• Gift from NRI son from their previous earned indian income

If an NRI son gifts / transfers an amount to his father's bank account by cheque or online from his previously earned & saved income in India, what format has to be used for GIFT DEED, since Gift from relative is Tax free.
Asked 4 years ago in Income Tax from Mumbai, Maharashtra

A gift deed is an agreement used when a person wishes to gift his asset (property or money) to someone. It is the transfer of certain existing (not future) moveable or immoveable property made voluntarily and without any consideration from one person (called ‘donor’) to another (called ‘donee’). As per law, the title in a property cannot be delivered without a written instrument even when its value is small. Therefore, such deed is important to obtain and execute .

As per my view there is no defined format of gift deed in case of a gift by son to his father. But as per section 22 of Transfer of Property Act, a gift deed shall have the following essential elements:

Transfer of Property

No consideration (as it is just a gift)

Acceptance by the done

Thus a person can make a gift deed based on the above elements in it and shall be accepted by a donee.

Shyam Sunder Modani
CA, Hyderabad
1408 Answers
110 Consultations

5.0 on 5.0

There is no specific format of the Gift deed . Only the requirement is that those detail and information are required to reflect the lucid transaction of gift should be stated candidly and without any ambiguity . After that the deed should support the actual transaction .

Prakash Sinha
CA, New Delhi Area, India
120 Answers
17 Consultations

4.9 on 5.0

Only a Declaration from son should suffice even on a plain paper.

Anil Bedi
CA, New Delhi
10 Answers

Not rated

Gift deed is not a mandatory document but only supporting document. You can approach any CA nereby and get his help in drafting the deed.

Shashank Surana
CA, Chennai
60 Answers
4 Consultations

4.3 on 5.0

There is no specific format. The NRI can just exchange correspondence mentioning his intention to gift the amounts to his relatives.

B Vijaya Kumar
CA, Hyderabad
891 Answers
67 Consultations

5.0 on 5.0

There is no specific format for gift deed.

Ankit Jain
CA, New Delhi
32 Answers
3 Consultations

4.9 on 5.0

As there is no need for any gift deed. And if you wish so it will be in very simple format.

Kavit Dilip Gadhia
CA, Mumbai
35 Answers

4.6 on 5.0

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