Gift Deed Format India
Gift Deed — Transfer of Property Act, 1882 · Section 122
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iGuideline Summary
A gift deed is a legal document through which a person (donor) voluntarily transfers property or assets to another (donee) without any consideration (payment). In India, gift deeds for immovable property are governed by Section 122–129 of the Transfer of Property Act, 1882 and must be registered with the Sub-Registrar under the Registration Act, 1908. Unregistered gift deeds for immovable property have no legal validity. Stamp duty applies and varies by state. Gift deeds are commonly used for property transfers within family — parents to children, spouse transfers, and ancestral property gifts. Transfer of Property Act 1882, Registration Act 1908, and your state Stamp Act.
✎Sample Gift Deed (Full Format)
A complete, ready-to-adapt letter in the format Indian companies, regulators and consumer forums expect. Replace the bracketed placeholders with your own details, or let the free generator fill them in for you.
GIFT DEED THIS DEED OF GIFT is made and executed at [City] on this [DD] day of [Month], 20[YY]. BETWEEN [Donor's Full Name], son/daughter/wife of [Father's or Husband's Name], aged [Age] years, PAN [XXXXXXXXXX], Aadhaar [XXXX XXXX XXXX], residing at [Donor's Complete Address, City, State – PIN], hereinafter referred to as "the DONOR" (which expression shall, unless repugnant to the context, include his/her heirs, executors, administrators and legal representatives) of the ONE PART; AND [Donee's Full Name], son/daughter/wife of [Father's or Husband's Name], aged [Age] years, PAN [XXXXXXXXXX], Aadhaar [XXXX XXXX XXXX], residing at [Donee's Complete Address, City, State – PIN], hereinafter referred to as "the DONEE" (which expression shall, unless repugnant to the context, include his/her heirs, executors, administrators and legal representatives) of the OTHER PART. Relationship between the parties: The Donee is the [son / daughter / spouse / brother / sister] of the Donor. WHEREAS: A. The Donor is the absolute and exclusive owner in possession of the immovable property more particularly described in the Schedule hereunder written (hereinafter "the Schedule Property"), having acquired the same by virtue of [Sale Deed / Partition Deed / Will / Inheritance] dated [DD/MM/YYYY], registered as Document No. [XXXX] of [Year] in the office of the Sub-Registrar at [Location]. B. The Schedule Property is free from all encumbrances, charges, liens, attachments, litigation, acquisition or requisition proceedings. C. Out of natural love and affection which the Donor bears towards the Donee, and without any monetary consideration whatsoever, the Donor is desirous of gifting the Schedule Property to the Donee absolutely. NOW THIS DEED WITNESSETH AS FOLLOWS: 1. In consideration of the natural love and affection which the Donor bears towards the Donee, and without any monetary or other consideration, the Donor hereby grants, transfers, conveys and assigns unto the Donee, absolutely and forever, all his/her right, title and interest in the Schedule Property, TO HAVE AND TO HOLD the same unto the Donee absolutely. 2. The Donor has this day delivered vacant and peaceful possession of the Schedule Property to the Donee, and the Donee has accepted the said gift and entered into possession thereof during the lifetime of the Donor. 3. The Donor covenants that the Schedule Property is free from all encumbrances and that the Donor has good right, full power and absolute authority to gift the same. 4. The Donor shall, at the cost of the Donee, execute and do all such lawful acts, deeds and things as may reasonably be required for perfecting the Donee's title, including mutation of the Schedule Property in the records of the local authority in the name of the Donee. 5. This gift is absolute and irrevocable. The Donor shall have no right, title, interest or claim of any nature in the Schedule Property hereafter. 6. All taxes, cesses, assessments and outgoings in respect of the Schedule Property up to the date of this deed have been paid by the Donor, and all such liabilities thereafter shall be borne by the Donee. 7. The market value of the Schedule Property for the purpose of stamp duty is Rs. [Amount]. The stamp duty and registration charges payable on this deed have been borne by [the Donor / the Donee]. SCHEDULE OF PROPERTY All that piece and parcel of [land / residential flat / house] bearing [Survey / Plot / Flat No.], admeasuring [Area] square feet / square metres, situated at [Complete Address], within the registration district of [District] and sub-district of [Sub-District], bounded as follows: On the North by : [Boundary] On the South by : [Boundary] On the East by : [Boundary] On the West by : [Boundary] IN WITNESS WHEREOF the parties hereto have set their respective hands on the day, month and year first hereinabove written. DONOR DONEE [Signature] [Signature] [Donor's Full Name] [Donee's Full Name] WITNESSES: 1. [Signature] 2. [Signature] Name : [Witness 1 Name] Name : [Witness 2 Name] Address : [Address] Address : [Address] [A gift of immovable property must be effected by a registered instrument under Section 123 of the Transfer of Property Act, 1882, attested by at least two witnesses. Stamp duty rates, concessions for gifts between specified relatives, and registration procedure vary by State — confirm with your State's Registration Department and have the deed vetted by an advocate before execution.]
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When to File This Complaint
- Transferring property (house, flat, land) to a family member
- Gifting movable property (jewellery, vehicle, cash) to a person
- Parent transferring property to children (estate planning)
- Spouse transfer for tax or inheritance planning
- Charitable donation of property or assets
- Transferring property to a trust or institution
Documents Required
- Original property documents (sale deed, title deed)
- Donor and donee identity proof (Aadhaar, PAN)
- Property valuation certificate (for stamp duty)
- Encumbrance certificate (property must be free of disputes)
- Witness identity proofs (two witnesses required)
- Relationship proof between donor and donee (if claiming exemption)
Common Mistakes to Avoid
- Not registering immovable property gift deed (it has no legal validity without registration)
- Incorrect stamp duty payment (varies by state and relationship)
- Missing witness signatures (two witnesses mandatory)
- Not including specific property description (survey number, area, boundaries)
- Omitting acceptance clause by donee
- Not updating mutation / khata after registration
Frequently Asked Questions
Is registration mandatory for a gift deed in India?
Yes. For immovable property (land, house, flat), registration of the gift deed is mandatory under Section 17 of the Registration Act, 1908. Without registration, the gift deed has no legal effect. For movable property, delivery of possession is sufficient.
What is the stamp duty on a gift deed?
Stamp duty on gift deeds varies by state and by relationship. Some states offer reduced stamp duty for family transfers (parents to children, between spouses). Your state's stamp duty schedule for the current year.
Can a gift deed be cancelled?
A registered gift deed can generally not be cancelled unilaterally. However, it can be cancelled by mutual consent of donor and donee, or by court order if the gift was obtained by fraud, coercion, or undue influence.
What is the difference between a gift deed and a will?
A gift deed transfers property during the lifetime of the donor (inter vivos transfer), effective immediately upon registration. A will takes effect only after the death of the testator. Gift deeds are preferred for immediate transfer; wills for future estate planning.
Does GetNyay provide legal advice on gift deeds?
No. GetNyay generates AI-drafted gift deed documents. For actual registration, stamp duty calculation, and legal advice specific to your state, please consult a qualified advocate or document writer.
Draft Your Complaint
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Escalation Path
- 1Draft gift deed with all required details
- 2Get document stamped with applicable stamp duty
- 3Register at Sub-Registrar office with both parties and witnesses
- 4Obtain registered gift deed copy
- 5Update mutation records at local municipal / revenue authority
Important Disclaimer
GetNyay is not a law firm, not an advocate, and is not affiliated with any government body. We do not provide legal representation or guarantee complaint resolution. All information is for educational and self-help purposes only. Users are responsible for verifying final content before submission. Regulator contact details and timelines are informational — always verify at official government portals before relying on them.