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Dr.

Ram Manohar Lohiya National Law University Lucknow

2017- 2018

Rough Draft On

“Gift Deed”

Submitted to: Submitted by:

Dr. Shakuntla Margaret Rose

Assistant Professor (Law) Section- A

RMLNLU Enrollment

Number- 150101078

Semester – Vth
Introduction

Gift is a Transfer of Property and is defined in Section 122 of the Transfer of Property Act, 1882.
It is a unique transfer of property in the sense that it involves no consideration. The basic essence
of a gift is the complete absence of consideration.1 The law of gifts in India is governed by
Sections 122 to 129 of the Transfer of Property Act, 1882. The right to gift away ones property
whether movable or immovable is an important right and an important element of property law.
Although a gift involves no consideration in the legal sense it involves the consideration of love,
affection, spiritual and religious benefit etc. whose importance cannot be overlooked. Thus the
law relating to gifts has a humane element in it and as such the law of gifts should be clear and
unambiguous without any scope for misuse and controversy. This objective might be idealist but
ultimately the law relating to gifts should always strive to protect the interests of the donee,
donor and the property involved in the greater interests of justice. A gift is a common mode of
transfer of property. It is the transfer of certain existing moveable or immoveable property by
one person to another. The transfer should be made voluntarily and without consideration. The
person transferring the property is called the donor. The person to whom the property is
transferred is referred to as the donee. The donee must accept the property during the lifetime of
the donor and while he is still capable of giving. In case the donee dies before acceptance, the
gift is void. The gift can be effected through a gift deed. A gift deed is a legal document that
records and details transfer of movable or immovable property from the donor (giver) to the
donee (receiver) without any exchange of money. The “gift” must be a well defined movable or
immovable property and be transferable. The deed should be based on the consideration of
natural love and affection of the Donor to the Donee. The donor in the gift deed must be solvent
and should not use this arrangement for illegal gains or tax evasion. Transfer of property,
specially an immovable one, needs to be documented in accordance with the Transfer of
Property Act, 1882 in India and must fulfill the conditions laid out. Registration of the gift deed
for an immovable property is mandatory and must be done with the Sub-Registrar in the area
where the property is situated.
Research Methodology
This research is descriptive and analytical in nature. Secondary and Electronic resources have
been largely used to gather information about the topic. Websites, books, journals and articles
have been primarily helpful in giving this project a firm structure. Footnotes have been provided
wherever needed to acknowledge the source.

Objective

To discuss about the concept of gift and gift deed.


To draft a gift deed of a property.

Tentative Chapterisation

(i) CHAPTER 1: GIFT


(ii) CHAPTER 2: GIFT DEED
 When a Gift Deed is made
 Contents of Gift Deed
 Charges for a Gift Deed
 Revocation of Gift Deed
 Points to be considered while drafting a Gift Deed
 Steps in gifting process
 Facts of Gift Deed to be drafted
(iii) CHAPTER 3: DRAFT GIFT DEED

References

Acts/Statutes

1. Registration Act, 1908

2. Transfer of Property Act, 1882


Books

1. ODGERN’S ON DRAFTING AND PLEADING, 3rd EDITION (2008) UNIVERSAL


PUBLICATION, NEW DELHI

Websites

1. http://articles.economictimes.indiatimes.com/2009-06-07/news/27647546_1_gift-deed-gifted-
property-donee

2. http://www.legalserviceindia.com/articles/transfer.htm

3. http://legalsutra.com/837/gifts-under-transfer-of-property-act

4. http://www.livemint.com/Money/PYvt8NpP8AXnea8nKAn9FI/For-a-transfer-of-property-
through-gift-deed-to-be-valid-it.html

5. http://taxguru.in/income-tax/faq-performa-gift-deed-list-relatives-gift-received-tax-
liability.html

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