Rules, regulations & elements of property gift in India


Are you willing to gift some property to any of your relative, then you ought to know the various rules and regulations for property gift in India. People often show their willingness to gift land or house to their close relatives. See the essential elements of gift tax, India rules and regulations.

What is property gift


Any gift of property gifted by a person (donor) to his parents or siblings or children or grandchildren or grandparents (donee) is termed as property gift. If any one of the two parties (donor or donee) dies before the acceptance of the property, then the property gift is assumed to be void. According to Transfer of Property Act, the property gift deed must bear the following elements.



Elements of property gift deed


  • Donor

  • Donee

  • Gift must be voluntary and without any consideration

  • Transfer of property

  • Subject matter of transfer

  • Acceptance of gift by donee

  • Gift must exist in nature


Thus, if a person wants to gift property to his relatives, then he can do so. Even law also permits him to gift property legally. But you need to follow some rules and regulations while gifting property.

Rules and regulations for property gifting


1. A gift deed must be prepared between the persons gifting and receiving the gift. This deed must also be registered. Deed must contain the information of type of gift and the amount of gift.

2. The registered deed must also bear the signatures of donor himself or his any representative and of at least 2 witnesses. The representative for this purpose can be authorized through power of attorney. Such power of attorney must also be prepared on a determined stamp paper.

3. Property gift can be given to family members like a father or mother can gift property to his son/ daughter, husband to wife or vice-versa, a boy/ girl to his siblings, grandparents to their grandsons or grand daughters.

4. According to Transfer of Property Act, property gift is valid only if the person giving the gift is still alive and with normal mental conditions. Nobody can claim a property gift after the death of the donor saying the he/she was willing to give him/ her property gift.

5. Transfer of any property will be assumed as a gift only if it is gifted due to some attraction and love between the two parties and no amount is taken in return.



6. Although no amount is taken in return of property gift but you need to apt stamp duty and registration charges on property gift deed. This process is similar in case of sale purchase of any property.


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