District of Columbia Declaration of Gift with Signed Acceptance by Donee
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How to fill out Declaration Of Gift With Signed Acceptance By Donee?
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FAQ
It is not a legally required document for the exchange of a gift, but rather is used to protect the interests of both parties when a Donor decides to gift something high in value to a Donee.
Remember that once a gift deed has been executed in favour of a recipient you'll have no legal right to cancel or revoke the deed unless there is a specific clause stated within the deed itself.
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."
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.
Registration of Gift DeedThe donor and donee should sign on all pages of the gift deed and must be attested by at least two witnesses. The donee must accept the gift in the lifetime of the donor and when the donor is of sound mind for it to be valid.
A donee may also be a person who is unable to express acceptance. A gift can be made to a child and could be accepted on the child's behalf. The donee must be an ascertainable person. A gift involves the process of giving and taking which are two simultaneous and reciprocal acts.
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.
Section 122 of Transfer of Property Act defines a gift as the transfer of an existing moveable or immovable property. Such transfers must be made voluntarily and without consideration. The transferor is known as the donor and the transferee is called the donee. The gift must be accepted by the donee.
The gift deed can be questioned by filing a suit for declaration in the court of law. However, it will be challenged only if the person is able to establish that the execution of the deed was not as per the wish of the donor and was executed under fraud, coercion,misrepresentation etc.
Notorised gift deed not valid, it has to be register at sub registrar office and stamp duty payable. 3%. Notarized gift deed does not hold any value in the eyes of law and cannot be enforced. Registration of gift deed after payment of requisite stamp duty is mandatory as per law.
