| Deeds. | : | GIFT DEED |
|---|
THIS DEED OF GIFT is made on this ___ day of _______, 20, at _____________.
BY:
[Donor’s Full Name],
residing at [Address],
holding PAN [________],
(hereinafter referred to as the “Donor”, which expression shall, unless repugnant to the context or meaning thereof, include his/her heirs, executors, administrators, and assigns)
IN FAVOUR OF:
[Donee’s Full Name],
residing at [Address],
holding PAN [________],
(hereinafter referred to as the “Donee”, which expression shall, unless repugnant to the context or meaning thereof, include his/her heirs, executors, administrators, and assigns)
The Donor is the legal and beneficial owner of certain shares in [Name of Company], a company incorporated under the Companies Act, [1956/2013], having its registered office at [Address], (hereinafter referred to as the “Company”).
The Donor desires to gift, and the Donee agrees to accept, the said shares without any monetary consideration, as a voluntary gift out of natural love and affection / as per mutual understanding (select as applicable).
The transfer of shares is in compliance with the applicable provisions of the Companies Act, 2013, the Income-tax Act, 1961, the Foreign Exchange Management Act, 1999 (if applicable), and rules made thereunder.
Gift of Shares
The Donor hereby voluntarily and without any consideration transfers by way of gift unto the Donee, the following shares (hereinafter referred to as the “Gifted Shares”):
Name of Company: [___________]
Type of Company: [Public / Private / Listed / Unlisted]
CIN: [__________]
Type of Shares: [Equity / Preference / Fully-paid / Partly-paid]
Number of Shares: [__________]
Face Value: Rs. [_____] per share
Distinctive Nos. / Folio No. / ISIN (for demat shares): [__________]
Mode of Holding: [Physical / Dematerialized]
Consideration
This transfer is made without any monetary consideration, as a gift, and not in lieu of any past, present, or future obligation.
Acceptance
The Donee hereby accepts the above-mentioned shares as a gift from the Donor and acknowledges that the shares are received voluntarily and without coercion.
Warranties by Donor
The Donor represents and warrants that:
He/She is the sole and absolute owner of the Gifted Shares;
The Gifted Shares are free from any lien, charge, pledge, or encumbrance;
He/She has the full right, title, and authority to gift the shares;
All applicable consents and approvals (including from the Board of the Company, if required) have been or will be obtained.
Compliance and Taxes
The parties acknowledge that this gift transaction is subject to provisions of Section 56(2)(x) of the Income-tax Act, 1961.
The Donee affirms that the transaction qualifies for exemption, being a gift from a “relative” as defined under Explanation to Section 56(2)(x), or otherwise exempt as per law.
The parties undertake to comply with applicable FEMA regulations, if either party is a non-resident or if the Company is subject to sectoral caps or reporting obligations.
The applicable stamp duty, as per the laws of the state of execution, shall be borne and paid by the [Donor / Donee / mutually], and proper stamping shall be ensured for validity.
Board Approval and Company Action
The Donor shall submit necessary documents to the Company, including a copy of this deed, share transfer form (SH-4 or DIS Slip for demat shares), and obtain requisite Board approval, if required. The Company shall thereafter record the transfer in its Register of Members.
Indemnity
The Donor agrees to indemnify the Donee from any loss or liability arising from any defect in title or non-compliance by the Donor.
Governing Law and Jurisdiction
This Deed shall be governed by and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts at [_________].
The Donor and Donee have executed this Deed on the day, month, and year first above written.
DONOR
(Signature): __________________
Name: [__________]
DONEE
(Signature): __________________
Name: [__________]
Name: __________________
Address: __________________
Signature: __________________
Name: __________________
Address: __________________
Signature: __________________
(Attach as applicable)
Copy of Share Certificate(s) / Demat holding statement
Duly filled and signed SH-4 Form / DIS slip
PAN copies of Donor and Donee
Copy of Board Resolution (if required)
Valuation report (if applicable)
Copy of Articles of Association (for private company)
Any FEMA compliance documents (for NRIs / foreign shareholders)
This Deed may be notarized or registered as per the discretion of the parties and the applicable local laws. The parties acknowledge that registration is not mandatory for share transfer deeds but may be undertaken for evidentiary purposes.
