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What is a Gift Deed in Property Law and How to Register It?

What is a Gift Deed in Property Law and How to Register It?

Apr 19, 2025 Adv. Mahtab Ali Ansari

A Gift Deed allows a person to voluntarily transfer ownership of property to another person without any exchange of money. It must be executed as per the Transfer of Property Act, 1882.

Key Features of a Gift Deed:

  1. No Consideration Required:

    • A gift must be voluntary and without any monetary exchange.

  2. Legally Binding:

    • Must be registered under Section 17 of the Registration Act, 1908.

    • Must be signed by donor and attested by two witnesses.

  3. Stamp Duty:

    • Varies by state; often discounted for gifts among blood relatives.

  4. Irrevocability:

    • Once executed and registered, a gift deed cannot be revoked unless specific conditions are met.

Tax Implication:

  • Gifts from relatives are exempt under the Income Tax Act.

  • If from a non-relative and value exceeds ?50,000, it is taxable as income.