GIFT DEED FORMAT
This deed of Gift is executed on ________ day of ______________ month of _____________ year by Sri./Smt.__________________________, S/o./ W/o.____________________________, occupation____________________, and aged __________ years, residing at_________________________________________________________________ _________________________________________________________________(herein after called the DONOR)
IN FAVOUR OF
Sri./Smt.__________________________S/o./W/o._________________________, occupation____________________, aged __________ years, residing at_________________________________________________________________ _________________________________________________________________ (Herein referred to as the DONEE)
Whereas, the term Donor and Donee shall mean and include their representative’s heirs, successors, executors, administrators, trustees, legal representatives and assigns.
Whereas, the Donor herein, is the sole and absolute owner of immovable property [DESCRIPTION OF PROPERTY]
Whereas, the Donor is the absolute owner, having acquired the property, by [means of acquiring] and [description about possession] [taxing terms].
Whereas the Donee is related to the Donor as [state relationship].
Whereas the Donor has decided to gift the said property to the donee as gift in consideration of love and affection.
NOW THIS DEED WITNESSETH that the Donor, with love and affection being the consideration hereby gift the property situated at ___________________________together with all the things permanently attached to the property or standing thereon and all the liberties, privileges, easements and advantages appurtenant thereto and all the estates, rights, title, interest, use, inheritance, possession, benefits, claims and demand of the Donor TO HAVE AND TO HOLD the same unto the use of the Donee absolutely but subject to the payment of all taxes, rates, assessments, dues and duties now and here after chargeable thereon to the Government or local authorities.
Whereas the Donor hereby agree with the Donee the following;
(a) The Doner has the absolute ownership in the property.
(b) The Donee is entitled to take the possession of the property and enjoy it.
(c) The Donor and his legal heirs has absolutely transferred every interest in the property and shall allow the peaceful possession of Donee in the said property.
SCHEDULE OF THE PROPERTY
All the piece and parcel of immovable property
Bearing No.____________
Measuring _______________
Bounded by:-
On the East :
On the West :
On the South :
On the North :
Market value of the property gifted under this deed is Rs._____________ (Rupees________________________________ only).
The Stamp duty is paid on the market value as computed above.
IN WITNESS WHEREOF the Donor as well as the Donee (by way of acceptance of the said gift) have put
their respective hands the day and year first herein above written.
WITNESSES:
1. DONOR
2. DONEE
eStartIndia
Giving and receiving a gift is considered as a way of expressing love and it is enjoyed by both the parties. But in order to make a gift of a property valid, the donor of the gift has to create a Gift Deed which should be duly signed by him/her and attested by 2 witnesses. In the case of immovable property, the Gift Deed has to be mandatorily registered so as to transfer the ownership to the donee.
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Why Choose eStartIndia?
This organization comprises of expert legal professionals, who use their expertise will draft your Gift Deed shall cover all the legal requirements and needs of the parties. The experience and the knowledge that our professionals hold can help you in including clauses in your deed that shall effectively describe the relationship between the parties and property as well as avoid confusions or difficulties in the future.
LEGALLY BINDING: Once the Gift Deed is executed and accepted by the donee it becomes legally binding on both the parties.
PROOF OF TITLE: The deed acts as evidence that proves the title of the property gifted.
CONDITIONS
The property must an existing movable or immovable property.
It should be transferable.
It should not be a property that exists in the future.
It has to be tangible property.
1. DRAFTING: The Gift Deed has to be drafted with the help of a legal professional who knows to incorporate every valid detail. The deed must contain information pertaining to who gifts the property to whom, the description of the property, date of transfer, etc.
2. ACCEPTANCE: In case of gifting the process becomes valid only on the acceptance donee. The donee has to accept the gift during the lifetime of the donor else the gift becomes invalid.
3. REGISTRATION: According to Section 123 of Transfer of Property Act states that all deed of gift immovable property must be registered to make the transaction valid.
Package Includes:
(Professional Fees)
Yes, a deed which indents to gift an immovable property must be mandatorily registered as per Section 123 of the Transfer of Property Act.
Transfer of Property Act
It is important to create a deed of the gift due to the following reasons:-