Gift deed
1 week ago
Can a person register a gift deed after the death of the donor
https://taxguru.in/income-tax/gift-deed-not-invalid-because-registered-after-death-donor.html
A.Dear Client,
According to Section 122 of the Transfer of Property Act, 1882 'Gift' is defined as the transfer of certain existing moveable and immoveable property made voluntarily and without consideration, by one person called the donor, to another, called the donee, and accepted by or on behalf of the donee. The transfer should be accepted by the Donee from the Donor; The acceptance of the transfer must be during the lifetime of the donor and he must be still capable of giving.
In the event of the donor dying before acceptance, the gift is void. Reach out to an Advocate for guidance. nd steps.
According to Section 122 of the Transfer of Property Act, 1882 'Gift' is defined as the transfer of certain existing moveable and immoveable property made voluntarily and without consideration, by one person called the donor, to another, called the donee, and accepted by or on behalf of the donee. The transfer should be accepted by the Donee from the Donor; The acceptance of the transfer must be during the lifetime of the donor and he must be still capable of giving.
In the event of the donor dying before acceptance, the gift is void. Reach out to an Advocate for guidance. nd steps.
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A.Dear Client,
Section 123 of the Transfer of Property Act (TP Act) provides that a gift deed pertaining to immovable property must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. There is nothing in the provision which mandates only the donor to register the deed, it only requires them to execute the deed. So, in this case, the legal representative of the donor can also register a gift deed after death of the donor at the request of the donee. The Calcutta High Court has ruled that this does not violate section 123 of the TP Act. Hence, any person registering the gift deed on behalf of donor will have the same effect as if the donor had registered it during their lifetime.
Hope it helps.
Thank you.
Section 123 of the Transfer of Property Act (TP Act) provides that a gift deed pertaining to immovable property must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. There is nothing in the provision which mandates only the donor to register the deed, it only requires them to execute the deed. So, in this case, the legal representative of the donor can also register a gift deed after death of the donor at the request of the donee. The Calcutta High Court has ruled that this does not violate section 123 of the TP Act. Hence, any person registering the gift deed on behalf of donor will have the same effect as if the donor had registered it during their lifetime.
Hope it helps.
Thank you.
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A.Dear sir,
It cannot be registered after the death of donor. But in case of Will it can be registered after the death of bequeather.
It cannot be registered after the death of donor. But in case of Will it can be registered after the death of bequeather.
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