Can we make Gift deed for gift made in the past now?

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Dev Chunky

30 Points Posted on 25 April 2024

Dear Sir/Madam,

I had made a gift of money (via cheque) to my sister in last financial year (FY 2023-24) of 50 Lakhs (in Dec 2023 for purchase of apartment). I had not made a gift deed at that time and I would like to know if I can now make a gift deed for the same? And if yes will it be a problem that the gift deed on stamp paper (100 Rs.) has different date than the date of the cheque / transaction when I gifted the money?

Thanking you!

Replies (4)

Quick Summary

This discussion explores whether a gift deed can be created retrospectively for a monetary gift made in the previous financial year. While a gift deed for immovable property cannot be backdated, a confirmation deed for other assets might be possible. The key concern is whether registering a deed after the transaction date will cause issues.

Dhirajlal Rambhia

SEO Sai Gr. Hosp.

121534 Points Posted on 04 May 2024

Replied elsewhere, duplicate query.

Shantanu Bose

Manager

188 Points Posted on 03 April 2025

Dhirajlal Sir,

I also need the answer to this query, please let me know where the reply to be found. I'm unable to find it.

Thank you Sir

Dhirajlal Rambhia

SEO Sai Gr. Hosp.

121534 Points Posted on 03 April 2025

For immovable property it is not possible on later date; but for amy other a confirmation of gift deed in past can serve the purpose if have confirmation. Registration of any deed after some stipuated period is not allowed.

Aashok Kumar Sharma

Finance/Compliance Consultant

71241 Points Posted on 06 November 2026

Yes, you can document a past gift now, but date it correctly:

• A gift of money is complete on delivery (the cheque cleared in December 2023). For movable property, a written deed isn't legally required (Sec 123 TPA requires registration only for immovable property).

• Execute a "Memorandum / Deed of Confirmation of Gift" now, recording that on [date, December 2023] you gifted Rs 50 lakh by cheque no. ___ to your sister out of natural love and affection, and that she accepted it. Don't backdate the document; the confirmation date is today, and the gift date is stated inside.

• Notarise it; stamp duty varies by State (small for a memorandum).

• Tax: a gift from a brother to a sister is exempt (sister is a "relative", Sec 56(2)(x)). No clubbing (not a spouse). If the sister later buys an apartment with it, her source of funds is explained by the bank trail plus this memorandum.

• Keep the bank statements of both sides.