ASSIGNMENT 21

GIFT DEED

INTRODUCTION
Section 122 of the Transfer of Property Act, 1882 defines gift as:

“Gift is the transfer of certain existing movable or immovable property made voluntarily and
without consideration, by one person called the donor, to another, called the donee and
accepted by and on behalf of the done.”

According to Section 123 TPA, 1882, transfer of immovable property through gift will be
effective only by a registered instrument signed by or on behalf of the donee and should be
attested by at least two witnesses.

ESSENTIALS:

1. There must be two persons: to make a gift, there must be two persons, i.e. donor and
done.
2. Gift should be made voluntarily: Gift should be made out of free will and wish and it
should not be under any undue influence, coercion, etc.
3. Transfer of ownership: When a gift is made, the property transfers with the transfer of
ownership.
4. Absence of consideration: a gift should be made without any consideration, i.e. without
taking any monetary value.
5. Gift must be existing and transferable: gift cannot be made of uncertain property or of
future property. The property must be existing and transferable.
6. Donor and done must be living: A gift is intervivos, i.e. between two living persons.
7. Acceptance of the gift by done: when the donee of any gift will accept the gift and
delivery made by the donor on the promised time then that gift will be legally valid.

The following assignment is a Gift Deed.

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 GIFT DEED

This DEED OF GIFT is made at New Delhi on the thirteenth day of April, 2020 by Mr.
Arkaprava Dass S/o Atulya Das R/o 260 E-853 CR Park New Delhi, 110026 (hereinafter
referred to as “the donor”)

IN FAVOR OF

Mr. Ahmad Ammar S/o Mr. Nabeel Ammar R/o A-372 Jal Vayu Vihar, New Delhi 119946
(hereinafter referred to as “the donee”)

WHEREAS the term donor and donee unless repugnant to the context shall mean and
include their representative heirs, successors, executors, administrators, trustees, legal
representatives and assignees.

AND WHEREAS the donor herein is the sole and absolute owner of the immovable property
G-757, Gol Market, New Delhi- 110027 admeasuring 1500 sq. ft. (one thousand five
hundred square feet) hereinafter referred to as the ‘said property’, the market value of which
is Rs. 1,00,00,000/- (rupees one crore only).

AND WHEREAS the donee is the son of the donor.

AND WHEREAS the donor desires to grant the said property to donee as gift in
consideration of natural love and affection subject to the condition hereinafter mentioned.

AND WHEREAS the donee has agreed to accept the gift as is evidenced by her possession
of the said property.

NOW THIS DEED WITNESSETH:

That the donor, without any monetary consideration and in consideration of natural love and
affection which the donor bears to the donee hereby grant and transfer by way of gift, the said
property situated at G-757, Gol Market, New Delhi- 110027 together with all the things
permanently attached thereto or standing thereon and all the liberties, privileges, easements
and advantages appurtenant thereto all the estates, rights, title, interest, use, inheritance,
possession, benefits, claims and demand whatsoever of the donor TO HAVE AND HOLD
the same onto the use of the donee absolutely but subject to the payment of all taxes,
assessments, dues and duties now and hereafter chargeable thereon to the government or local
authorities.

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WHEREAS the donor hereby, covenant with the donee:

(i) That the donor now has in himself absolute right, full power and absolute
authority to grant the said property hereby granted as gift in the manner aforesaid.
(ii) That the donee may at all times hereinafter peacefully and quietly enter upon, take
possession of the said property and enjoy the said property as he deems fit without
any interruption, claim or demand whatsoever from or by the donor or his heirs,
executors, administrators and assignees or any person or persons lawfully
claiming or to claim by/from under or in trust for the donor.
(iii) And further that the donor and all persons having or lawfully claiming any estate
or interest whatsoever to the said property and premises or any part thereof from
under or in trust for the donor or his heirs, executors, administrators, assignees or
any of them shall and will from time to time and at all times hereafter at the
request and cost of the donee do and execute or cause to be done and executed all
such further and other acts, deed, things, conveyances and assurances in law
whatsoever for better and more perfectly assuring the said property to the use of
the donee in the manner aforesaid as by the donee, her heirs, executors and
assignees or counsels in law shall be reasonably required.

IN WITNESSES WHEREOF the donor as well as the donee (by way of acceptance of the
said gift) have put their respective hands the day, month and year first hereinabove
mentioned.

Signed and delivered by:

Arkaprava Dass

(DONOR)

Signed and delivered by:

Ahmad Ammar

(DONEE)

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 WITNESSES:

(1) Naina Nijjar

D/o Mr. Taran Nijjar
R/o U-737, Azadpur
New Delhi- 110027

(2) Sanjay Kumar

S/o Atul Kumar
R/o 334, Thapar Nagar
New Delhi-110027