Gift Deed Format

उपहार विलेख प्रारूप

Deeds & Wills Updated: 2025-02-28

Overview

A gift deed is a legal document through which a person (donor) voluntarily transfers property or assets to another person (donee) without any consideration (payment). For immovable property, the gift deed must be registered under the Transfer of Property Act, 1882.
Hindi उपहार विलेख एक कानूनी दस्तावेज है जिसके माध्यम से एक व्यक्ति (दाता) स्वेच्छा से बिना किसी प्रतिफल (भुगतान) के अपनी संपत्ति या संपत्तियां दूसरे व्यक्ति (प्राप्तकर्ता) को हस्तांतरित करता है।

When to Use This Format

  • When gifting immovable property to family members
  • For transferring property between blood relatives to save stamp duty
  • When parents want to transfer property to children during their lifetime
  • For charitable donations of property to trusts or organizations
  • To transfer property as part of estate planning

Key Components

  1. 1 Donor Details

    Full name, age, address, and relationship of the person making the gift.

  2. 2 Donee Details

    Full name, age, address, and relationship of the person receiving the gift.

  3. 3 Property Description

    Complete description of the property being gifted including area, boundaries, and address.

  4. 4 Declaration of Gift

    Clear statement that the transfer is voluntary, without consideration, and out of love and affection.

  5. 5 Acceptance by Donee

    Statement that the donee accepts the gift. Acceptance is mandatory for a valid gift.

  6. 6 Delivery of Possession

    Statement about handing over possession of the gifted property.

Sample Format

Download Word Document
GIFT DEED This Gift Deed is executed on this ___ day of _______, 2025 at [Place] BY [Donor Name], S/o [Father's Name], aged ___ years, residing at [Address] (hereinafter called the "DONOR") IN FAVOUR OF [Donee Name], S/o/D/o [Father's Name], aged ___ years, residing at [Address] (hereinafter called the "DONEE") WHEREAS: 1. The Donor is the absolute owner of the property described in the Schedule. 2. Out of natural love and affection towards the Donee, who is the [relationship] of the Donor, the Donor wishes to gift the said property. NOW THIS DEED WITNESSETH: 1. That the Donor hereby gifts, transfers, and conveys the property in the Schedule to the Donee absolutely, without any consideration. 2. That this gift is made voluntarily, without any coercion or undue influence. 3. That the Donee hereby accepts this gift with gratitude. 4. That the Donor has delivered possession of the property to the Donee. 5. That the Donor shall have no claim over the said property hereafter. SCHEDULE OF PROPERTY: [Detailed property description with boundaries] DONOR: _______________ DONEE: _______________ WITNESS 1: _______________ WITNESS 2: _______________

Step-by-Step Guide

1

Decide on the Gift

Ensure the donor is the absolute owner and the gift is genuinely voluntary. Consider tax implications.

2

Draft the Gift Deed

Prepare the deed with complete property details, donor-donee relationship, and declaration of voluntariness.

3

Purchase Stamp Paper

Buy stamp paper based on property value and state stamp duty rates. Many states offer concessions for close relatives.

4

Execute the Deed

Both donor and donee sign in presence of two witnesses. The donee's acceptance must be recorded.

5

Register the Deed

Registration is mandatory for immovable property gifts at the Sub-Registrar's office.

6

Mutation of Records

Apply for mutation at the local municipal/revenue office to update property records in the donee's name.

Important Notes

  • Registration is mandatory for gift of immovable property under the Transfer of Property Act, 1882.
  • Stamp duty on gift deeds varies by state - many states offer reduced rates for gifts between close relatives.
  • Gifts received from specified relatives are exempt from income tax under Section 56(2)(x) of the Income Tax Act.
  • The donee must accept the gift during the donor's lifetime for it to be valid.
  • A gift deed can be revoked only in limited circumstances as specified in Section 126 of the Transfer of Property Act.

Frequently Asked Questions

Is gift deed taxable in India?

Gifts received from specified relatives (parents, spouse, siblings, and their spouses, etc.) are exempt from income tax under Section 56(2)(x). Gifts from non-relatives exceeding Rs. 50,000 in aggregate value in a financial year are taxable as income in the hands of the donee.

Can a gift deed be revoked?

Under Section 126 of the Transfer of Property Act, a gift can be revoked only if the donor and donee have agreed on specific conditions under which the gift can be revoked. A gift cannot be revoked merely because the donor changes their mind. In cases of fraud or coercion, the court may revoke the gift.

What stamp duty applies to gift deeds?

Stamp duty varies by state and relationship. For example, in Maharashtra, gift deeds between family members attract Rs. 200 stamp duty. In Delhi, it is 4% for women and 6% for men. Many states offer concessional rates for gifts between close blood relatives.

Legal Disclaimer

This format is provided for informational and educational purposes only. It does not constitute legal advice. The format may need to be adapted based on specific circumstances, applicable laws, and jurisdictional requirements. Always consult a qualified advocate or legal professional before filing any legal document. For more details, see our Disclaimer.

Need Help With Your Legal Matter?

Search court cases, track case status, or get in touch with us for assistance.