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Showing posts with the label #GiftDeed

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

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 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...

Can a Gift Deed Be Revoked? – Legal Perspectives, Procedures, and Time Limits

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Introduction A gift deed is a legal document used to voluntarily transfer property ownership from one person (the donor) to another (the donee) without any exchange of money. This transfer embodies generosity and goodwill, often executed within families. However, situations may arise where the donor wishes to revoke the gift deed due to changing relationships or regret. This comprehensive article explores whether a gift deed can be revoked under Indian law, the conditions under which revocation is permitted, the procedures involved, and the time limits applicable.   1. Understanding the Nature of Gift Deeds Before delving into the revocation process, it’s essential to comprehend what a gift deed entails: Definition : A gift deed is a legal document through which a donor voluntarily transfers ownership of property (movable or immovable) to a donee without any exchange of money or consideration. Irrevocability : As per Section 126 of the Transfer o...