We are used to many kinds of gifts but when it comes to gifting immovable property the matter takes on a different dimension altogether. It is not like other gifts where the gift item can be carried to the intended party. It is generally a property or an asset that is known as immovable gifts. Obviously, you cannot imagine moving a house or a property for gifting to the chosen party. The problem is not so much when the party who is gifting the property is alive and well. The problem arises when the property owner dies and there is no proper documentation regarding the immovable gift. There are many instances where the property owner decides to gift the immovable property to someone who is not part of his or her immediate family. It is purely the property owner’s decision as to who will be getting the immovable gift or whether it should be distributed amongst more than one person. Technically the person who is gifting the property is known as the doner and the receiver is known as the donee. There should always be valid documents which should support this transfer of ownership so that later there are no disputes created by any party of both the doner family and the donee.

Generally, properties and valuables that cannot be moved from one place to another have considerable worth. Therefore it is a matter of caution that there should be supporting documents about the legal transfer of ownership which in other words we are referring to as gifting. Since this is a matter which involves a considerable amount of money it is better to seek the advice of a lawyer or an attorney who is experienced in such matters. They are also known as gift law attorney as they help on drawing up all the necessary documents and prepares all the legal papers that are related to the gifting. There are certain clauses that should be kept in mind while drawing up such a document so that latter there are no unnecessary disputes regarding the same. This is quite natural as where there is a considerable sum of money involved people will always have their claim over it. Therefore, the legal documentation part is not to be ignored and the help of an experienced lawyer should be taken who would guide both the parties about the official aspects of such gifting.

There is also the matter of authorized witnesses because it is important to ensure that the donee decided to gift the property on his or her own free will. The fact that there were no outside forces, or coercion, or any binding, emotional blackmailing has to be established through the witnesses. It has to be also established that both the parties are alive when the transaction is taking place as the gifting will be null and void if one of the parties expire before the completion of the whole process. Additionally, it has to be ensured that the donee is also under no pressure to accept the gift. It cannot be a situation where the donee is being coerced into receiving the gift in exchange for some work or favor that has been forcefully promised out of the donee. It is, therefore, the responsibility of the gift law attorney to make sure that the entire documentation is prepared in such a way that no third party can contest it later. All the matters are investigated and taken into consideration while preparing the legal papers and hence the role of a lawyer is of paramount importance.

Author's Bio: 

The writer of this article Chiranjit Roy is a gift law attorney who has been practicing in this particular field for the past three decades and has thorough knowledge regarding the rules and regulations related to gifting immovable properties and assets.