Gift deed format for immovable and movable property
A gift is a transfer of property made voluntarily and without consideration, accepted by the donee during the donor’s lifetime (Section 122, Transfer of Property Act, 1882). A gift of immovable property must be made by a registered deed signed by the donor and attested by at least two witnesses (Section 123).
Key points
- Definition: Section 122 TPA; form: Section 123 TPA.
- Acceptance must be during the donor’s lifetime and while the donor can still give.
- A gift can be revoked only in the cases in Section 126 TPA (for example by agreement on a specified event, or where it could be rescinded like a contract).
- Stamp duty varies by State; several States give concessions for gifts to close relatives.
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Gift | Sections 122–126 Transfer of Property Act, 1882 | — |
Which court or authority
Registered at the Sub-Registrar where the property is situated.
What the document should contain
- Donor and donee details and relationship
- Recital of the donor’s title
- Statement that the gift is voluntary and without consideration
- Property description
- Acceptance by the donee
- Signatures and two attesting witnesses
Documents to attach
- Title deeds of the property
- Identity proof of donor, donee and witnesses
- Proof of relationship, where a stamp-duty concession is claimed
Procedure
- Draft and pay stamp duty
- Execute before two witnesses; donee accepts
- Register at the Sub-Registrar; apply for mutation
Common mistakes
- No recorded acceptance by the donee
- Reserving rights inconsistent with an absolute gift without care
Frequently asked questions
Can a gift deed be cancelled?
Only in the limited cases in Section 126 TPA — for example where the parties agreed it would be revoked on a specified event not depending on the donor’s will, or where it was obtained by fraud or coercion.
Is registration compulsory for a gift deed?
Yes, for immovable property (Section 123 TPA). Movable property can be gifted by a registered deed or by delivery.