Gift Deed

A gift deed is a legal document that transfers the ownership of a property or asset from one person to another without any consideration or payment. A gift deed can be made by any person who is competent to contract and has a clear title to the property or asset. A gift deed can be revoked or altered by the donor at any time before the delivery of possession to the donee.

The law governing gift deeds in India differs according to the personal laws of the parties. Hindus, Buddhists, Jains and Sikhs are governed by the Transfer of Property Act, 1882, while Muslims are governed by their own personal law based on the Quran and other sources.

To make a gift deed under Hindu law, one has to follow these steps:

Write down the details of the property or asset that one wants to gift and its value.
Mention the names and addresses of the donor and the donee and their relationship, if any.
State the intention of the donor to make a voluntary and irrevocable gift to the donee without any consideration.
Sign the gift deed in the presence of two independent witnesses who have no interest in the gift.
The witnesses should also sign the gift deed and attest the signature of the donor.
The gift deed should be dated and preferably registered with a sub-registrar for more validity and security.

To make a gift deed under Muslim law, one has to follow these steps:

Write down or orally declare the details of the property or asset that one wants to gift and its value.
Mention the names and addresses of the donor and the donee and their relationship, if any.
State the intention of the donor to make a voluntary and irrevocable gift to the donee without any consideration.
Deliver the possession of the property or asset to the donee or his or her agent.
The donee should accept the gift either expressly or impliedly by taking possession of the property or asset.
The gift deed does not require any signature, attestation or registration, but it should be proved by two witnesses who have seen or heard the donor declare his or her intention.

Registration of a gift deed is not mandatory in India, but it is advisable to do so for more validity and security. To register a gift deed, one has to follow these steps:

Visit the office of the sub-registrar within whose jurisdiction the property or asset is situated or where the donor resides.

Submit the original gift deed along with a copy and pay the prescribed fee.

The donor and two witnesses should be present before the sub-registrar and verify their identities and signatures.

The sub-registrar will register the gift deed and issue a receipt.

The original gift deed can be taken back by the donor or kept in safe custody with the sub-registrar as per his or her choice.

Disclaimer

Our services are tailored to meet the specific needs of our clients. This website is an independent platform that helps our clients to understand their legal remedies and provides legal guidance for their business/ventures. This website is not endorsed by the Government and the forms are not the official registration form, they are only a tool to collect information from our clients so that our experts can assist them effectively. By using our services, you as a client agree that you are accessing this website voluntarily and that the fee charged in this website is a consultancy fee.