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Gift deed or settlement deed

Querist : Anonymous (Querist) 21 June 2021 This query is : Resolved 
Dear Sirs,

While transferring the rights in a self-acquired property, which one is better whether through a gift deed or through a settlement deed or any other medium, please enlighten on this and the advantages and disadvantages of each,

Thanks
kavksatyanarayana (Expert) 21 June 2021
As per TP Act, 1882 gift is a transfer of certain existing movable or immovable property given voluntarily without any consideration to a donee. "Settlement" means any non-testamentary disposition, in writing, of movable or immovable property whether by way of declaration of trust or otherwise made - (a) in consideration of marriage, (b) for the purpose of distributing the property of the settler among his family or those for whom he desires to provide, or for the purpose of providing for some person dependent on him, or (c) for any religious or charitable purpose as per Sec.2(24) of Indian Stamp Act. In some states of India, the Stamp duty is much reduced if the gift is given to blood relation (father, mother, son/daughter/brother/sister etc.) and also settlements. The gift is better.
Dr J C Vashista (Expert) 22 June 2021
It depends upon case to case as to where and how the titleholder wishes to transfer, however, no straight jacket formula is there to advise which is better and how it should be preferred.
Gift has its own strength whereas settlement is some other connotation where both of them has no comparison/ merits and demerits /correlation to each other.
Your question paper is hypothetical and defective, re-write vis-a-vis your problem / facts of the case.
ashok kumar singh (Expert) 22 June 2021
family settlement deed will much convenient as the stamp duty will less than the gift deed and the Donner or settler rights exists till his / her death and after death the deed of family settlement will be come into picture to have enforce its terms and rights over the property, therefore in my opinion family settlement deed should prefer.
thanks
Shashikant V. Patil (Expert) 22 June 2021
If property is self acquired by the person,he is absolute owner to transfer his property by any way i.e by gift or settlement deeds. In settlement deed, you have to pay stamp duty on market value of your property. However, in a gift deed can be executed for your own family i.e in blood relation i.e son , daughter, brother sister etc .very less stamp duty is chargeable .
SHIRISH PAWAR, 7738990900 (Expert) 22 June 2021
Hello,

As the property is self-acquired you can execute the gift deed if the property is to be transferred to one or some persons. Further gift deed attracts very minimum stamp duty.
Shilesh Patel (Expert) 22 June 2021
In my opinion, according to your limited fact, you should prefer a gift deed due to less stamp duty and the rest it depends on the complete fact.
Dr J C Vashista (Expert) 23 June 2021
Stamp duty is a State subject which differs from a State to another throughout the territories of India.
Delhi stamp act provides same duty for "gift" as that of "conveyance".
Sri Vijayan.A (Expert) 23 June 2021
Settlement is to family members.
Gift is to non family member
T. Kalaiselvan, Advocate (Expert) 24 June 2021
A gift deed means a legal document that describes voluntary transfer of gifts from a donor to a donee without any exchange of money. On the other hand, a settlement deed is a document that formalizes an agreement between relevant parties to settle a dispute.

Gift Deed is executed out of natural love and affection in favour of family members or loved ones whereas a deed of settlement is executed between larger family members or co-sharers to generally settle a dispute and demarcate or partition the assets. It can be prepared for both movable and immovable assets.\

there is no much difference between gift deed and Gift settlement Deed. Gift deed can be given to any person and stamp duty is paid accordingly. whereas Gift Settlement Deed is made in favour of family members /blood relations only and the stamp duty is lesser compare to Gift deed.


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