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Gift Agreement Between Individuals Template for India

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Key Requirements PROMPT example:

Gift Agreement Between Individuals

"I need a Gift Agreement Between Individuals for transferring my ancestral residential property in Mumbai to my daughter, effective March 15, 2025; the property is currently unencumbered and valued at Rs. 2.5 crores."

Document background
The Gift Agreement Between Individuals is a crucial legal document used in India when one person wishes to transfer property to another without receiving anything in return. This document is essential for ensuring compliance with the Transfer of Property Act, 1882, and other relevant Indian laws, including state-specific regulations. It's commonly used for transfers between family members, charitable giving, or estate planning purposes. The agreement must include specific elements such as clear identification of the parties, detailed property description, explicit declaration of the gift, and proper execution requirements. For immovable property, registration is mandatory under the Registration Act, 1908. The document also needs to address potential tax implications under the Income Tax Act, particularly for gifts exceeding certain value thresholds. When properly executed, this agreement provides legal protection to both parties and creates a clear record of the property transfer.
Suggested Sections

1. Parties: Identification of the donor and donee with their full names, ages, addresses, and other relevant details

2. Background: Brief context about the relationship between parties and the donor's intention to make the gift

3. Definitions: Definitions of key terms used in the agreement, including 'Gift Property', 'Effective Date', and other relevant terms

4. Subject Matter of Gift: Clear and detailed description of the property being gifted, including all relevant identifying details

5. Declaration of Gift: Express statement of the donor's voluntary intention to transfer the property without consideration

6. Acceptance: Clear statement of the donee's acceptance of the gift

7. Transfer of Rights: Details of all rights, titles, and interests being transferred to the donee

8. Possession and Delivery: Terms regarding the transfer of physical possession or constructive delivery of the gift

9. Donor's Warranties: Warranties regarding ownership, right to transfer, and freedom from encumbrances

10. Registration and Compliance: Provisions regarding registration requirements and compliance with applicable laws

11. Governing Law: Specification that the agreement is governed by Indian law

12. Execution: Signature blocks for parties and witnesses

Optional Sections

1. Tax Implications: Section addressing tax responsibilities - include when gift value exceeds taxable threshold

2. Family Settlement: Additional provisions when the gift is part of a larger family arrangement

3. Conditions: Any lawful conditions attached to the gift - include only if the gift is conditional

4. Power of Attorney: Authorization provisions if any party is acting through an attorney - include when relevant

5. Property Management: Interim arrangements for property management - relevant for complex properties

6. Existing Tenancies: Details of any existing leases or tenancies - include for gifted properties with tenants

7. Ancestral Property Declaration: Special declarations for gifting ancestral property - include when applicable

8. Religious Law Compliance: Specific provisions to comply with personal laws - include based on parties' religion

Suggested Schedules

1. Schedule A - Property Description: Detailed description of the gifted property including boundaries, measurements, and identifying features

2. Schedule B - Title Documents: List of all title documents relating to the property being transferred

3. Schedule C - Encumbrance Certificate: Recent encumbrance certificate showing clear title

4. Schedule D - Property Tax Receipts: Copies of recent property tax payments and other compliance documents

5. Schedule E - Previous Transfers: History of previous transfers of the property, if relevant

6. Schedule F - Photographs: Recent photographs of the property (for immovable property)

7. Appendix 1 - Valuation Report: Independent valuation report of the gifted property

8. Appendix 2 - Family Tree: Family tree showing relationship between parties, if gift is between relatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses

























Relevant Industries

Real Estate

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Financial Services

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Real Estate Services

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Family Office

Relevant Roles

Legal Counsel

Property Lawyer

Estate Planning Attorney

Wealth Manager

Tax Consultant

Property Valuer

Real Estate Attorney

Notary Public

Legal Documentation Specialist

Family Law Specialist

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Private Banking Relationship Manager

Property Registration Officer

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