I am planning and wanting to purchase an apartment which is under construction as of now. Can I execute a gift deed at this point and transfer ownership rights to my daughter?

As mentioned by you, the flat is still under construction. Therefore, execution of a gift deed in your daughter’s name will not be possible. Execution of the gift deed will only be possible when the property gets registered in your name. The Gift is possible on an existing property and not a future one.


What are the tax implications in respect of a Gift Deed?

The income tax law states, that the gifts received by a person during a financial year is fully exempt, provided the value does not exceed Rs 50,000 in a year. If the value exceeds Rs 50,000 in a year, then the Gift will be taxable as income from other sources.

I am an NRI. My Uncle wants to gift his property to me. Can a Gift Deed be executed in favour of NRI / PIO?

An NRI (Non-Resident Indians) or a PIO (Person of Indian Origin) is eligible to receive property as a gift. The donor has to be a resident of India/NRI/PIO. The property to be transferred as a gift must be either a commercial property or a residential property, but not agricultural land, plantation property or farmhouse in India.

Who pays the dues after a property is gifted?

Once the property is registered in the recipient’s name (donee), he is responsible for paying the remaining dues. To exemplify, a father executed a Gift Deed in respect of a house favouring his son, and his father had to pay Rs 20,000 as utility bills. Now, the son will be liable to clear the remaining dues.

My Uncle has made a Gift Deed in my favour gifting me his house? Can the registered Gift Deed made be revoked/ cancelled by him?

No, cancellation and revocation of a registered gift deed cannot be done. On the other hand, one can seek legal remedy if the act was executed by coercion or undue influence on either party. However, an unregistered gift deed can be revoked as it holds no validity.

May I request you to elucidate how the Gift Deed differs from the Sale Deed?

The Gift Deed is similar to the Sale Deed. However, in a Gift Deed, there is no exchange of money. Registration Act, 1908 ( Section 17) and as per section 123 of the Transfer of Property Act, the property has to be be registered with the sub-registrar.


What if the donee is a minor?

If the donee is a minor then in such a case, a guardian can accept the Gift on his/her behalf. The guardian serves as the manager of the gifted property. Once the donee is an adult, he or she can either accept or return the Gift.

Can you please throw light on the essential’s conditions of the Gift Deed? 

A valid Gift Deed entails the followings conditions: – 

  1. Gift must be accepted during the lifetime of the donor.
  2. Gift must be for the existing property; Gift in regard to future property is void.
  3. Gift to two or more donees that one does not accept shall become void.
  4. Gift has to be accepted with burdens or obligations imposed if any.
  5. If the Gift consisting of the donor’s whole property, the donee is personally liable to pay all debts due by the donor at the time of acceptance.

My father is medically fit and of sound mind. Can he gift his property by way of a Gift Deed? Can his minor niece accept it?

A person with a sound mind can be a donor and who is competent to enter into any agreement. Minors cannot be a donor.

A minor is not considered capable of entering into a contract. Any person who receives the Gift or transfer made to him is a donee. A minor can be a donee; nonetheless, the Gift would have to be accepted by the guardian of the minor donee on behalf of him or her.

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