift, after its execution or registration in favor of the donee, is handed over to him by the donor, it amounts to a valid acceptance of the gift. The gift must be an existing property. It cannot be a future property.
Section 126 of the Transfer of Property Act provides that a gift may be revoked if some conditions are met. The donor and donee must have agreed that the gift will be suspended or revoked on the happening of a specified event. A gift which was not based on fraud, undue influence, misrepresentation or an onerous one, cannot be cancelled unilaterally. Such a gift deed can be cancelled only by resorting to legal remedy in a court of law.
R.Ramachandran
(Expert) 03 August 2011
Thank you Mr.Rajkumar for your kind referral.
