gift deed is vaild if it is not registered

Q: Whether un registered gift deed is valid for transfering to others

Prasanna Kumar, Chennai

24th September 2015

Legal in Anna Nagar, Chennai

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grandsons from my prev seller generated an EC from sub-registrar form15 indicating the property was gifted among brothers after it was sold to me, how is it possible for registrar to register gift deed for a property on someone else name? is it going to create problems for me to sell. I have sale deed and katha document and EC indicating sale to me in 2003

sandhya, Bangalore

13th April 2018

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Thanks a lot!!
I read all your posts and am grateful to you for your answers. I have one question regarding Gift deed i.e What document is required to process gift deed agreement?

VKumar, Chennai

2nd October 2015

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Following documents are required to be produced at the time of presentation of the document before the jurisdictional Sub-Registrar:-
a) An Identical copy of the Gift-deed containing name and details of Donor and Donee, property Details and property value in the prescribed format of Gift Deed.
b) Statement of particulars of property and its market value.
c) Parent Document (prior to title deeds)
d) Title Deeds to show how the Donor gets the property.
e) Encumbrance Certificate of the property
f) Affidavit which states that Registration of this document does not violate the notification issued under Section 22A of the Registration Act, 1908.
g) Extract of assessment register of the property.
h) If the property is an agricultural land, No objection certificate from Tahasildar.

Murali Krishnan, Chennai

2nd October 2015

Comment

Yes murali , You are right in some extend but I would like to add few more point which I like is necessary to know:
1. Off course a minor cannot be a donor but can be a Donee. If the property is gifted to a minor, on behalf of a minor, a natural guardian can accept a gift.
2. If the gift is onerous, the obligation cannot be enforced against him while he is a minor. But later, he must either accept the burden or return the gift.
3. The gift of property must be without any consideration, absolute and unconditional except when made for a specific purpose. If there is any consideration in any shape, there is no gift.
4. Any person who is competent to contract can gift his property. Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is sound mind and is not disqualified from contracting by any law to which he is subject.
5. The person offering the gift and the one receiving it must both sign the gift deed.

Sundar, Chennai

30th September 2015

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@ komathi.
I think there is no specific procedure to receive a gift. But do accept the gift in writing. You can do this via a gift deed.
According to the Transfer of Property Act, it is invalid if a gift of immovable property is not registered. Immovable property is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings.

Murali Krishnan, Chennai

30th September 2015

Comment

Gift deed of immovable property compulsorily registered and the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. A Gift Deed may be executed to the Blood Relations and Third Parties. However, the Person to whom the property is being transferred must accept the property during the lifetime of the donor. If the Donee dies before accepting the gift, the gift becomes void.

Pavan kumar, Chennai

30th September 2015

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Thanks Sundar for providing valuable information, now I can understand it better sense, but I want some more clarification that what is the procedure to make Gift deed?

Komathi, Chennai

30th September 2015

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A Gift Deed is a legal document that states how much you received, from whom and when. Any person who is competent to contract can gift his property. Point to know:---

1. The person transferring the property is called the donor and the person accepting the gift is the Donee.
2. A minor cannot be a donor but can be a Donee.
3. If the property is gifted to a minor, on behalf of a minor, a natural guardian can accept a gift containing a condition that the person nominated in the gift deed will act as a manager of the gifted property.
4. The person making the gift and the one receiving must both sign the gift deed.

Javed, Chennai

29th September 2015

Comment

Thanks Javed for valuable information provided by you.. I would like to add few point, A gift of immovable property, which is not registered, is bad in law and cannot pass any title to the Donee. A valid gift of property can be made only by a registered instrument.

Rakesh, Bangalore

29th September 2015

Thanks all. I will be happy if anybody share me related to my query.How to make a gift of property valid?

Komathi, Chennai

29th September 2015

@ komathi
According to the Transfer of Property Act, it is invalid if a gift of a property is not registered. Documents should be stamped and registered as required, and attested by two witnesses. There are some conditions to be met to make a gift of property valid as specified by the Transfer of Property Act.
Please see below posting:---

Murali Krishnan, Chennai

29th September 2015

1. A transfer of property must be voluntary and made gratuitously.
2. It must satisfactorily appear that the donor knew what he was doing and understood the contents of the instrument and its effect.
3. Documents should be stamped and registered as required, and attested by two witnesses.
4. A valid gift of property can be made only by a registered instrument.
5. The Person to whom the property is being transferred (Donee) must accept the property during the lifetime of the donor. If the Donee dies before accepting the gift, the gift becomes void.

Murali Krishnan, Chennai

30th September 2015

Hi Prasanna, As per my knowledge it is invalid if a gift of a property is not registered. Documents should be stamped and registered as required, and also you need attested by two witnesses in document paper.

Srinivas , Chennai

29th September 2015

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