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Importance of unregistred notary gift deed and it's evidence use
05-Feb-2023 (In Property Law)
I have notary gift deed between blood relation it is not registred sir what is its importance sir can I use it in evidance in court Sir can doner gift property second time which is alredy gifted by unregistred gift deed
Assuming that the question is about immovable property, the gift deed had to be registered to pass a valid title. However the unregistered gift deed can be used in evidence to prove a collateral transaction not required by law to be registered, or it can be used by the donee to support his possession. As the previous unregistered gift deed did not pass a valid title to the donee, it can be gifted for the second time, but it will depend upon certain factors, such as who is in the possession of property and for how long?
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Adv. Pradeep Naik
Indore | 200+ Answers
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Can a gift deed be notarized?
The gift deed should be signed by all parties in front of a notary. Stamp duty: A stamp duty is required to be applied on the gift deed. This tax is levied when certain assets or property are transferred.
Is gift deed valid without registration?
The registration of the gift deed is required.
According to section 123 of Transfer of Property Act any gift involving an immovable must be registered in order for it to have legal value. To register the gift deed, stamp duty and registration fees need to be paid.
What is the proof of gift deed?
Gift Deed Registration requires some documents, including: Identification and proof of both parties, such PAN, Aadhar cards, Driving Licenses, etc.
What makes a deed of gift invalid?
The Gift deed is invalid if it was not registered and performed in accordance with the legal requirements. It can be challenged before the Court. If either party was unable to contract, the gift deed is invalid and can be challenged by the court.
A notarized deed for a gift of cash or movables is valid. However, a notarized deed for a gift of immovables is invalid because if the gift is not registered then the owner cannot be passed on to the recipient. Gift deeds that are not stamped with stamp duty will not be enforced.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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