Gift deed
3 years ago
what are the documents required to register a gift deed also whether the donor and Donee have to appear before the sub register in person .please explain
A.All your title deeds and proforma is as follows.
GIFT DEED
This Deed of Gift is made and executed on this Twenty Ninth day of February Two Thousand Twenty (29.02.2020) at Bengaluru by
SMT. XYZ
Aged 74 years,
,
Karnataka
(PAN No.)
Hereinafter referred to as the “DONOR” (which term shall mean and include the Donor, her heirs, legal representatives, administrators, executors, assigns etc.,) of the ONE PART and IN FAVOUR of my eldest son named:
SRI. ABC
Aged 55 years,
S/o late
a
(PAN No. )
Hereinafter referred to as the “DONEE” (which term shall mean and include the Donees, their heirs, legal representatives, administrators, executors, assigns etc.,) of the OTHER PART and witnesses as follows:
Whereas the Donor acquired schedule property that is Municipal No. …….Bengaluru – 560 011 (morefully described in the schedule) under registered Will bearing No…….. registered in the office of Sub-Registrar, Jayanagar, Bengaluru executed by her husband late ……….. on 15.05.2015. The said late S.K. Seenu purchased the schedule property under registered Sale Deed vide …….8 executed by City Improvement Trust Board dated 26.10.1957. The said late S.K. Seenu died on 24.05.2016. Till the death of late ……. all the records in BBMP stood in his name. After his death the Donor acquired absolute title and possession over the schedule property. While executing registered Will dated 15.05.2015 late S.K. Seenu imposed condition as follows found at Page No.8:
XXXXè.”
The Donor under the above Will acquired absolute rights and in possession of schedule property. Now, the Donor reached age of 74 years and maintaining good health but to put a full stop to future litigations among her two sons she with her free will and voluntarily wish to execute this Will in favour of her above eledest son and he shall become absolute owner of A Schedule portion as detailed below after my death.
Whereas the Katha and other records of the A and B Schedule Property stands in the name of the Donor in the records of the concerned office and the Donor has been paying the taxes thereof regularly to the said office and till this date the Donor herein is in peaceful possession and enjoyment of the same and it is free from all encumbrances.
Whereas, the Donor out of her will and wish, love and affection towards the Donee, that is her eldest son by name XXXXXXX on this day offered and agreed to gift the Schedule Property that is Municipal No. New XXXXXXXX – 560 011 (morefully described in the schedule) to the Donees on the following conditions and the Donees has accepted the offer made by the Donor and agreed to take the Schedule Property after the death of Donor. Since eldest son is looking after my welfare and medical expenses etc A Schedule property which is bigger portion given to my eldest son. I am hale and healthy and in a position to understand what is good and what is wrong. B Schedule property shall go to my younger that B.S. Sandeep Kumar after my death and till my death I will enjoy the B Schedule property. The following conditions shall be abide on my eldest son.
1. The Schedule Property is divided into portions as per annexed Sketch Map. The schedule ‘A’ portion (60 feet x 45 feet) is gifted to Sri. XXXXar and the schedule ‘B’ portion (30 feet x 45 feet) is retained by me. The documents of this property shall be in joint possession of myself and Donee.
2. During the lifetime of Donor she is entitled to collect all the rents of the schedule properties and her sons that is Donee have no right to claim over such collected rents.
3. During the lifetime of Donor, the Donee is not entitled to alienate that is sell, mortgage or to create charge over the schedule properties. Further during the lifetime of Donor, the Donee have no right to demolish any portion of schedule properties or to rent out or lease out any portion of schedule properties. However, after the death of the Donor, the Donee become absolute owner.
4. During the lifetime of Donor she agreed to discharge house loan in respect of schedule property and after the death of Donor if any loan is remained then the Donee shall repay the same in respect of his portion. Further it is the wish of Donor that any amount received from rental deposits from respective tenants should be repaid by the Donee in his schedule portion that is A schedule property.
5. During the lifetime of Donor she alone has a right to renovate the schedule properties or rent out any portion of schedule properties or lease out any portion of schedule properties.
6. The Donor apart from above two sons having one married daughter by name Smt. …..hitra W/o Sri. …... The Donor and her husband performed the marriage of their daughter and at the time of her marriage sufficient jewellery and cash was given to her in lieu of her share in the schedule properties. Apart from this during the lifetime of husband of Donor the above said daughter expressed her opinion as follows which is stated in Will dated 15.05.2015, the relevant portion is reproduced below found at Page No.6 and 7: XXXXXè.”
7. As per the wishes of late husband of Donor, Smt. B.S. Suchitra the daughter of Donor cannot claim any share or otherwise in the schedule properties which are hereby gifted to above Donee.
Now this Deed of Gift witnesseth that in pursuance of the above and in consideration of the love and affection towards the Donee, the Donor this day gifted the Schedule Property that is Municipal No. New 12/2 (Old No.277/A), 7th Cross Road, 1st Block, Jayanagar, Block-62, Hombegowda Nagara, Bengaluru – 560 011 (morefully described in the schedule) to the Donee by Free Will, without any undue influence from anybody/coercion and this day convey, transfer, give, assure and assign all that piece and parcel of the Schedule Property to the Donee as per annexed Sketch Map which may be read as part and parcel of this Gift Deed (‘A’ schedule portion is gifted to Sri. B.S. Sunil Kumar and ‘B’ schedule portion is retained by me) by free and voluntarily with all estate, right, title, interest, claim, share, demand etc. of the Donor unto or upon the same to have, to hold and to enjoy the same by the Donee absolutely and forever. That the Donor this day delivered the vacant and clear possession of the Schedule Property A property to the Donee subject to above conditions and also this day handed over the relevant documents subject to above conditions in respect of the title of the Schedule Property which consist of ‘A’ to the use of the Donee.
THE DONOR DO HEREBY COVENANT WITH THE DONEE AS FOLLOWS:
1. That the Donor is having clear right, title and interest to gift the Schedule Property to the Donee and except the Donor no other person/s have or had any kind of right, title, interest, claim, share, demand, etc over the same.
2. That the Donee shall hereafter wards and at all times peacefully and quietly hold, subject to above conditions, own, possess and enjoy the Schedule Property by way of Absolute Owner without any let or hindrance from or by the Donor or any person/s whomsoever.
3. That the Donor assures that Donee that the Schedule Property is free from lien (except bank loan as described above), charge, court attachments, minor claims, maintenance claims, family rights, mortgages, etc and in further assures the Donee that she has not done any acts deeds or things previous to this Gift Deed.
4. That upon the request and cost of the Donee, the Donor to do, execute and perform all lawful acts, deeds and things that are necessary to transfer the clear-perfect title of the Schedule Property more perfectly in favour of the Donee.
5. That the Donor has no objection the Donee shall pay the future taxes to the concerned office subject to above conditions and also transfer the Katha and other records of the Schedule Properties in his favour he can enjoy the Schedule A Property subject to above conditions, as he likes by way of sale, gift, mortgage etc.
SCHEDULE “A” Property
All that piece and parcel of the landed property bearing that is Municipal No. New ………., Bengaluru – 560 011, measuring 60 feet x 45 feet (Ground + 2 Floors) as annexed in the attached Sketch Map which shall be part of this schedule and Gift Deed and bounded on:
East by : Site No.278,
West by : Public Road,
North by : Public Road,
South by : Site No.277/A (Schedule B Property)
SCHEDULE “B” Property
All that piece and parcel of the landed property bearing that is Municipal No. New ………., Bengaluru – 560 011, measuring 30 feet x 45 feet (Ground + 2 Floors) as annexed in the attached Sketch Map which shall be part of this schedule and Gift Deed and bounded on:
East by : Site No.278,
West by : Public Road,
North by : Site No.277/A (Schedule A Property),
South by : Site No.277
In witness wherefore the Donor and the Donee have affixes their signatures to this Deed of Gift on the date mentioned above at Bengaluru.
WITNESSES
1. .
2. Smt.
DONOR:
DONEE:
Drafted by:
GIFT DEED
This Deed of Gift is made and executed on this Twenty Ninth day of February Two Thousand Twenty (29.02.2020) at Bengaluru by
SMT. XYZ
Aged 74 years,
,
Karnataka
(PAN No.)
Hereinafter referred to as the “DONOR” (which term shall mean and include the Donor, her heirs, legal representatives, administrators, executors, assigns etc.,) of the ONE PART and IN FAVOUR of my eldest son named:
SRI. ABC
Aged 55 years,
S/o late
a
(PAN No. )
Hereinafter referred to as the “DONEE” (which term shall mean and include the Donees, their heirs, legal representatives, administrators, executors, assigns etc.,) of the OTHER PART and witnesses as follows:
Whereas the Donor acquired schedule property that is Municipal No. …….Bengaluru – 560 011 (morefully described in the schedule) under registered Will bearing No…….. registered in the office of Sub-Registrar, Jayanagar, Bengaluru executed by her husband late ……….. on 15.05.2015. The said late S.K. Seenu purchased the schedule property under registered Sale Deed vide …….8 executed by City Improvement Trust Board dated 26.10.1957. The said late S.K. Seenu died on 24.05.2016. Till the death of late ……. all the records in BBMP stood in his name. After his death the Donor acquired absolute title and possession over the schedule property. While executing registered Will dated 15.05.2015 late S.K. Seenu imposed condition as follows found at Page No.8:
XXXXè.”
The Donor under the above Will acquired absolute rights and in possession of schedule property. Now, the Donor reached age of 74 years and maintaining good health but to put a full stop to future litigations among her two sons she with her free will and voluntarily wish to execute this Will in favour of her above eledest son and he shall become absolute owner of A Schedule portion as detailed below after my death.
Whereas the Katha and other records of the A and B Schedule Property stands in the name of the Donor in the records of the concerned office and the Donor has been paying the taxes thereof regularly to the said office and till this date the Donor herein is in peaceful possession and enjoyment of the same and it is free from all encumbrances.
Whereas, the Donor out of her will and wish, love and affection towards the Donee, that is her eldest son by name XXXXXXX on this day offered and agreed to gift the Schedule Property that is Municipal No. New XXXXXXXX – 560 011 (morefully described in the schedule) to the Donees on the following conditions and the Donees has accepted the offer made by the Donor and agreed to take the Schedule Property after the death of Donor. Since eldest son is looking after my welfare and medical expenses etc A Schedule property which is bigger portion given to my eldest son. I am hale and healthy and in a position to understand what is good and what is wrong. B Schedule property shall go to my younger that B.S. Sandeep Kumar after my death and till my death I will enjoy the B Schedule property. The following conditions shall be abide on my eldest son.
1. The Schedule Property is divided into portions as per annexed Sketch Map. The schedule ‘A’ portion (60 feet x 45 feet) is gifted to Sri. XXXXar and the schedule ‘B’ portion (30 feet x 45 feet) is retained by me. The documents of this property shall be in joint possession of myself and Donee.
2. During the lifetime of Donor she is entitled to collect all the rents of the schedule properties and her sons that is Donee have no right to claim over such collected rents.
3. During the lifetime of Donor, the Donee is not entitled to alienate that is sell, mortgage or to create charge over the schedule properties. Further during the lifetime of Donor, the Donee have no right to demolish any portion of schedule properties or to rent out or lease out any portion of schedule properties. However, after the death of the Donor, the Donee become absolute owner.
4. During the lifetime of Donor she agreed to discharge house loan in respect of schedule property and after the death of Donor if any loan is remained then the Donee shall repay the same in respect of his portion. Further it is the wish of Donor that any amount received from rental deposits from respective tenants should be repaid by the Donee in his schedule portion that is A schedule property.
5. During the lifetime of Donor she alone has a right to renovate the schedule properties or rent out any portion of schedule properties or lease out any portion of schedule properties.
6. The Donor apart from above two sons having one married daughter by name Smt. …..hitra W/o Sri. …... The Donor and her husband performed the marriage of their daughter and at the time of her marriage sufficient jewellery and cash was given to her in lieu of her share in the schedule properties. Apart from this during the lifetime of husband of Donor the above said daughter expressed her opinion as follows which is stated in Will dated 15.05.2015, the relevant portion is reproduced below found at Page No.6 and 7: XXXXXè.”
7. As per the wishes of late husband of Donor, Smt. B.S. Suchitra the daughter of Donor cannot claim any share or otherwise in the schedule properties which are hereby gifted to above Donee.
Now this Deed of Gift witnesseth that in pursuance of the above and in consideration of the love and affection towards the Donee, the Donor this day gifted the Schedule Property that is Municipal No. New 12/2 (Old No.277/A), 7th Cross Road, 1st Block, Jayanagar, Block-62, Hombegowda Nagara, Bengaluru – 560 011 (morefully described in the schedule) to the Donee by Free Will, without any undue influence from anybody/coercion and this day convey, transfer, give, assure and assign all that piece and parcel of the Schedule Property to the Donee as per annexed Sketch Map which may be read as part and parcel of this Gift Deed (‘A’ schedule portion is gifted to Sri. B.S. Sunil Kumar and ‘B’ schedule portion is retained by me) by free and voluntarily with all estate, right, title, interest, claim, share, demand etc. of the Donor unto or upon the same to have, to hold and to enjoy the same by the Donee absolutely and forever. That the Donor this day delivered the vacant and clear possession of the Schedule Property A property to the Donee subject to above conditions and also this day handed over the relevant documents subject to above conditions in respect of the title of the Schedule Property which consist of ‘A’ to the use of the Donee.
THE DONOR DO HEREBY COVENANT WITH THE DONEE AS FOLLOWS:
1. That the Donor is having clear right, title and interest to gift the Schedule Property to the Donee and except the Donor no other person/s have or had any kind of right, title, interest, claim, share, demand, etc over the same.
2. That the Donee shall hereafter wards and at all times peacefully and quietly hold, subject to above conditions, own, possess and enjoy the Schedule Property by way of Absolute Owner without any let or hindrance from or by the Donor or any person/s whomsoever.
3. That the Donor assures that Donee that the Schedule Property is free from lien (except bank loan as described above), charge, court attachments, minor claims, maintenance claims, family rights, mortgages, etc and in further assures the Donee that she has not done any acts deeds or things previous to this Gift Deed.
4. That upon the request and cost of the Donee, the Donor to do, execute and perform all lawful acts, deeds and things that are necessary to transfer the clear-perfect title of the Schedule Property more perfectly in favour of the Donee.
5. That the Donor has no objection the Donee shall pay the future taxes to the concerned office subject to above conditions and also transfer the Katha and other records of the Schedule Properties in his favour he can enjoy the Schedule A Property subject to above conditions, as he likes by way of sale, gift, mortgage etc.
SCHEDULE “A” Property
All that piece and parcel of the landed property bearing that is Municipal No. New ………., Bengaluru – 560 011, measuring 60 feet x 45 feet (Ground + 2 Floors) as annexed in the attached Sketch Map which shall be part of this schedule and Gift Deed and bounded on:
East by : Site No.278,
West by : Public Road,
North by : Public Road,
South by : Site No.277/A (Schedule B Property)
SCHEDULE “B” Property
All that piece and parcel of the landed property bearing that is Municipal No. New ………., Bengaluru – 560 011, measuring 30 feet x 45 feet (Ground + 2 Floors) as annexed in the attached Sketch Map which shall be part of this schedule and Gift Deed and bounded on:
East by : Site No.278,
West by : Public Road,
North by : Site No.277/A (Schedule A Property),
South by : Site No.277
In witness wherefore the Donor and the Donee have affixes their signatures to this Deed of Gift on the date mentioned above at Bengaluru.
WITNESSES
1. .
2. Smt.
DONOR:
DONEE:
Drafted by:
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A.1) There are various types of gifts deeds for the movable and immovable property and assets. It depends on what would you like to register like for example if you want to register gift deed of a four wheeler car then and the RC book, insurance and PUC are the main documents of the car show all the details such as engine number chassis number and all should be mentioned in the gift deed and search a gift should be free from any kind of encumbrances such as it should not have any kind of loan or hypothecation order.
2) In case there are such kind of encumbrances then also the liability of such gift shall be transferred to your name and you will be legally bound to pay for the same.
3) You will also have to pay the Stamp duty for the same. Get the drafting ready as per the type of property.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
2) In case there are such kind of encumbrances then also the liability of such gift shall be transferred to your name and you will be legally bound to pay for the same.
3) You will also have to pay the Stamp duty for the same. Get the drafting ready as per the type of property.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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Rameshwar Dadhe
Responded 3 years ago
A.Made gift deed with the help of local lawyer or register it on sub register office
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