Gift deed registration in Ranchi, Jharkhand – charges, process, documents

Overview of Gift deed registration in Ranchi, Jharkhand

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 Ranchi, Jharkhand? 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.

Jharkhand is popularly known as “The land of Forest” or “Bushland” and is a favorite place for nature lovers and wildlife fanatics. This state is blessed with unparalleled beauty, such as the hills, mountains, forests, and waterfalls. In short, this state is the perfect place for holidays, especially for people who have a keen affection for the vibes of nature. It is located in the northeastern part of our country. On 15 November 2000, the Jharkhand state was carved out from the state of Bihar under the Bihar Reorganization Act.
Jharkhand shares its boundaries with Bihar in the north, Uttar Pradesh in the northwest, Chhattisgarh in the west, Odisha in the south, and West Bengal in the east. Jharkhand consists of various cities, among which the major ones are the Ranchi, known as ‘the City of Waterfalls’ and, due to its abundant mineral resources, also named ‘Manchester of the East.’ Jamshedpur is known as ‘The Steel City of India’ best place for the investors and industrialists; Hazaribagh is known for the ‘Hazaribagh national park’ and popularly named ‘the City of thousand gardens’ and many more.
It is the 15th largest state in terms of area and the 14th largest in terms of population. Demographically, many languages are spoken; among them, the major one is Hindi. This state is rich in mineral resources and accounts for more than 40% of India’s mineral resources. Jharkhand is among the leading states in terms of economic growth. As per the 2017-18 info, the GDP growth rate of this state is around 10.22%. Agriculture is another sector to stimulate the economy of Jharkhand.
Capital- Ranchi

Top Business Ideas in Jharkhand
Jharkhand has an incredible response mechanism that provides the effective growth of potential business models across the state in the different business niches. The economy of Jharkhand is primarily influenced by the large chunks of land reserved for crop cultivation, coal, and mineral reserves. Hence, this state has immense potential to foster many manufacturing and service-oriented businesses. Not only is Jharkhand known for various new business opportunities, but it also recognizes itself in the 3rd position in terms of ease of doing business.

Manufacturing Business
Jharkhand is a mineral-rich state. The minerals which are present in abundance like iron ore, kainite, asbestos, mica, copper ore, silver, gold, graphite, etc. Due to this abundance presence of minerals provides robust and feasible opportunities for starting up a manufacturing business in Jharkhand. Thus, there is an actual preferable condition for the expansion of your business model as the state has been going through resource depletion. With proper understanding and knowledge of starting the manufacturing business, you utilize the current situation to a favorable outcome.

Organic Food Production Business
As per the current scenario, the prices of organic food are comparatively higher than the food crops that are grown conventionally. Nowadays, people are concerned and aware of their health benefits. As per the latest reports, the everyday diet intake has less nutritional content in it. This is due to the increased use of chemical products like fertilizers, pesticides, etc., in farming practices. As a result, this has led to the rising demand for organically grown food crops. Interested investors or people should have some practical knowledge, experience, and understanding of the business opportunities present in Jharkhand.

Fishery Business
Fishery Business is the most exponential growing business in the food production sector contracted in both domestic and international domains. In short, you can either supply fish in the local market or export abroad. However, remember to contact the processing units beforehand. This is a highly lucrative business model in Jharkhand. Hence, to start the business, you need to choose the type of fish you will harvest, which would depend on the type of fish in greater demand in the market. Next, you have to arrange some necessary things like land, artificial ponds with fully equipped oxygen supply, fish feed, labor, transportation, water supply, maintenance staff, etc.

Alteration Services Business
The women in Jharkhand purposefully prefer the alteration business. This Business requires a few simple things such as a creative mind, sewing skills, and knowledge of measurement. You can easily run this business if you acquire these skills or qualities. Now, it’s upon you who will decide what kind of services you will offer, such as designer wear, casual wear, cushion covers or pillow covers, bedsheets, etc. Investment is required to access sewing machines, land, labor, and raw material. The next thing which you should focus on is how to attract clients for the trade. For this, you must provide good quality services and products with good communication inclination to attract more and more clients.

The startup ecosystem in Jharkhand
The state of Jharkhand has a huge potential for industrialization and the manufacturing sector; about 40% of the state’s mineral resources provide an excellent and exquisite base for the startups. The state attracts investment in the sectors like mining, engineering, iron, steel, metal extraction, etc. For the significant growth of the engineering industry, there is a requirement for abundant raw materials, power, industrial labor, and water. Besides this, the state offers various sites for the scale of horticulture and natural fibers.
The government of Jharkhand aims to create various business opportunities for every bracket of society, and the target is to become the leading avenue for startups by 2022. Hence, to ignite the spirit of creative and effective business ideas and innovation among the people in the state and to convert the ideas into potential business opportunities, the state government came up with a Startup Policy in 2016. This policy aims to create a startup ecosystem, stimulate growth, and foster at least 1000 direct startups and support 1500 startups by 2022.

Essentials of a Gift Deed in Ranchi, Jharkhand

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 Ranchi, Jharkhand 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 Ranchi, Jharkhand– What is the difference?

Which properties could be transferred through a Gift Deed in Ranchi, Jharkhand?

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 Ranchi, Jharkhand?

As provided above, registration of the immovable property in Ranchi, Jharkhand 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 Ranchi, Jharkhand – 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 Ranchi, Jharkhand – 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 Ranchi, Jharkhand – 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 Ranchi, Jharkhand?

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 Ranchi, Jharkhand

• 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 Ranchi, Jharkhand?

Gifts of immovable property in Ranchi, Jharkhand 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 Ranchi, Jharkhand?

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 Ranchi, Jharkhand.

ii. Revocation by rescission as a contract in Ranchi, Jharkhand.

i. Revocation by mutual agreement in Ranchi, Jharkhand

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 Ranchi, Jharkhand

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 Ranchi, Jharkhand

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.