19 Jul
19Jul

Gifts have been an integral part of Indian culture for centuries. People find out many gifting items to give to their loved ones. Actually, the terms of gifting are not similar for all the gifting items, and every donor must be aware of it. Here, the rules for gift deed of property in India is very critical, and that is why the involvement of the best property lawyers in Kolkata, India, becomes essential. To solemnize the act of gifting and guarantee legal cogency, the Indian legal system recognizes gift deeds.

Property Lawyer in Kolkata

Also Read: Property Disputes: Common Types and How to Resolve Them

If you are looking for the right process and obtaining the gift deed format in India, then you should get in touch with the expert property lawyers in Kolkata for sure:

Definition and Nature of Gift Deed:

In legal terms, a gift deed is a legal document that transfers the ownership of movable or immovable property from one person, known as the donor, to another person, known as the donee, without any exchange of money. It is an irrevocable and voluntary act of giving, reflecting the donor's intention to transfer the property to the donee without any consideration.

Essential Requirements:

Certain essential elements must be fulfilled for a gift deed to be legally valid. These include the voluntary consent of the donor, acceptance by the donee, a valid transfer of ownership, and registration of the gift deed. Additionally, the donor must be competent to make the gift, and the gift must be made without any coercion or undue influence.

Registration and Stamp Duty:

As per Indian law, a gift deed should be registered to make it lawfully enforceable. Both the donor and the donee must sign the deed, to which two witnesses should attest. Furthermore, stamp duty is applicable based on the value of the property the donor plans to gift. Discussing with the best property lawyers in Kolkata can be highly productive for you.

Implications and Tax Considerations:

Once the gift deed is executed and registered, the property's ownership is legally transferred to the donee. The donee becomes the rightful owner and can enjoy all the rights and benefits associated with the property. It is important to note that specific tax implications may arise depending on the nature of the property and the relationship between the donor and the donee.

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The Bottom Line:

A gift deed of the property in India is an essential legal instrument in India to transfer property without financial deliberation, ensuring the legal validity and enforceability of the act of gifting. You should do well to get in touch with top individual property lawyers in Kolkata or collaborate with the leading law firms in Kolkata for assistance!

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