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kasturi Yogender   20 June 2022

Acceptance of a gift deed or a settlement deed

How can it be proved that the DONEE or a SETTLE has accepted a GIFT DEED or a SETTLEMENT DEED.



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 7 Replies

KUNAL   20 June 2022

In case of a Gift Deed (like any other Conveyance Deed) the Donee must sign all pages of Gift Deed. It must also be registered (if its realty) & in such cases, you can visit the Sub Registrar Office to see Book I (register of immoveable property); the Gift Deed is registered mandatorily. Also in case of Gift Deed (realty) presence of 2 witnesses is must; so testimony of those witnesses is crucial.

In case of Settlement Deed: if it relate to settlement of immoveable property then it must be registered. So all you need to do is to visit the SRO & examine Book I (same process above)

Hope this helps!

For further queries feel free to mail me at:

estateplanner621990@gmail.com

Thanks!

Shashi Dhara   20 June 2022

File petition for encumbrance certificate in SRO.

Advocate Bhartesh goyal (advocate)     20 June 2022

Gift deed and family settlement both documents are required compulsorily registration before sub registrar.In gift deed some essential elements needs to mention in which one of the most ingredient is acceptance of gift deed by donee  without mentioning  this clause  gift deed is invalif in eye of law whereas in family settlement no such condition is required.

kavksatyanarayana (subregistrar/supdt.(retired))     20 June 2022

A gift deed can be executed in anyone's favour and the settlement deed can be executed in favor of any of the family members under Sec.56 of the Hindu Succession Act. Both documents shall be registered under Sec.17 of Registration Act.  The acceptance is automatically worded in the gift deed in general.  But such a clause is not necessary for settlement deeds.

 

KUNAL   20 June 2022

@kavksatyanarayana beg pardon sir; I think you meant Article 58 Indian Stamp Act. there is no Sec. 56 Hindu Succession Act...

kavksatyanarayana (subregistrar/supdt.(retired))     21 June 2022

@Kunal Sir, & Kasturi Yogender,   Yes. please read it under Sec.56 of I.T.Act,1961. 

KUNAL   21 June 2022

@kavksatyanarayana yes in aware that under Proviso (c) to Sec. 56(2)(v) income under a Will or by inheritance is not covered under the Act.

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