Sorry to say that this is inaccurate. Any gift made has to be in accordance with the laws of the land where the gift is made. To illustrate common law unions are not recognized in many countries. If an applicant claims that he is in a common law relationship from a country where it is not recognized, it will not be accepted by IRCC. Similarly, the gift deed has to be in accordance with the law so where the gift was made.
For India:
As per the Transfer of Property Act, 1882 (the law in India which governs transfer of movable and immovable property) in Chapter VII (which deals with Gifts) Section 123 clearly states:
123. Transfer how effected
For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.
For the purpose of making a gift of movable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.
Such delivery may be made in the same way as goods sold may be delivered.
So in effect, there is no requirement for a written instrument. However, to show evidence of the gift to IRCC, a written instrument is required.
A gift deed or an affidavit is sufficient, as both, the stamp paper and the gift deed are executed on a Rs. 100 stamp paper, and the stamp paper is registered in the name of the person who is executing the document, i.e. the donor.
Further, section 122 defines a gift and lays down the requirement for how the gift is made:
122. "Gift" defined
"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 or on behalf of the donee.
Acceptance when to be made-Such acceptance must be made during the lifetime of the donor and while he is still capable of giving.
If the donee dies before acceptance, the gift is void.
The basic requirements that you need to show in a gift deed are:
a. The transfer should be made voluntarily;
b. without consideration (no expectation of money or other favours); and
c . an acceptance by the donee.
GIFT DEED
I, _________________ (name of donor), S/o _________________ (father’s name), R/o _____________________ (address), do hereby on dated __________ make a gift-deed for a gift made on dated of ___________, Rs. ______/- (Rupees in word) out of love and affection to my ____________ (mention the relationship & name of receiver), S/o or W/o _______________, R/o _________________________.
I confirm that I am a resident Indian. I, further confirm that this gift is being made out of my own funds standing to the credit of my A/c No.- __________ in ____________(mention the Bank name & address).
I, further confirm that the consideration for this gift is the love and affection for my ____________________ (mention the relationship & name of receiver) and no other consideration.
I am an Income Tax assessee having PAN # (enter PAN number) and this gift is made out of my past savings from (profession / business / savings from salary etc.) in India.
I further confirm that the gift has been made by Cheque No ___________ dated _______ drawn on ___________________________ (mention the Bank name & address). This gift is irrevocable and I have no claim left whatsoever on the said gifted amount and he/she is free to utilize it in any manner.
PLACE:
DATED:
Witness 1:
Witness 2:
_______________________ (Donor name)
The gift as stated above is accepted ______________________ (Name of receiver)
