Gift deed registration in Raipur, Chhattisgarh – charges, process, documents

Overview of Gift deed registration in Raipur, Chhattisgarh

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 Raipur, Chhattisgarh? 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.

Chhattisgarh is an entirely landlocked and heavily forested state located in Central India. Earlier, Chhattisgarh used to be part of Madhya Pradesh, and on the first November 2000, it was granted statehood. In terms of area, Chhattisgarh is the 9th largest state and 17th most populous state in the country. Besides this, the state has the third-largest forest cover in the country, and it is surrounded by Madhya Pradesh, Maharashtra, Jharkhand, Odisha, and Telangana. Chhattisgarh also has the third-largest coal reserve in India. It is among the fastest developing states in India, is also rich in resources, and supplies electricity, coal, and steel to the rest of the country. Above all, Chhattisgarh won the title of the cleanest state in ‘Swachh Sarvekshan 2020.’
The economy of Chhattisgarh is the 17th largest state economy in India. Agriculture and industrial production are the key factors in enhancing the economy of Chhattisgarh. Talking about agriculture mainly, it is the chief economic occupation of Chhattisgarh. Most farmers in Chhattisgarh still practice agriculture through traditional cultivation and irrigation methods, which results in low growth rates and productivity. The complete modernization of Chhattisgarh Agriculture is yet to be achieved. For better implementation and growth, farmers must be aware of agriculture development and modern technologies. About 80% of the Chhattisgarh population is rural, and their main livelihood is agriculture or agriculture-based small industries. Top agriculture products grown in Chhattisgarh are rice, maize, small millets, pulses, oil seeds, groundnut, soya beans, sunflower, etc. Chhattisgarh is also known as the rice bowl of Central India.
The industrial sector is the second primary sector that contributes to the economy of Chhattisgarh. The industrial sector of Chhattisgarh consists of the power sector, steel sector, and aluminum sector.Chhattisgarh is counted among the states where the power is effectively developed. The Chhattisgarh State Electricity Board (CSEB) is efficient in meeting the electricity requirement of the state and holds a very good financial position.
Capital- Chhattisgarh

The startup ecosystem in Chhattisgarh
With an excellent education ecosystem, Chhattisgarh is registered as one of the fastest-growing states in India. The Chhattisgarh government has successfully been able to keep pace with the startup trend where the startups will be the future of social innovation. Chhattisgarh government has aspirations to become a global epicenter for entrepreneurship and innovation. So, the government is promoting sustainable and inclusive growth to enhance Global competitiveness by harnessing Research and Technology. To achieve this target, the Chhattisgarh government launched the ‘Chhattisgarh Innovation and Entrepreneurship Development Policy’ in 2016. The motive of the policy is to create a conducive environment for innovation and entrepreneurship.
The objectives of the Chhattisgarh Innovation and entrepreneurship development policy are as follows: –
The Chhattisgarh government wants to set up at least 100 Ventures through the policy.
The policy targets establishing accelerators/technology business incubators in the state to develop a robust startup ecosystem.
Through the policy, the government will link large innovative companies with the state and establish a startup infrastructure. The startup infrastructure will include accelerators, incubators, and research and development spaces.
To build a strong startup ecosystem, the Chhattisgarh government is conducting startup bootcamps in academics covering schools and Universities.
Through the startup policy of Chhattisgarh, the government wants to promote gender equality by encouraging and inviting women into the field of entrepreneurship.
The target of the policy is to make Chhattisgarh one of the top hubs of innovation and entrepreneurship in Asia and the world.

Startup ideas in Chhattisgarh
Agriculture and industries are the primary sources of economic development in Chhattisgarh. Besides this, the state is the country’s primary source of steel and electricity. So, if you are planning to start a business in Chhattisgarh, then here are a few startup ideas in Chhattisgarh that one can try:-

Sunflower farming
Chhattisgarh is naturally suitable for growing sunflowers, and the climatic conditions and soil provide the ideal sunflower farming environment. You can start a sunflower plantation or a sunflower oil extraction business. Sunflower farming is a very profitable business; compared to other vegetable oil, sunflower oil is considered a premium oil. So, if you combine sunflower farming with the sunflower oil extraction business, you can yield high profits.

Agribusiness
Agriculture is the primary and the most popular source of livelihood in India and Chhattisgarh. The fact that agriculture is the primary source of income in Chhattisgarh makes the agriculture and food processing business in Chhattisgarh a profitable business idea. If you have empty land suitable for cultivation, you can immediately start agriculture and sell those fruits and vegetables in the market. Besides this, you can also try your hands in the fisheries, meat, and poultry processing business. The agriculture and food processing business requires low investment and can help you earn long-term profits.

Cement plant and franchise
A cement franchise is also a good startup idea in Chhattisgarh. To set up cement plants in Chhattisgarh, one must have a lot of capital to invest in the cement franchise business. Though the cement plants are expensive to set up, after setting up the business, you can directly contact cement dealership companies like JK, UltraTech, Ambuja, Bangur, etc. Cement plants and cement franchises are profit-making businesses in Chhattisgarh.

Nylon production business
The nylon production business is profit-making as well as a unique idea. If you have technical skills and knowledge about the nylon production process, you can start a nylon production business in Chhattisgarh. First, you need to know that nylon is a prevalent fiber used globally for manufacturing carpets and stockings. It is also used as a raw material in dresses, lingerie, foundation garments, raincoats, blouses, swimwear, curtains, etc. Besides, nylon helps produce engineering polymers. To establish a nylon production business, one needs to put in a lot of effort, but once the business is completely established, it will provide you with high profits.

Steel production business
Being rich in minerals and steel, Chhattisgarh is the ideal destination to start a steel production company. The state is known for good quality steel products with high export value. If you have a basic idea of steel exports, you should try your hands at a steel production company. It is a profit-making business that requires considerable capital to invest.

Mineral business
Chhattisgarh is rich in minerals, so the mineral business in Chhattisgarh is undoubtedly an excellent startup idea. To start a mining business in Chhattisgarh, you must register it first. Besides the registration process, you should also know how to supply and export the mined products in the nearby markets. The knowledge of exporting minerals is essential to making the mineral business successful.

Essentials of a Gift Deed in Raipur, Chhattisgarh

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 Raipur, Chhattisgarh 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 Raipur, Chhattisgarh– What is the difference?

Which properties could be transferred through a Gift Deed in Raipur, Chhattisgarh?

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 Raipur, Chhattisgarh?

As provided above, registration of the immovable property in Raipur, Chhattisgarh 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 Raipur, Chhattisgarh – 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 Raipur, Chhattisgarh – 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 Raipur, Chhattisgarh – 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 Raipur, Chhattisgarh?

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 Raipur, Chhattisgarh

• 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 Raipur, Chhattisgarh?

Gifts of immovable property in Raipur, Chhattisgarh 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 Raipur, Chhattisgarh?

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 Raipur, Chhattisgarh.

ii. Revocation by rescission as a contract in Raipur, Chhattisgarh.

i. Revocation by mutual agreement in Raipur, Chhattisgarh

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 Raipur, Chhattisgarh

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 Raipur, Chhattisgarh

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.