Gifting in India: Legal Provisions, Formalities, and Tax Implications

Introduction A gift, as governed by the Transfer of Property Act, 1882 , is a voluntary transfer of ownership from one person to another without any consideration, reflecting the principles of altruism and affection. This transfer involves the donor (the person giving the gift) and the donee (the person receiving it) and is characterized by an unequivocal intention to transfer ownership, acceptance by the donee, and delivery of possession. The legal framework mandates that a gift must be executed through a written instrument, often referred to as a gift deed, which is duly signed by the donor and attested by witnesses. While gifts are typically irrevocable, exceptions may arise if they are made under coercion, fraud, or undue influence, rendering them void. Judicial interpretations have further clarified that gifts must be unconditional unless specified otherwise, and that incomplete delivery or non-acceptance by the donee renders the gift legally ineffective. Additionally, the la...