how to register gift deed for property in Cuttack sub registrar office
CH Asked by Charu Singhal from India
Quick Answer
A gift deed for immovable property in Cuttack must be executed and registered under Section 122 of the Transfer of Property Act, 1882, and Section 17 of the Registration Act, 1908.
Detailed Legal Analysis
A gift deed for immovable property in Cuttack must be executed and registered under Section 122 of the Transfer of Property Act, 1882, and Section 17 of the Registration Act, 1908. The donor and donee must appear before the Sub-Registrar with the gift deed, identity proofs, property documents, and witnesses.
The Orissa High Court has held that a gift of immovable property must be registered and accepted during the lifetime of the donor, and an unregistered gift deed is invalid. Odisha Rent Control Act 1962 prescribes the stamp duty payable on gift deeds, which varies depending on the relationship between donor and donee in Odisha.
Stamp duty for gifts to family members is often concessional compared to gifts to non-relatives. The gift deed must describe the property with boundaries and be attested by at least two witnesses.
After registration, mutation of records must be effected in the revenue records.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.