Do I have any right to gift my property to any charity or NGO?

—Name withheld on request

Whenever the property is self-acquired, the owner of the property has the right to decide how to deal with it. You can gift it to anyone in your lifetime. If it is to be given to an NGO/charity, the organization should clarify whether it is allowed to accept immovable property as a donation.

The Transfer of Property Act, 1882 defines the concept of ‘gift’ as the transfer of some existing movable or immovable property, voluntarily and without consideration, by one person, to be called the donor, to another, the donee. Said, and accepted by or on behalf of Didi. Such acceptance must be made during the lifetime of the donor and for as long as he is able to give. If the didi dies before it is accepted, the gift is void. As per section 123 of the Transfer of Property Act, for the purpose of gifting immovable property, the transfer must be made by a registered instrument signed by or on behalf of the giver, and certified by at least two witnesses.

Thus, whenever you proceed for the transfer of immovable property to your son or for charity without any consideration, it will be considered as a gift, and should then be entered into an agreement which is to be referred to as the gift deed. known as.

In other clauses, it is important to mention that you are the owner of the property, describe the property, mention whether there are any liabilities on the property, that the gift deed is made without consideration and it is made without any exchange of money. or by coercion or fraud.

The gift deed must be executed between you and the recipient. It is advisable that the deed is stamped with proper stamp duty. Also, the gift deed should be signed by the donor, didi and at least two witnesses. And finally, it should be registered with the Sub-Registrar of Assurance or the appropriate registering authority for such property.

Neha Pathak is the Head of Trust and Estate Planning at Motilal Oswal Private Wealth.

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