Gift Deed
Legally transfer property or valuables without any consideration using a registered Gift Deed.
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Overview of a Gift Deed
A Gift Deed is your legal shortcut to transferring something you love—be it property, money, or valuables—to someone you care about, without expecting anything in return. Governed by Section 122 of the Transfer of Property Act, 1882, it's the go-to method to pass on your assets purely out of affection—whether to a family member or a close friend. And yes, if it's immovable property, it must be registered under Section 17 of the Registration Act, 1908 to be legally valid. No shortcuts here!
What are the Essential Clauses in a Gift Deed?
● Clause for Consideration: It must clearly state that the gift is free—no cash, no favors, no strings attached. ● Possession of Property: You can only gift what you already own and possess. ● Free Consent: The donor must give the gift voluntarily. ● Property Details: The deed should describe the property thoroughly. ● Details of Donor and Donee: Especially important for stamp duty concessions. ● Rights and Liabilities: Any rent collection or utility bills must be defined. ● Rights of Donee: The donee must know whether they can lease, modify, or earn from it. ● Delivery Clause: It should state how and when possession has been transferred. ● Clauses for Revocation: Clearly mentioned if applicable and mutually agreed.
Who Can Be a Donor or Donee?
A donor must be mentally sound and legally capable of contracting. A donee can be anyone, including a minor (through a guardian). If the gift includes liabilities like unpaid taxes, those pass on to the donee.
What Type of Properties Can Be Gifted?
The property must be: ● Movable or immovable ● Tangible ● Transferable ● Already in existence No gifting future or imaginary properties.
Why Register a Gift Deed?
● Legally Valid Transfer: Prevents future disputes. ● Transparent Documentation: Clearly defines rights and responsibilities. ● Tax Benefits: Some gifts are exempt from income tax. ● Easy Ownership Proof: Useful in property and financial records. ● Immediate Effect: Once accepted and registered, the transfer is complete.
1. Documents Required for Gift Deed Registration
● Aadhar & PAN cards (both parties)
● Identity proof (passport, license)
● Original Gift Deed
● Proof of ownership (sale deed, etc.)
● Two witnesses and their ID proofs
● Encumbrance Certificate
● Ready Reckoner Certificate (valuation)
● State-specific property agreements
How to Register a Gift Deed
● Step 1: Draft the Gift Deed with details like date, place, donor/donee info, property description, signatures, and witness details.
● Step 2: Print it on stamp paper of appropriate value as per your state.
● Step 3: Visit the sub-registrar’s office to register it. Once registered, the gift is legally effective.
Stamp Duty for Gift Deed Registration
Stamp duty varies by state and the relationship between the donor and donee.
| Manufacturer (Production Capacity) | License Fees/year (INR) |
|---|---|
| Delhi | 6% (men), 4% (women) |
| Karnataka | 5.6% (non-family), ₹1,000–₹5,000 (family) |
| Gujarat | 4.9% of market value |
| Punjab | 6%, free for blood relatives |
| Rajasthan | 0% to 5% based on gender & relation |
| Uttar Pradesh | 7% (men), 6% (women) |
| Maharashtra | ₹200 for homes/farms, 3%-5% based on relation |
| Tamil Nadu | 1% (family), 7% (others) |
| West Bengal | 0.5% (family), 6% (others) + 1% surcharge if over ₹40L |
Timeline for Gift Deed Registration
Usually completed in 2–5 working days after document verification and submission.
Draft & Review
1–2 days
Draft the Gift Deed with all clauses and verify details.
Stamping & Submission
1 day
Print on stamp paper and submit at the registrar’s office.
Registration & Collection
1–2 days
Gift Deed is signed, registered, and the certificate is collected.
Why Choose DoStartup?
DoStartup simplifies legal compliance so you can focus on what matters—gifting with peace of mind.
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