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Irrespective of the value of the property, the gift deed needs to be registered. The document should be attested by two witnesses who have seen the donor signing the document. It is the donor who needs to get it registered and should be attested by two witnesses.
The person who makes a gift is known as the donor. The person who receives a gift is known as the donee. There are three basic time periods during which a person can make a gift.
According to The Transfer of Property Act, 1882, acceptance of gift must be made by the donee during the lifetime of the donor and while the donor is still capable of giving the gift. If the donee dies before accepting the gift, then it is void.
Acceptance of a gift by the donee can be done anytime during the lifetime of the donor. . Section 123 provides that for a gift of immovable property to be valid, the transfer must be effectuated by means of a registered instrument bearing the signature of the donor and attested by at least two witnesses."
Three elements are essential in determining whether or not a gift has been made: delivery, donative intent, and acceptance by the donee.
Hence the signature of the donee is compulsory for registration of gift deed. donor and donee need to sign in presence of two witness in sub registrar office. Any person can gift to any person and for it signature of donee is not necessary but donees acceptance within the lifetime of the donor is mandatory.
For an inter vivos gift to be valid, three elements must be met:There is present donative intent. In other words, the donor intends to make a gift now.The delivery of the gift. Delivery can be a physical delivery or a constructive delivery (things that are not practical to be delivered by hand).Acceptance.
According to The Transfer of Property Act, 1882, acceptance of gift must be made by the donee during the lifetime of the donor and while the donor is still capable of giving the gift. If the donee dies before accepting the gift, then it is void.
According to Section 122 of the Act, the acceptance of a gift should be made while the donor is still capable of giving the gift and during the donor's lifetime. The donee should also accept the gift before he dies. If the donee dies before accepting such gift, then the gift becomes invalid (or void).