Gift/Sale Deed

  • Property Related
  • Property

Contact Us Now!

GIFT AND SALE DEED

A gift deed and a sale deed are two types of legal documents that can be used to transfer property ownership in India. A gift deed is a voluntary transfer of property without any consideration, while a sale deed is a transfer of property for a price or other consideration. Both gift deeds and sale deeds must be registered with the Sub-Registrar Office of the area where the property is located to be valid and enforceable.

Some of the main differences between a gift deed and a sale deed are:

Consideration:

A gift deed does not involve any consideration, whereas a sale deed requires a valid consideration, such as money, goods, or services.

Stamp Duty:

A gift deed attracts a lower stamp duty than a sale deed, as it is based on the market value of the property. However, the stamp duty varies from state to state and depends on the relationship between the donor and the donee. A sale deed attracts a higher stamp duty, as it is based on the agreement value or the market value of the property, whichever is higher.

Tax Implications:

A gift deed may be exempt from income tax and gift tax if it is made between certain close relatives, such as parents, spouse, siblings, etc. However, if the gift deed is made between non-relatives, the donee may have to pay income tax on the value of the gift exceeding Rs 50,000 in a year. A sale deed is subject to income tax and capital gains tax, depending on the holding period and the profit or loss from the sale of the property.

Revocation:

A gift deed can be revoked only if the donor can prove that it was made under fraud, coercion, or undue influence, or if the donee fails to fulfill any condition attached to the gift. A sale deed can be revoked only if there is a breach of contract by either party, or if there is a mutual consent to cancel the sale.

Sale deed and gift deed

Similarities

Similarities

Both are instrument of property transfer.

Similarities

Both gift and sale deed come into effect as soon as it is executed.

Similarities

Both need to be registered to have legal sanction.

Similarities

Both are admissible in a court as proof of ownership.

Similarities

Gift deed can be revoked in special circumstances. The same is true for sale deed as well.

Sale deed and gift deed

Difference

Difference

Unlike a sale deed, the donor of a gift does not receive money.

Difference

Stamp duty rates are higher for sale deed. In some states, there is no stamp duty on property gifting among relatives.

Difference

Sale attracts capital gains tax. No such tax is applicable on property gifting.

Frequently asked
questions

  • How can Regitimate help me with company registration?
    We assist in the entire company registration process, from choosing the right business structure to preparing and filing the necessary documents. Our experts will guide you through the process to ensure compliance with all relevant laws and regulations.
  • Are your services available to individuals and businesses of all sizes?
    Yes, we cater to both individuals and businesses, regardless of size. Our services are designed to meet the needs of startups, small and medium-sized enterprises (SMEs), and large corporations.
  • What compliance services does Regitimate provide?
    Regitimate helps your business stay compliant with various regulations and requirements, such as annual filings, licenses, permits, and more. We offer ongoing support to ensure your business operates within the legal framework.
  • Can Regitimate handle my tax filings?
    Yes, we offer tax filing services to individuals and businesses. Our tax experts will ensure accurate and timely filing to help you minimize your tax liability while remaining compliant with tax laws.
  • How does Regitimate assist with Intellectual Property (IP) services?
    Our IP services include trademark registration, patent filing, copyright protection, and IP strategy development. We help safeguard your intellectual property assets and provide legal guidance in case of infringement issues.
  • What types of legal documentation does Regitimate prepare?
    We can help you with a wide range of legal documentation, including MOU’s, Agreements & Wills. Our legal experts ensure that your documents are well-drafted and legally sound.
  • What property-related services does Regitimate offer?
    Our property-related services cover property transactions, lease, property registration & verification, Succession & Legal Heir Certificate.
  • How can I get started with Regitimate services?
    To get started, simply contact us through our enquiry form, email, or phone. Our team will assess your needs and guide you through the process of selecting and customizing the services that best suit your requirements.
  • Are your fees competitive, and do you offer customized service packages?
    We offer competitive pricing for our services, and we can create customized service packages tailored to your specific needs and budget. Contact us for a personalized quote.
  • Is Regitimate compliant with data protection and confidentiality standards?
    Yes, we take data protection and confidentiality seriously. We adhere to all relevant data protection laws and have strict confidentiality measures in place to safeguard your sensitive information.
  • How can I reach Regitimate's customer support for assistance?
    You can reach our customer support team by visiting our website's contact page, sending an email, or calling our dedicated customer support hotline.

GEt A Free
Consultation

TRUSTED COMPANIES

The driving force behind our success, each with a unique story of growth and achievement.

Speak With Our
Experts Today!

Book a Consultation