Gift Deed

A Gift Deed is a document through which a person or persons (i.e. a donor) can transfer its property to another person or persons (i.e. donee) by way of the gift without payment of any money or other consideration.

1

Drafting

Our NRI expert lawyers will thoroughly understand the situation & property details, post which lawyer drafts a Gift Deed in favour of Donee of the property, keeing in mind major components of Gift Deed.

Schedule a paid call of 30 mins with our consultant
shift-line-oposite
2

Review

India for NRI offers a review service where our expert lawyers will carefully examine the Gift Deed and provide their observations, if any.

Schedule a paid call of 30 mins with our consultant
shift-line
  • Draft Power of Attorney (POA)
  • The POA is then apostilled in your country
  • Send the POA by post to India
  • The POA is registered with the SDM office
  • Once this entire process is complete, register your Gift Deed with the Sub-Registrar.
3

Registration

Registration Act of 1908 mandates the registration of a Gift Deed, after payment of stamp duty as applicable.

Schedule a paid call of 30 mins with our consultant

Design Your Package

Gift Deed

Price

Drafting
$60
Review
$50
Registration
$250

Total Value

Base Price :$0

Total Amount :$0

Power of Attorney

Price

Drafting of POA
$60
Notarisation & Attestation
$200
Registration of POA
$200

Total Value

Base Price :$0

Total Amount :$0

Documents Required

Proof of ownership

2 Witness for signing the deed

Doner and Donee details

Photograph of both parties

ID proof

PAN card of both the parties for the execution of Gift Deed

Complete description of the property in question

Details of consideration (if any)

Two witnesses at the time of execution of Relinquishment Deed

Stamp duty payment challan

Original Gift Deed

Identity Proof

PAN Card

Proof of ownership

passport size Photograph

ID proof of witness

Submit Your Query

big half circle

Frequently Asked Questions

  • The following things are not allowed in a Gift Deed:-
  • Consideration: the Gift Deed cannot be based on any form of consideration including cash or materials.
  • Coercion: the Gift Deed cannot be based on any force, undue influence or fraud.
  • Future properties: future properties cannot be gifted under a Gift Deed.

A Gift Deed is typically executed as a one-time transfer and does not have a duration. Once the Gift Deed is executed and registered, it cannot be revoked or cancelled unless there is some illegality involved.

Yes, the Gift Deed involving immovable property must be registered with the local sub-registrar where the property is located.

Yes, the Gift Deed must have at least two witnesses above the age of 18 years to register it. It is recommended to have two witnesses to support the document in case of any legal disputes in the future.

  • A Gift Deed must contain the following clauses:-
  • Parties Involved: Names and Details of the donor and donee.
  • Consideration: the Gift Deed cannot be based on any form of consideration including cash or materials.
  • Description of Property/Assets: Detailed description of the property or assets being gifted.
  • Declaration of Gift: Statement by the donor declaring the intention to gift the property or assets.
  • Acceptance by Donee: A statement by Donee accepting the gift.
  • Rights and Obligations: Rights and obligations of each party after entering into the Gift Deed.

Yes, under certain circumstances the Gift Deed can be terminated including when the gift was not made voluntarily or using some force or coercion. Any other condition which makes a contract invalid also applies to a Gift Deed.

At present NRIs and OCIs are governed by provisions of Foreign Exchange Management Act (FEMA) 1999 and do not require prior approval of RBI for acquisition and transfer of immovable property in India, other than agricultural land, farm house, plantation property etc.

No. They can create a special power of attorney and appoint a person in India to carry out this task on their behalf.

the acceptance of the gift must be completed before the donor passes away or loses the capacity to make gifts. This was held in this Supreme Court judgment on the registered Gift Deed.

An NRI (Non-Resident Indians) or a PIO (Person of Indian Origin) is eligible to receive property as a gift. The donor has to be a resident of India/NRI/PIO. The property to be transferred as a gift must be either a commercial property or a residential property, but not agricultural land, plantation property or farmhouse in India.

If the donee is a minor then in such a case, a guardian can accept the Gift on his/her behalf. The guardian serves as the manager of the gifted property. Once the donee is an adult, he or she can either accept or return the Gift.

A person with a sound mind can be a donor and who is competent to enter into any agreement. Minors cannot be a donor.

A person with a sound mind can be a donor and who is competent to enter into any agreement. Minors cannot be a donor.

Yes, property gifted through a Gift Deed can be challenged in court under certain circumstances, such as disputes over the validity of the deed, allegations of fraud, or lack of proper documentation.

There are generally no restrictions on the amount or value of property that can be gifted through a Gift Deed. However, individuals should be mindful of any applicable tax implications and legal requirements based on the value of the property being gifted.

Yes, an NRI can gift property to any person or entity in India, subject to certain restrictions and regulations under Indian law.

Yes, an NRI can gift property to a person outside India, subject to certain restrictions and regulations under Indian law.

Yes, an NRI can gift a property jointly with another person, subject to compliance with relevant Indian laws and regulations.