Gift deed registration in Lucknow, Uttar Pradesh – charges, process, documents

Overview of Gift deed registration in Lucknow, Uttar Pradesh

We all love to receive gifts. Gifts represent the mutual affection & respect among people for each other. But, to ensure their legal validity, it would be a good idea to create a gift deed and get it registered under the legal provisions, especially in cases where a person gifts any immovable property to the other party. The Gift of property involves transferring the ownership of one’s property to another person by executing a gift deed.

So, what is a gift deed in Lucknow, Uttar Pradesh? A gift deed is a legal instrument through which an owner of any property (immovable or movable property) effectuates the transfer of any gift to the person out of his own will without expecting or accepting any consideration in return. The owner making such a transfer is known as a Donor and the person accepting such a gift is known as a Donee.

Like a sale deed, the primary purpose of a gift deed is to enclose the details of the parties and the intention of the donor to gift the property to the donee. Executing a valid gift deed is evidence of the transfer of ownership and all rights associated with the property from the donor to the donee thus stating the Donee as an absolute owner of the property without any financial transaction.

Not only this, a gift deed is legally binding and is admissible as a piece of evidence before the Courts during a legal proceeding. Moreover, it affords legal protection to the parties in the event of any dispute that might arise in the future. Though there are generally no criteria for the eligibility to make a gift, only a natural person who has attained a majority could make a valid gift.

However, a minor is incompetent to transfer property as a gift since they are incompetent to enter a contract under the provisions of the Indian Contract Act 1872. However, they can accept gifts through their guardians who will act as managers of the property until the minor attains majority.

Located in northern India, Uttar Pradesh is famously known as the Heartland of India. It is because of its rich culture and historical traditions. This state is the most attractive tourist destination for both Indians as well as non-Indians. This state shares its boundaries with Rajasthan in the west, Haryana, Himachal Pradesh, Uttarakhand, and Delhi in the northwest, Bihar in the east, Madhya Pradesh in the south, and feebly touches the states of Jharkhand and Chhattisgarh in the southeast and an international border with Nepal in the north. This is the most populous state in the country and also the most populated country subdivision state in the world. Uttar Pradesh is the 4th largest in terms of the area constituting about 7.3% of the total geographical area of India. As per the demographics, Hinduism is practiced by more than three-fourths of India’s population, the following is Islam the next largest religious group. Though there are many languages spoken in Uttar Pradesh, among them, Hindi is the most widely spoken and officially acknowledged language.
Uttar Pradesh is the home of various pilgrimage sites, historical monuments, spots of various religious faiths, and several Hindu holy temples. Uttar Pradesh has a rich history with untold and known mysteries that is related to ancient times. This is the land where the great sages have taken birth, the world-famous destination of two great epic Battles of India i.e. Ramayana and Mahabharata. It has popular destinations such as Varanasi (the spiritual capital of India), Allahabad (the holy Sangam of two major rivers – Ganga and Yamuna and iconic Kumbh Mela gatherings held once in 12 years), Agra (the epitome of Mughal architectural perfection and is one of the seven wonders of the world- the Taj Mahal), many other exhilarating tourists. These scenic beauties and heritage sites attract the interest of travelers and represent every facet of Indian culture and ethnicity.
In the past few years, the state has experienced substantial economic growth. Agriculture Sector provides the leading occupation to the population of Uttar Pradesh and plays an important role in the economic development of the state. As per the latest report on net state domestic product (NSDP), Uttar Pradesh is the 2nd largest economy in India after Maharashtra. Uttar Pradesh is the 3rd largest contributor to the economy in terms of GSDP (Gross State Domestic Product) about 8.4 percent of India. According to the census of 2014-15 released by the India Brand Equity Foundation (IBEF), Uttar Pradesh has a 19% share of the country’s total food grain output. This state is the noble hub for the Information Technology (IT) industry, software, and electronic industry, media, and financial institutions such as Noida, Kanpur, and Lucknow. As a result, this state attracts most of the foreign direct investment showing interest in the above-mentioned fields.
Capital- Lucknow
Top Business ideas in Uttar Pradesh
As we know, Uttar Pradesh is the fourth largest state in India in terms of area, it is the noble hub of various industries like Information Technology (IT) industry, Software, and Electronics Department. Uttar Pradesh is enriched with various useful products, applicable to boost the overall production and manufacturing efficiency of the state. We are aware of the fact that in the agriculture sector, Uttar Pradesh is an 18.9 percent contributor to the food grain production of the country. In the past few years, this state has witnessed rapid industrialization and sharp advancement in technological assets. According to the survey of the World Bank and KPMG, Uttar Pradesh is in 10th rank among the Indian States on the ease of doing business and 5th rank in accordance with the labor regulations. Given below are the list of business idea in Uttar Pradesh are: –
Battery Reconditioning Business
As Uttar Pradesh is moving towards industrialization, it caters to various semiconductor industries and research & development centers. Hence, It is a service-based business that offers a lot of opportunities. This is best for the small-scale business idea where very less capital investment is required. Battery renovation work is done by replacing the battery parts and adding some Chemicals by using simple methods. Given below the list of procedures for how to start a battery reconditioning business in India –
• Skilled and experienced labor
• Prepare a well-structured business plan for battery reconditioning
• Necessary raw materials and equipment
• Registration of the business
• Selection of a location for the business
Fashion design business
As you all know that Uttar Pradesh is well-known for the handicraft and handloom industry. We have administered that in the past few years Uttar Pradesh has contributed in this field. Hence it is an excellent business idea for cost-effective and scalable production. Specially incorporated by those who have perfect knowledge of fashion and creative design.
Mention below is the list of procedures for how to start a fashion design business in India –
• Gathering of the information related to various fashion industry opportunities
• Prepare a robust and self-explanatory business plan
• Set up and decide the course you want to offer
• Look for the promotion possibilities
Startup Ecosystem in Uttar Pradesh
Uttar Pradesh state is one of the leading and largest contributors in the field of Information Technology, software development, and the electronic sector. This state is also focusing to work collaboratively with the citizen on developing infrastructure, human capital development, and effective policy implementation. This is done to create a productive ecosystem for the entrepreneurs and investors in the state.
From 2017 to 2022, Uttar Pradesh state initiated the Uttar Pradesh information technology and startup policy. It is the flagship policy of the state government to focus on the core objectives to create an environment that will stimulate the growth of investors entrepreneurs and startups. The vision of this policy is to develop a comprehensive socio-economic environment and focus on creating employment promoting entrepreneurship innovation and enhancing the quality standard life in the state. Hence to crater the entire startup ecosystem, the state has come up with an infuse model(Incubators-Fund of funds-Startup Entrepreneurs).
With this vision of empowering innovation and entrepreneurship in the state, the state government has collaborated with various prominent institutions like IIT-Kanpur, IITBHU, IIM-Lucknow (Noida), KNIT Sultanpur.

Essentials of a Gift Deed in Lucknow, Uttar Pradesh

The provisions related to the transfer of property are governed by the provisions of the Transfer of Property Act, 1882, which prescribes the essentials of a gift deed in Lucknow, Uttar Pradesh as provided below-

i. The gift should be made out of the free will and affection of the donor towards the donee in his lifetime. Further, the donee must accept the gift within his life for its legal validity.

ii. In case the gift is an immoveable property it must be attested and registered compulsorily.

iii. With a gift deed, the lawful owner of a property (donor) can transfer it to another party (done) without any monetary consideration.

iv. A gift deed must be executed out of love and affection towards the donee without any consideration in return.

v. The gift of immovable property will be effective when the gift deed is registered with the appropriate Registrar or Sub-Registrar. The gift of movable property is effective when the gift deed is registered or by delivery of the property. When the gift deed is registered, the transfer of the property from the donor to the donee takes place immediately, and the parties need not go to court for its execution.

vi. The donor must be a major at the time of transfer of property through gift deed;

vii. The subject of the gift (i.e. immovable property) must exist and should be free of any existing claim.

viii. The property should be registered under the provisions of the Indian Registration Act, 1908 to the sub-registrar having jurisdiction over the area of its location.

ix. The donor should be financially sound at the time of making the gift deed and should not intend to use it as a tool for tax evasion and illegal gains.

Gift Deed vs Will in Lucknow, Uttar Pradesh– What is the difference?

Which properties could be transferred through a Gift Deed in Lucknow, Uttar Pradesh?

Any movable or immovable property could be transferred through a gift deed by its lawful owner. However, the donor can only transfer properties that he holds lawfully at the time of execution of property and not any property he expects to receive ownership of in the future.

Immovable property has been defined under the Transfer of Property Act 1882, as either land or any direct benefits arising out of land or everything attached to the earth but does not include crops, grass, or standing timber.  On the other hand, properties that do not come under the definition of immovable property are movable property.

What is the process of Registration of a Gift Deed in Lucknow, Uttar Pradesh?

As provided above, registration of the immovable property in Lucknow, Uttar Pradesh is mandatory under the Transfer of Property Act 1872. Section 123 of the Transfer of Property Act 1882 states that any gift of immovable property shall be valid only when it is registered through a gift deed signed by both the parties and attested by at least two witnesses. Provided below is the step-by-step process to register a gift deed under the provisions of the Indian Registration Act 1908-

i. Drafting the Gift Deed in Lucknow, Uttar Pradesh – The first step of registration of a gift deed is to draft a gift deed that could be drafted effectively by taking the support of a legal professional who would specify the name of the donor and the donee and other details. To ensure its validity, a gift must be made voluntarily without any consideration that should be stated in the deed.

ii. Acceptance of Gift in Lucknow, Uttar Pradesh – Next, the donee must have accepted the gift during the life of the donor. Any failure to communicate acceptance of the gift may render the gift invalid.

iii. Registration of the Gift Deed in Lucknow, Uttar Pradesh – Finally, it is mandatory to register a gift of immovable property (voluntary in other cases) to register a gift deed for effectuating its transfer. Further, it will also require attestation by at least two parties during the process of registration and post-registration.

• Next, the property subject to the gift deed must be assessed by an approved valuation professional at the office of the Sub-Registrar;
• Find out the applicable registration fee & stamp duty charges with the help of a professional lawyer or through the official state website. The stamp duty charges vary from state to state as the rates are comparatively lower for women applicants.
• Make a payment of the applicable charges and get the gift deed submitted to the District Sub-Registrar having jurisdiction over the location of the immovable property gifted.
• Finally, registration of the gift deed accompanied by the delivery of the deed with the property to the donee completes the process

What are the crucial clauses to be included in a Gift Deed in Lucknow, Uttar Pradesh?

i. Details of Parties – The gift deed must provide the names & other details such as name, address, and the relationship between the donor and donee including the intention of the donor.

ii. Consideration involved – The gift deed must state that the donor intends to transfer out of his free will and affection towards the donee and there is no consideration involved in the transaction.

iii. Voluntary Transfer – The gift deed should compulsorily mention that the donor is transferring the property and is doing so voluntarily without fear, coercion, or threat from the other party.

iv. The intention of Delivery – The gift deed should have the indication of the intention of the donor about delivery of the possession of the gift property, either expressly or impliedly.

v. Ownership of Property – A gift deed should describe the property including the fact that the property is in existence in present. The donor is the sole & absolute owner of the property and has delivered the possession of the gift property to the receiving property.

vi. Rights of the Parties – The gift deed should also prescribe the respective rights of the donor & donee in pursuance of the transfer such as taking proper care & periodical maintenance of the property, enjoying the property, or mortgaging the property.

vii. Acceptance by Donee – The gift deed should state that the donee has willingly accepted the gift of the property and has acquired ownership.

viii. Revocation – Though, it is not necessary to have a revocation clause, the parties may mutually decide whether or not the gift deed would be revocable to avoid any conflict in the future.

Documents Required for Registration of Gift Deed in Lucknow, Uttar Pradesh

• Copies of the proof of the identification of parties such as PAN, Aadhaar, Driving License, etc.
• Original documents related to the ownership of property.
• NOC, in cases where the property is agricultural land.
• Copy of affidavit affirming the legitimacy of the deed as regulated under section 22A of the Registration Act, 1908

What are the Tax Implications of Gift Deed in Lucknow, Uttar Pradesh?

Gifts of immovable property in Lucknow, Uttar Pradesh are taxable under section 56(2)(x) of the Income Tax Act, 1961. Therefore, sub-clause (a) to section 56(2)(x), whenever a person accepts a sum of money exceeding Rs.50,000 without any consideration in form of a gift, the whole sum will be taxed in the hands of the recipient under head ‘Income from other sources.

But, where a person accepts an immovable property without consideration as a gift and the value of stamp duty value of the gift deed exceeds Rs.50, 000, then an amount equal to the Stamp duty value shall be charged as tax from the donee.

However, there are certain exceptions to the taxability of gifts fulfilling which no tax shall be levied on the donee, which have been provided below-

• Where the gift has been received from any relative;
• The gift is received on some special occasions such as the marriage of the donee, or
• The gift is being received in pursuance of a will or through inheritance, or
• The gift is being received in contemplation of the death of the donor, or
• The gift is being received from a local authority as provided under the provisions of the
• If the gift is being received from any fund, university, foundation, other educational institution, other medical institution, hospital, trust, or institution as defined under the provisions of Section 10(23C) of the Income Tax Act,
• If the gift is being received from any trust or charitable university as provided under section 12A or 12AA, or
• If the gift is being received by a person from a private trust solely created for the benefit of the relative of the donee.

Can a gift deed be revoked in Lucknow, Uttar Pradesh?

Generally, once registered it is not possible to revoke a gift deed, but there is one exception to this rule. If the donor expressly reserves the right to revoke the deed under any specific circumstances or at any certain point of time and the donee accepts the gift with the condition, it could be revoked under the provisions of section 126 of the Transfer of Property Act, 1882.

Further, section 126 of the Act also specifies the ways of revocation of a gift, which includes-

i. Revocation by mutual agreement between parties in Lucknow, Uttar Pradesh.

ii. Revocation by rescission as a contract in Lucknow, Uttar Pradesh.

i. Revocation by mutual agreement in Lucknow, Uttar Pradesh

If the parties have agreed mutually to revoke the deed on happening at a certain event or a certain point in time, then the gift deed shall be revocable. However, to ensure its effect the conditions should be specified along with the fact that non-compliance with the conditions would lead to termination of the agreement and the donor may revoke the deed.

Even if the parties fail to mention the condition in the deed but state the condition in a separate mutual agreement which must be part of the transaction of the gift. In such cases, the condition shall be valid and legally enforceable.

However, one of the parties should not call for the revocation of the deed unless the same was based on any fraud, misrepresentation, undue influence, or the property being an onerous one unilaterally. Even if the gift was received due to the before-mentioned reasons, the onus of proving such fraud or misrepresentation, undue influence, or was onerous shall be on the person who challenges the Gift Deed.

ii. Revocation by the cancellation of contract in Lucknow, Uttar Pradesh

The very basis of the creation of the gift deed is based on the fact that the gift should be made out of the free will of the donor and not due to any coercion or undue influence. Thus, if the donor could prove that there was no free consent towards making the gift, the gift deed will be revoked by the cancellation of the contract. In other words, a gift deed should be in the nature of an express or implied contract, under which an offer is made by the donor and accepted by the donee. If the contract itself is withdrawn or revoked by one part, there seems no question of a transfer of property taking place under the gift deed.

However, one of the parties should not call for the revocation of the deed unless the same was based on any fraud, misrepresentation, undue influence, or the property being an onerous one unilaterally. Even if the gift was received due to the before-mentioned reasons, the onus of proving such fraud or misrepresentation, undue influence, or was onerous shall be on the person who challenges the Gift Deed.

Conclusion of Gift deed registration in Lucknow, Uttar Pradesh

Consequently, the subject matter of gift & drafting a gift deed has been in existence for ages and it has been governed under the rules, regulations, and procedures regarding the Gift lay down in the Transfer of Property Act, 1882. For an effective transfer all the conditions i.e. transfer of certain existing moveable or immoveable property made out of the free will of the donor and without any consideration in return. The donor must be legally competent to effectuate the transfer of property through a gift deed in the lifetime of the donee, otherwise, it would become void in effect. A gift deed must be registered and duly stamped in the office of the sub-registrar. Finally, a deed of the gift once executed and registered, shall not be revoked unless the lifetime of the donee.