how to register gift deed for property in Kohima sub registrar office

Detailed Legal Analysis

To register a gift deed for property in the Kohima sub-registrar office, one must follow a series of steps as outlined under the Indian Registration Act, 1908 and the Transfer of Property Act, 1882.

Here are the steps and requirements for registering a gift deed:

• Drafting the Gift Deed:
  • The gift deed must be in writing and should clearly describe the property being gifted.
  • It should include details of both the donor (the person giving the gift) and the donee (the person receiving the gift).
  • The deed should state that the transfer is made voluntarily, without any coercion or consideration.
• Stamp Duty Payment:
  • Under the Indian Stamp Act, 1899, a gift deed is subject to stamp duty, which varies by state. In Nagaland, the applicable rate for the gift of immovable property is typically 0.5% of the market value of the property.
  • The stamp duty must be paid at the time of registration, and the relevant stamp paper should be purchased accordingly.
• Execution of the Deed:
  • The gift deed must be signed by the donor and should be attested by at least two witnesses as per Section 123 of the Transfer of Property Act, 1882.
  • Ensure that the donor has the capacity to gift the property and that the property is free from encumbrances.
• Visiting the Sub-Registrar Office:
  • Take the executed gift deed along with the required documents, such as identity proof, address proof, and proof of ownership of the property.
  • Visit the local sub-registrar office in Kohima where the property is situated.
  • Submit the gift deed for registration. It must be done within four months of execution as per Section 23 of the Registration Act, 1908.
• Registration Process:
  • The sub-registrar will verify the documents and may ask for additional information.
  • Once verified, the gift deed will be registered, and a registration number will be provided.
  • The registered gift deed will then be returned to the parties involved, and an entry will be made in the register maintained by the sub-registrar.

After the registration, the deed serves as a legal proof of the transfer of property and can be used for future transactions.