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Partha Roy   13 January 2016

Sale deed and gift deed

Dear Sir / Madam,

 

I am from West Bengal, I have a question reagrding differences between Sale deed and gift deed. Is there any dispute arrise later after register of gifted property with my uncles and what are the benifits of gift deed instead of sale deed.

 

Regards,

Partha



Learning

 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 January 2016

1.  Gift deed = Deed without monetary consideration
- Must compulsorily be Stamp Duty paid & Registered, to have legal effect.
- CANNOT be revoked or challenged, after a Gift Deed has been "duly" executed.
- Possession of immovable property, MUST have been parted to the Donee (Gift receiver)

 

2.  Sale Deed = Deed made AFTER monetary consideration.
- Must compulsorily be Stamp Duty paid & Registered, to have legal effect.
- CAN be revoked or challenged, depending on various parameters
- Possession of property can be deferred to any time in future


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Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     13 January 2016

1) Both are related to transfer of immovable assets. While the sale deed has money consideration, the Gift deed should not.

 

2) The Sale Deed has edge over the Gift though both are registered, the latter be it to relatives.

 

3) The buyer in Sale Deed can be either relations or third party outsiders, whereas for Gift Deed only to relations and outsiders with more stamp duty as in case of sale.

 

4) Sale Deed attracts more stamp duty whereas Gift Deed less.

 

5) It depends upon the property bequethed whether ancestral or self acquired.

 

kavksatyanarayana (subregistrar/supdt.(retired))     13 January 2016

A Sale Deed comes under Sec.54 of T.P. Act some amount/grain will be paid and possession will be given. it attracts more stamp duty and have legal effect. if unilaterly (seller) cancel it can be challenged. and by both parties (seller and buyer) can only cancel the transaction.


A Gift deed be given to a blood relative without consideration and the donee must accept it. the donor have right to keep life interest over the property.  it attracts less stamp duty and must compulsorily registered and have legal effect.  the Gift be given to outsiders also then it attracts stamp duty like as a Sale and have legal effect.possession  be given in both gifts.


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