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GUIDELINE

Guidelines for Drafting an Affidavit for Pay Money from the Bank as Proof of Gift

Purpose: An affidavit for paying money from the bank as proof of gift is used to legally declare that a sum of money transferred to a recipient is a voluntary gift without any consideration. It serves as a formal declaration to avoid future disputes or tax-related issues.

Where It Is Used:

When gifting money to a family member or friend.

During financial settlements or inheritance processes.

For tax purposes, to prove the transaction is a gift.

To comply with banking or financial institution requirements.

Common Mistakes to Avoid:

Lack of Clarity: Avoid vague statements. Clearly specify the amount, mode of transfer (e.g., bank transfer, cheque), and the recipient’s details.

Missing Supporting Documents: Attach copies of bank statements, gift deeds, or any supporting proof of transfer.

Incorrect Legal Format: Ensure the affidavit follows the correct legal format with proper attestation by a notary or oath commissioner.

False Statements: Providing incorrect information can lead to legal consequences. Ensure all facts are accurate.

Tax Implications Ignored: Be aware of applicable tax exemptions under the Income Tax Act, especially for gifts exceeding ?50,000 in a financial year.

Following these guidelines ensures a legally valid and clear affidavit, minimizing potential legal challenges.

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