• Gift deed

A very close friend of mine wishes to gift a flat to me. What are the complications with regards to the framing of a gift deed
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

Your friend is at liberty to execute gift deed fun your favour 

 

2) gift deed should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
100080 Answers
8172 Consultations

NO complications, but stamp duty will be same as in case of sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. IF the Friend is not a blood relative, THEN for Gift Deed:

a) Stamp Duty 6% of the rateable value of the Flat

b) Registration Fees: Maximum 30,000/-

c) Gift Tax liability under the Income Tax Act

d) Society Charges: 100 +500+ 25000/-

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hi

The pre-requisites are:

# the gift should be made from out of love and affection.

# No consideration  should pass.

# Get the same registered with the concerned Registrar.

# If the person gifting the property, has dependents, legal heirs etc., they may raise an issue.

Good Luck

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No complications. Just bear in mind that if you accept the gift, then you will also be liable for all encumbrances over that property (flat). So, you are adviced to be sure that the flat which is going to be gifted to you, is free of any encumbrance. To accept the gift or not is your volition

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

- A Gift Deed is a document that records the act of giving a gift and is executed  between the person giving the gift  and the person receiving the Gift.

- Gift Deed must be made by a person voluntarily and not under compulsion without any exchange of money.

- Hence, the property can be transferred from one person to another through the Gift Deed.

- Acceptance of the Gift after its execution is a legal requirement and the persons receiving the Gift , must accept the it during the lifetime of the person giving the Gift.

- Under section 17 of the Registeration Act, the registeratoin of the Gift Deed is mandatory. 

- Both the Giver and the Receiver must be present in the office of Registrar at the time of registeration.

- The documents that required for registeration of Gift deed may be PAN card, Aadhar card, Drivering license, Passport, etc. 

 

Good luck and dont forget to positive rating. 

Mohammed Shahzad
Advocate, Delhi
15879 Answers
244 Consultations

Under section 122 of the Transfer of Property Act, 1882, he can transfer immovable property through a gift deed. But instead of a sale consideration in a sale deed, a gift deed allows you to transfer ownership without any exchange of money.

it should be duly stamped  and registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

See a gift can be drafted and same can be registered before the sub registrar office.

Engage advocate he will draft and help to register the deed.

Stamp duty and registration is payable.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  ONLY "individuals" can execute Gift Deed.

2.  Legal Entity (Pvt. Ltd. or Public Ltd. or LLP etc....) CANNOT execute Gift Deed.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1) company cannot execute gift deed 

 

2) it can sell flat to you 

Ajay Sethi
Advocate, Mumbai
100080 Answers
8172 Consultations

You can make gift deed and registered with registrar by paying proper stamp duty and registration charges.

 

If company has given rights to your friend to transfer flat in the way of gift or will or sale deed.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If the flat is owned by company, then your friend isn't competent to gift it in his personal capacity

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Company cannot gift the proeprty. 

No there is no time limit for transfer.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the flat is in name of company it has to be seen under what capacity your friend wants to gift it. He can still gift it but other directors have to be taken into consideration

Prashant Nayak
Advocate, Mumbai
34742 Answers
251 Consultations

Hi

Company means i.e., Private Limited / Public Limited ? 

The MOA & AOA of the same needs to be looked into.

Board's permission needs to be taken & reasons to be specified.

Provisions of Private / Public company applies.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

This is my response to you:

1. He can gift it you;

2. But you will have to pay the stamp duty and the registration fees;

3. If the company is gifting it you then take precautions;

4. You will also need to engage services of a CA to ensure that your returns are filed properly;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

The person giving the gift is called the donor and the person to whom it is being gifted is called the donee. A gift is considered valid if it is made voluntarily and without consideration. ... A gift of immovable property amounts to its transfer under the Transfer of Property Act.

The gift must be made and accepted in the lifetime of both the donor and donee. The acceptance is shown through a gift deed, which is an agreement spelling out that the donor wants to gift the property listed in the deed to the donee, and that the donee accepts it. The signatures of both the parties are affixed in the presence of at least two witnesses. 

There is no legal complications  if the procedures are followed up properly.

 

 

T Kalaiselvan
Advocate, Vellore
90283 Answers
2511 Consultations

Since a company is an artificial person, it cannot claim to get or give love and affection. ... However, there are various status under which a property can be transferred by a company or to a company without monetary consideration. e.g. if it is a section 25 company then it can receive gifts/donations.

A property can be transferred from one person to another in mostly three ways – Sale, Will or Gift. If you are planning to give your property to one of your family members or friends, out of love and affection, without expecting money, then executing a Gift Deed and registering it would serve the purpose.

T Kalaiselvan
Advocate, Vellore
90283 Answers
2511 Consultations

Than board resolution will pass to gift the property and he will act on behalf of company. Donor will be company.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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