Gift deed format

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General information, not legal advice. Rules, fees and timelines change and can differ by state. Always check the official source linked in this guide, and speak to a qualified professional about your specific situation. Disclaimer

Gift deed format: stamp duty, registration, step-by-step guide (CIVL)

Need a gift deed format? This page explains when you need it, what it must contain and how to make it valid, step by step. You can also get CIVL’s ready-to-use gift deed format as an editable Word file and PDF.

Gift deed format: stamp duty, registration, step-by-step guide (CIVL)
Gift deed format: key points at a glance

Quick answer

A gift deed transfers property to someone without payment. For immovable property it must be registered, signed by the donor and attested by two witnesses (Section 123, Transfer of Property Act). Stamp duty depends on your state, and many states charge less for gifts to close family.

What is a gift deed?

A gift is a voluntary transfer of existing property without consideration, made by the donor and accepted by the donee (Section 122, Transfer of Property Act, 1882). The donee must accept the gift during the donor’s lifetime.

Once registered and accepted, a gift generally cannot be cancelled, except in limited cases such as an agreed condition, fraud or coercion (Section 126). A gift made to a senior citizen’s relative on the condition of care can be cancelled by the Maintenance Tribunal if that care is not given.

When you need it

  • Parents giving a house or land to a child during their lifetime.
  • Transferring property between spouses or siblings.
  • Gifting shares, jewellery or money with a written record.
  • Donating property to a trust or charity.

Stamp duty, notarisation and registration

RequirementWhat appliesNotes
Stamp paper / e-stampRequiredRate depends on the state; often concessional for close relatives.
NotarisationNot enoughRegistration is required for immovable property.
RegistrationRequired (immovable property)At the Sub-Registrar where the property is located.
WitnessesTwo (mandatory)For immovable property.

Stamp duty and concessions differ widely between states. Check whether your state charges a reduced rate for gifts to family.

What the gift deed must contain

  • Names, ages and addresses of the donor and the donee, and their relationship.
  • Full description of the property: address, area, survey or flat number, boundaries.
  • How the donor acquired the property (title chain).
  • Statement that the gift is voluntary and without consideration.
  • Donee’s acceptance.
  • Any conditions, such as the donor’s right to live in the house during their lifetime.
  • Signatures of donor, donee and two witnesses, with date and place.

How to make it valid: step by step

Gift deed format: 6 steps to make it valid (CIVL)
  1. Check the title. Make sure the donor owns the property and it is free of disputes or loans, or that the lender consents.
  2. Fill in the format. Describe the property exactly as in the title deed.
  3. Pay stamp duty. Pay online or buy e-stamp at your state’s gift rate.
  4. Book a registration slot. Most states allow online appointments with the Sub-Registrar.
  5. Register the deed. Donor, donee and two witnesses attend with ID and photos.
  6. Update records. Apply for mutation in the municipal or revenue records in the donee’s name.

Common mistakes to avoid

  • No registration. An unregistered gift of immovable property does not transfer ownership.
  • No acceptance. A gift not accepted during the donor’s lifetime fails.
  • Ignoring tax. Gifts from specified relatives are generally not taxed, but gifts from others may be. Check current income-tax rules.
  • Skipping mutation. Without mutation, tax and utility records stay in the donor’s name.

CIVL format

Get the ready-to-use gift deed format

  • Editable Word file and a print-ready PDF
  • Notes on how to fill every blank
  • Versions for house, land and movable property
  • Donor’s right-of-residence clause
  • Delivered to your email after payment

Price: ₹199 · Coming soon

Frequently asked questions

Can a registered gift deed be cancelled?

Only in limited cases: an agreed condition for revocation, fraud, coercion or undue influence, or under the Senior Citizens Act where a care condition is breached.

Is a gift deed taxable?

Gifts from specified relatives are generally exempt from income tax in the receiver’s hands. Gifts from others above a threshold can be taxable. Check current rules.

Can I gift property to my daughter?

Yes. Many states also give a stamp duty concession for gifts to children.

Is a gift deed better than a will?

A gift takes effect immediately and is hard to undo; a will takes effect only after death and can be changed.

Where can I get a ready-to-use gift deed format?

CIVL’s gift deed format comes as an editable Word file and a print-ready PDF, with notes on filling every blank and checking your state’s rules. Use the button above to be told when it is available.

Official sources