What are the documents needed for making a gift deed

407 votes

According to Section 122 of the Transfer of Property Act, 1882, you can transfer immovable property through a gift deed. Like a sale deed, a gift deed contains the details of the property, the transferor and the recipient. But unlike a sale deed, it allows one to transfer ownership without any exchange of money.

A gift deed is a legal document that describes the voluntary transfer of gift from a donor (owner of the property) to the donee (receiver of gift) without any monetary favor in return. The donor should not be insolvent and should not use this as a tool for evasion of tax and illegal gains.
 

Registering a Gift Deed

Registering a gift deed, transferring an immovable property, with the sub-registrar is mandatory under the laws in India (Section 17 of the Registration Act, 1908 and Section 123 of the Transfer of Property Act.) If this is not done, the transfer will be invalid. Once a gift deed is registered, only then the change in the title of ownership of property is possible. Also, for the recipient to be able to further transfer the property, a registered gift deed will be required.
 

Documents Required to register a Gift Deed

For completing the registration process of a gift deed, certain formalities are needed to be fulfilled, such as, it must be signed by the donor and it must be attested by at least two witnesses. Payment of registration charges and stamp duty must be made and both the donor and receiver must be present in the office of the Registrar at the time of registration. There are certain documents which are also required for a gift deed to be registered. These documents have been listed below-

• PAN card

• Aadhaar card

• ID proof like the driver's license, passport, etc.

• Sale Deed proving the ownership of the donor over the property or any similar document.

LawRato LawRato

551 votes

Gift deed would require documents of chain of ownership of the property, Photo ID proof of donor and donee , the gift deed should be registered at the registrars office with two witness and their photo ID proof.

Advocate Shalini Devi LawRato

542 votes

In order to gift the flat to your children, you may execute a Deed of Gift and get the same registered with the concerned sub-registrar of assurances on payment of nominal registration charges and nominal stamp duty. you will require all the earlier documents like Agreement for Sale executed with the builder or the earlier seller, Share Certificate, NOC from the Society, etc.

Advocate P A Narayanan LawRato

993 votes

Make the gift deed. and you can transfer the property on your children name. ..

Best Regards,

Adv. Jyoti Kolhe

LawRato LawRato