Yes, under the Indian Registration Act, 1908, registration is mandatory for a Gift Deed to be legally valid. Without registration, the transfer is not recognized by law and cannot be enforced.
Yes. Since a gift deed is executed during the individual's lifetime, it takes precedence over any instructions in a will. If an asset mentioned in the will has already been transferred through a gift deed, the recipient of the gift deed retains ownership, even if the will designates that asset to someone else.
Both the donor and the donee should be adults. The property being gifted should be an existing and tangible property. The donor should have a clear title of ownership for the property. The property should be registered, and the donor must provide relevant documents for the gift deed.
(Date) Dear (Donor): I have received your "Offer of Gift," dated ___________________, by which you, on behalf of the (Name of Company), offered to convey (Description of Property) to the United States of America as a gift. I accept with pleasure your gift and conveyance of the (Property), pursuant to 10 U.S.C. 2601.
Ing to IRS regulations, if the aggregate amount received from the nonresident exceeds $100,000 during the taxable year, the gift needs to be reported. No taxes are due; this is just a filing/reporting requirement.
Important Rules to Remember The gift must be voluntary and without any monetary transaction. Both parties should be of legal age and present during registration. Only existing properties can be gifted; future interests are not allowed. Registration ensures legal enforceability and protects against disputes.
Include in ITR: Report the taxable value of the income tax gift under the "Income from Other Sources" category in your ITR. Compute Tax Liability: The taxable value of the gift is added to your total income for the financial year. Use your income tax slab rate to calculate the tax liability.