Deeds

Gift Deed of Immovable Property

A Gift Deed of Immovable Property is a legal instrument through which a donor voluntarily transfers ownership of immovable property to a donee without any monetary consideration. The transfer is founded on natural love and affection and must be effected through a registered document to be legally valid.

This deed is executed and registered with the jurisdictional Sub-Registrar of Assurances. Its validity rests on Section 122 and Section 123 of the Transfer of Property Act, 1882, read with Section 17 of the Registration Act, 1908, which mandate registration for gifts of immovable property.

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Governing law
Transfer of Property Act 1882 ss.122-123 + Registration Act 1908 s.17 + Indian Stamp Act 1899
Sections
s. 122s. 123s. 126s. 17

When this is the right filing

  • When a person wishes to transfer immovable property to a family member or another person out of natural love and affection, without receiving any monetary payment in return.
  • When the donor intends to make an immediate, absolute, and irrevocable transfer of title and possession during their lifetime.
  • When the transaction qualifies for a concessional stamp duty rate available for gifts to specified blood relatives under the relevant State stamp schedule.
  • Do not use this deed if the transfer involves any exchange of money or other consideration; a sale deed is the appropriate instrument for a monetary transaction.

What the court looks for

  • Proof that the instrument is in writing, signed by the donor, and attested by at least two witnesses, as required by Section 123 of the Transfer of Property Act.
  • Evidence of registration with the Sub-Registrar, which is mandatory for any gift of immovable property under Section 17 of the Registration Act, 1908.
  • An express clause confirming the donee's acceptance of the gift and delivery of possession during the donor's lifetime, satisfying the essential requirement under Section 122 of the Transfer of Property Act.
  • A clear and unambiguous description of the property in the schedule, establishing the subject matter of the gift with certainty.
  • A market value declaration for stamp duty purposes, where required by the registering officer, to ensure proper stamp duty payment.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Recitals
  2. 2Now this deed of gift witnesseth as follows
  3. 3Schedule of property
  4. 4Testimonium
  5. 5Witnesses
How it opens
WHEREAS the Donor is the sole and absolute owner, seized and possessed of and otherwise well and sufficiently entitled to the immovable property more particularly described in the SCHEDULE OF PROPERTY hereunder written (hereinafter referred to as the "Said Property"), having acquired the same by virtue of [root of title] dated [title doc date], registered as Document No. [title doc reg no] in the office of the…

Bracketed items are filled from your case.

Frequently asked questions

Is a gift deed for immovable property valid if it is not registered?

No. Section 123 of the Transfer of Property Act and Section 17 of the Registration Act, 1908, explicitly require a gift of immovable property to be effected by a registered instrument. An unregistered gift deed is void and does not transfer any title to the donee.

Can a gift deed be revoked after it is executed and registered?

A gift deed is generally irrevocable. The only grounds for revocation are those specified in Section 126 of the Transfer of Property Act, which allows revocation if the donor and donee have expressly agreed in the deed that the gift shall be suspended or revoked on the happening of a specified event that does not depend on the donor's will.

Why is an acceptance clause necessary in a gift deed?

Section 122 of the Transfer of Property Act defines a gift as a transfer of property that is accepted by or on behalf of the donee. The acceptance must occur during the donor's lifetime and while the donor is still capable of giving. An express acceptance clause in the deed serves as primary evidence that this essential legal requirement has been fulfilled.

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