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Our Blogs

Gift Deed Documents in India: A Step-by-Step Guide
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Understanding Stamp Duty on Gift Deed in Blood Relation: A Complete Guide
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Gift From NRIs To Resident Indians: What You Need To Know?
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What are various ways how assets can be passed on to legal heirs?
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Essential Rules for Gifting to NRIs: A Guide for Resident Indians
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Gift or will: Which is a better way to inherit property?
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What can be various scenarios where Gift deed can be put to use for transfer of assets to legal heir by NRI?
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Comparison in terms of Will
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Can a Gift Deed be revoked by the parties ?
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What are the properties that can be Gifted through gift deed in india?
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Comparison in terms of Will

Comparison in terms of Will, Gift, and Relinquishment Deed. 

Comparison in terms of Will Gift Relinquishment Deed
Execution (taking effect) Takes effect upon the death of the testator. Takes effect during the lifetime of the Donor and Donee.
It takes effect during the lifetime of the co-owner towards another co-owner.
Registration Registration is not mandatory but it can be registered Registration is mandatory under section 17 of the Registration Act 1908.
Registration is mandatory under section 17 of the Registration Act, of 1908.
Registration charges Payable Payable Payable
Stamp duty No stamp duty is Payable Stamp duty payable Between close relatives, stamp duty is exempted in many States Stamp duty payable
Consideration A Will is made without any consideration. A Gift deed is made without any consideration.
A relinquishment deed may or may not have an element of consideration.
Tax Implications There are no tax implications on the beneficiary. A Gift received from close relatives or during marriage is exempt from tax liability and in other cases gift with a value exceeding Rs. 50,000/- is taxable at the hands of Donee.
There are no tax benefits for a 'transfer' under relinquishment deed. Therefore, relinquishing a right in property against monetary consideration will attract capital gains for the transferor. Further, tax will be levied only upon the portion of property in which the right is relinquished.
Revocation A Will can only be revoked in accordance with section 70 of the Succession Act. A gift deed cannot be revoked; however, it can be challenged in a court of law on the grounds of fraud or coercion.
A relinquishment deed is irrevocable even if it is without any consideration. It can be only challenged in a court of law on the grounds of fraud or coercion

Also Read: Can a Gift Deed be revoked by the parties ?

 

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