To register, stamp duty and registration charges must be paid, which vary by state. In many states, concessional stamp duty is offered when property is gifted to close family members, such as sons or daughters. Legal experts advise verifying state-specific rules before executing the deed, as non-compliance can lead to complications or even rejection of the document.
A key area of confusion is mutation. Mutation is the process of updating property records in local municipal or revenue offices after ownership changes. While it is important for tax purposes and maintaining accurate land records, mutation does not establish legal ownership. Courts, including the Supreme Court of India, have consistently held that ownership is determined by valid legal documents like a registered gift deed, not by mutation entries.
Another important aspect is the nature of the property being gifted. If the property is self-acquired, the owner has full rights to gift it to anyone, including a son. However, in the case of ancestral property, the rights of other legal heirs must be considered. A person cannot unilaterally gift ancestral property if it affects the share of other coparceners under Hindu law.
Experts also point out that once a gift deed is executed and registered, it is generally irrevocable. Revocation is possible only if specific conditions are clearly mentioned in the deed and agreed upon by both parties. This makes it crucial for individuals to carefully draft the document, preferably with legal assistance, to avoid unintended consequences later.
Tax implications should also be kept in mind. Under the Income Tax Act, 1961, gifts received from specified relatives, including parents, are exempt from income tax. However, future income generated from the property, such as rent, will be taxable in the hands of the recipient.