Gifting of immovable property is a popular mode of transferring
the ownership and possession of one's property in favour of
another without any consideration or money. A 'gift',
defined under Transfer of Property Act (TPA),
1882, is often the mode of transfer between family members.
However, a gift can also be validly made in favour of a person who
is not a family member of the donor.
'Gifting of Property'
A donor can only gift property which he/she owns at the time of
making the gift. In other words, gift of a property which the donor
is yet to fully acquire/own in future or is not in existence, would
not be legally valid. Parties should ensure that the Gift Deed
contains a clear and unambiguous description of the property being
gifted to avoid future disputes. Also, if the donor plans to gift
an undivided share in a property which he/she jointly owns with
one/more persons, the Gift Deed should clearly mention the
percentage of undivided share in the property
