You can gift Shares owned by you to your relative by preparing a gift deed.
Taxability of Gift of money
Aggregate value of cash gifts received without consideration during a financial year (FY) would be taxable as other income in the hands of the recipient if the amount exceeds Rs. 50000/-. However, if the aggregate value of such gifts is less than Rs 50,000/-, then it would be exempt from tax. In addition, gifts from specific relatives like parents, spouse and siblings are also exempt from tax.
Registration of Gift Deed
A Gift Deed is a legal document that represents a transfer of gift from one person to another as per the provisions of the law. Gift Deed is a legally binding written document defined in Section 122 of the Transfer of Property Act, 1822, through which the donor can transfer an existing movable or immovable property to the donee voluntarily. A Gift Deed is valid only if it is given out of love and affection, without any consideration in return by one family member/ friend to another. Also, under Section 17 of the Registration Act, 1908, it is mandatory to have a registered Gift Deed when you want to transfer immovable property.
Sample format of Gift Deed of Shares of Company is given below:
This Deed of Gift made at _________ on this day of ___ 20____.
Smt ________________ W/o Late Sh. _____________ aged __ years resident of ____________, ___________, ___________, New Delhi (hereinafter called the "Donor") of the ONE PART
Shri _____________ Son of Late Sh. _____________ aged about ___, resident of
_________________________________(hereinafter called the "Donee") of the OTHER
WHEREAS the Donee is the son of Donor.
WHEREAS the Donor is the lawful and absolute owner of ________________ Shares of Rs. ___________/- each of _________________, which is fully paid up, as per the details of Share Certificate Numbers, Distinctive Numbers, Number of Shares and other details mentioned below:
(Please enter details of shares here)
AND WHEREAS the Donor out of her natural love and affection for the done, her son, is desirous of making a gift of the above mentioned shares to the Donee.
THIS DEED OF GIFT WITNESSETH AS FOLLOWS
1. In consideration of natural love and affection which the Donor bears for the
Donee, the Donor out of her own free-will and pleasure and in full possession of
her senses, hereby gives, conveys, grants, transfers and confirms into the Donee
all her rights in the aforementioned shares free of all encumbrances.
2. The Donor has hereafter no right what-so-ever in the aforementioned shares or in the income whereof or accretion thereto.
3. The DONOR has delivered possession of the Share Certification of ______ Shares to DONEE this day
4. The DONEE has accepted this Gift
5. The DONOR further declares that the DONEE is entitled to cause necessary transfer in the Company and other public records touching the shares hereby conveyed.
IN WITNESS WHERE OF, the donor has executed the deed of gift and delivered the same to the donee who has also executed the same in token of acceptance.
- Date and Place where the deed is to be executed
- Information about Donor and Donee like Name, Residential Address, Relationship among them, Date of Birth, etc.
- Details about the property
- Two Witnesses and their signatures
- Signatures of Donor and Donee along with the witnesses
The Gift Deed should be printed on the stamp paper of appropriate value
depending upon your state. It can be registered at the office of registrar or
Documents required for Gift Deed registration
After making sure that your Gift Deed is signed, attested by witnesses and you have paid the stamp duty and registration charges as per your state regulations. You need to carry a few other documents:
- Original Gift Deed
- ID Proofs, like Driver License, Passport, etc
- PAN Card
- Aadhar Card
- A document like Sale deed to prove donor title to the Property
- Other Agreements which you might have entered into in relation to property
- The list is not exhaustive, in some states you might need other documents like certificates relating to the value of your property depending on your state.
Legal Notice Formats