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Notarized gift deed prepared for gifting cash or movable property is valid, however notarized gift deed of immovable property is invalid as if gift of immovable property is not registered the ownership could not be pass on to the donee. If you will not pay stamp duty on gift deed it is not enforceable.
Registration of Gift Deed The 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.
Acceptance The final requirement for a valid gift is acceptance, which means that the donee unconditionally agrees to take the gift. It is necessary for the donee to agree at the same time the delivery is made. The gift can, however, be revoked at any time prior to acceptance.
You may accept a gift given under circumstances that make it clear that the gift is motivated by a family relationship or personal friendship rather than your official position.
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.
A donation is a voluntary transfer of property (often money) from the transferor (donor) to the transferee (donee) with no exchange of value (consideration) on the part of the recipient (donee). (The recipient gives nothing in exchange for the donated property.)
Any person of sound mind, and above the age of 18 can be a witness. any least two witnesses should attest in the gift deed . - Since, the said property is self acquired property of your grandfather , then he is having his right to gift you without the interfere of any other legal heirs like your father etc.
Both types of gifts share three elements which must be met in order for the gift to be legally effective: donative intent (the intention of the donor to give the gift to the donee), the delivery of the gift to the donee, and the acceptance of the gift.
Gift Deed and its Registration Process Attested copies of donor's CNIC. Attested copies of donee's CNIC. Original allotment letter. Property tax clearance certificate. No-objection certificate from the local building control authority. Bank draft of PKR 3,000 or 5,000 (the amount varies with each case)
The gift should be made without consideration. It should be voluntarily given by the donor. It should be accepted by the donee during his lifetime.