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Gift Deed for Property in Asansol β€” Complete Legal Guide & Registration Process

Complete guide to gift deeds for property in India covering tax implications in West Bengal, registration requirements, stamp duty, revocation, and legal assistance.

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What is a Gift Deed?

A gift deed is a legal document transferring property voluntarily without consideration. Under the Transfer of Property Act 1882 and Gift Tax Act 1958 (now repealed), gifts are governed by specific rules. The donor must voluntarily transfer the property, the donee must accept the gift, and the transfer must be made during the donor's lifetime.

Registration and Tax

Gift of immovable property must be registered under Registration Act 1908. Stamp duty on gift deeds in West Bengal: 5-6% for gifts to non-relatives, nominal for gifts to specified relatives (spouse, children, parents, siblings). Gifts to relatives are exempt from income tax. Gifts to non-relatives above Rs. 50,000 taxable as income of donee.

Revocation of Gift

A registered gift deed cannot be revoked unilaterally. Grounds for revocation: fraud or misrepresentation, undue influence, failure of consideration, condition subsequent not fulfilled. Gift to minor through guardian β€” valid if for minor's benefit.

Frequently Asked Questions

Is stamp duty payable on gift deed? β–Ό

Yes. In West Bengal, 5-6% for gifts to non-relatives. Nominal duty for gifts to specified relatives (spouse, children, parents, siblings).

Is gift to spouse taxable? β–Ό

No. Gifts to spouse, children, parents, and siblings are exempt from income tax. Gifts to non-relatives above Rs. 50,000 taxable.

Can a gift deed be challenged? β–Ό

Yes, on grounds of fraud, undue influence, coercion, or unsound mind of donor. Challenge must be made in court with evidence.

What is the procedure for gift deed registration? β–Ό

Prepare gift deed on stamp paper. Both parties appear before Sub-Registrar with witnesses. Original title documents required. Registration fee payable.

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