Gift Deed Registration in West Bengal

At first, we will gather knowledge that “what is a gift and other relevant topics related to it”. The gift is defined under section 122 of the Transfer of Property Act, 1882. The gift is the transfer of property that is immovable and movable property to another person without any consideration and this is also done voluntarily. In simple words, it says that when a person gives his property to any other person and in return takes nothing from that person or individual. The individual or person who gifts the property is known as a donor and the person or individual who accepts the property is known as donee. If the donor is willing to gift his property then he or she should gift it while they are alive and the person who is called as donee must accept the property before his or her death. The gift is completed when the donor gifts the property willingly without any consideration and the donee accepts the gift property on the other hand. Now we will discuss the concept of “Gift Deed”. “A gift deed is a legal document which has the record of the transfer of property by gift between the donor and donee.”

Essentials of valid Gift:

1. It must be made between the donor (Owner of the property) and donee who accepts it.
2. It should be made voluntarily and without any consideration.
3. The transfer of the ownership of the property must be absolute and the property must have existence.
4. A gift must be accepted when the donor is alive and before the death of donee.
5. Gift deed must be registered from the registrar.

Properties which can be gifted:

1. Movable property
2. Immovable property
3. Transferable property
4. Existing property
5. Tangible property

Documents Required for Gift Deed Registration:

1. Original gift deed to be executed
2. Original sale deed of the property
3. Encumbrance certificate
4. PAN card of both the parties
5. Aadhar card
6. 2 witnesses at the time of execution of the deed
7. Other documents which the competent authority may need

Stamp Duty:

The stamp duty must be paid to get the gift deed registered from the office of the registrar.

1. In Municipal areas of West Bengal, the stamp duty for a gift in favour of family members is 0.5% and for others 0.6%. of the government market value of the property.
2. In Panchayat areas in West Bengal, the stamp duty for a gift in favour of family members is 0.5% and for others, it is 0.5% of the government market value.

Registration Fees for Gift Deed Registration:

1. In Municipal areas of West Bengal, the registration fee for gift deed is 1% of the government market value of the property.
2. In Panchayat areas of West Bengal, the registration fee for the gift deed is 1% of the government market value of the property.

Steps to follow for Online Registration of Gift Deed:

1. At first, browse the West Bengal Registration Website and then open the website.
2. Now fill up the “Requisition form” which is given under the “eRequisition form filing/modification” and then you will get a query number which is required to register the gift deed.
3. Now, click on the “eRegistration Deed” which is given under the “Registration of Deed”.
4. Click on the “Preparation and Submission of e-deed” and then click on “Proceed” and under here you have to fill up the details such as query number, applicant name phone number and then you have to click on “Proceed”. Now, you have to provide them all the details which are mentioned on the screen such as property details, witness’s details, the boundary of the property details, map of the property, photo and ten fingerprint sheet and so on. The drafted deed can be printed or downloaded from the system.
5. Now is the process for execution of e-deed.  Electronic execution of the deed can be done under here for those who have Aadhar card number and those who don’t have an Aadhar card number they can sign on the execution sheet which is prepared by the system and this execution sheet must be presented before the registering officer after it is signed by both the persons.
6. This step says you to pay the stamp duty and fees. You will get an option on the same website for “e-Payment of Stamp Duty and fees” just click on this option and follow the steps to pay the stamp duty and fees for registration.
7. This step tells you to submit the deed. There is an option for “e-Submission of the deed” which you will get after the previous step. Now, you have to ‘Check Payment’ entering GRN and then submit the e-Deed for registration.
8. Now you have to present the deed to the competent authority which is situated in your locality.
9. After investigating the documents the registrar may accept the deed or reject the deed and if he rejects the deed then you have to modify the deed and re-submit it again for registration.
10. Now, you will get a registered deed from the competent authority. A printed deed will be given to you or you can download it from the same website. There will be two files – e-Signed deed submitted by you and system-generated endorsements and certificate of registration.

The below image will be shown when you fill-up the e-Requisition form and under this head you have to select the “gift” option.

Difference between Gift deed and other deeds:

1. A gift deed is created without any consideration but there are considerations in other deeds.
2. The stamp duty and fees relating to gift deed is much less than other deeds.
3. It is easy to register a gift deed than registering other deeds.

Conclusion:

We have put great effort to gather information on Gift, Gift Deed and its Registration and other relevant topics relating to gift. We have provided all the necessary steps or procedures for registration of gift deed in West Bengal. West Bengal Government has given us a platform for registration of gift deed online (https://wbregistration.gov.in) and we should make use of it because offline registration is  a little bit complicated. It is better to take legal help from a lawyer for the registration of a gift deed.