Gifting is one of the many mediums through which one can transfer ownership of one’s property to another person. The gifting of property in India falls under Transfer of Property Act, 1882 and is done by executing a gift deed. Thus, the immovable or movable property is transferred without any consideration value attached.
To give this transaction legal backing, a gift deed must be drafted, executed and duly registered after the payment of applicable gift deed stamp duty and registration charges. In this guide, we focus on the format of the gift deed that can be downloaded in Hindi and English.
Who is a donor and who is a donee?
The person gifting the property is known as the donor and the person receiving the property is known as the donee. The donor should voluntarily gift the property to the donor out of love and affection without taking money and the donee should accept it when the donor is alive.
The gift given by donor to donee will be effective when the gift deed is registered with the sub-registrar office under whose jurisdiction the property falls. Once registered, the transfer from donor to donee takes place immediately and the donor and donee need not go to the court for execution of the gift.
What are the details included in a gift deed?
- Details of donor and donee: Name, address and relationship between the donor and donee.
- Date and place where the gift deed is documented.
- Details about the property to be gifted: The gift deed should highlight that donor is gifting the property out of love and affection to the donee and there is no consideration value attached to this property transaction.
- Volunteer transfer of property: The gift deed should mention that the immovable property is being gifted voluntarily under no act of threat or any wrong doing.
- Gifting property in existence: The gift deed should mention that the property gifted by the donor to the donee exists and the donor is the owner of the property.
- Rights of the donee: The gift deed should mention the rights of the donee once he gets the property- he can sell, or use or mortgage the property.
- Acceptance of the gift by donee: The gift deed should mention that the donee has accepted the gift. Note that the donee should accept the gift during the lifetime of the donor else the gift deed will be invalid.
- Revocation clause: While it is difficult to revoke a gift deed, mentioning a valid clause like fraud etc. in the deed can help the donor get his property back.
- Signatures of the donor/s.
- Signatures of the donee/s.
- Details of two witnesses present at the time of property transfer.
- Signature of the witnesses.
Simplified gift deed template
GIFT DEED
This Gift Deed is made and executed on this ………………. day of Month of ………… of the Year …………, at…………………………….
Between
<Name> son/daughter/wife of <Father’s/Husband’s name>, Age……Marital Status………, <Profession>, <Nationality>, Resident of ……………………………… Having Aadhar card No………………… hereinafter called the Donor of the one part.
AND
<Name> son/daughter/wife of <Father’s/Husband’s name>, Age……Marital Status………, <Professional Status>, <Nationality>, Resident of ……………………………… Having Aadhar card No………………… hereinafter called the Donee of the other part.
The expressions of the DONOR PARTY No. 1 and the DONEE PARTY NO.2 shall mean and include their respective heirs, successors, executors, nominees, assignees, administrators and legal representatives, etc.
AND WHEREAS the DONOR PARTY NO.1 is the owner and in possession of the property having been purchased/acquired vide registered sale deed as document No……………………………, Addl. Book-I—-, Vol. No…………pages …to…., on date ……………………duly regd. in the office of SR………,
AND WHEREAS the above PROPERTY, more particularly described in the schedule herein below, is free from all sorts of encumbrances such as liens, charges, claims, liabilities, acquisitions, injunctions or attachments from any Court of Law, gifts, mortgages, demands, notices, notifications, legal disputes, difference, prior sale and flaws, etc. etc. and the DONOR PARTY No.1 is fully entitled to dispose of the same.
AND WHEREAS the DONOR PARTY NO.1 has great love and affection for the DONEE PARTY No. 2 being HIS/HER _____________ <BLOOD RELATION>
AND WHEREAS the DONOR PARTY NO. 1 has agreed to Gift/Donate the property described in Schedule herein below UNTO the DONEE PARTY NO.2 and the DONEE PARTY NO.2 have also agreed to accept the same.
NOW THIS GIFT DEED WITNESSETH AS UNDER:
(1) That the DONOR PARTY NO.1 does hereby donate/gift the property__________________________________________________ __________, UNTO_____________________________________________________________ S/O, D/O, W/O _____________________________________________, R/O, ______________ on account of great love and affection for THEM being HIS/HER REAL ______________________ <Relation>
(2) The possession of the aforesaid PROPERTY UNDER DONATION/GIFT has been handed over/delivered to the DONEE PARTY NO2 by the DONOR PARTY NO.1
(3) That the DONEE PARTY NO. 2 has now become the absolute and exclusive Owner with all rights in the aforesaid PROPERTY UNDER DONATION/GIFT from today and shall also enjoy all rights of Ownership, etc., therein.
(4) The DONOR PARTY NO.1 has now been left with no right, title, interests or liens, etc. whatsoever of any sort/nature in the aforesaid PROPERTY UNDER DONATION/GIFT henceforth after the execution/ registration of this GIFT DEED. The property in question is free from acquisition by the Govt. nor by any other authority.
(5) That the DONEE PARTY NO.2 with HIS/ HER own funds shall get the PROPERTY UNDER DONATION/GIFT transferred/mutated in his favour in the records of Rights of Revenue Department on the basis of this GIFT DEED and Donor Party No. 1 hereby conveys his No Objection for the mutation of the property herein below mentioned under schedule, in the name of the Donee
(6) That the DONEE PARTY NO.2 has accepted the GIFT of the said PROPERTY UNDER DONATION / GIFT DEED and has also taken over the possession of the same from the DONOR PARTY NO.1.
(7) That the market value of the above-mentioned PROPERTY UNDER DONATION/GIFT has been assessed at Rs. ___________ (Rupees_______________ only), as per Notification published in Official Gazette, Series; _____ No. __________. Dated: ___________
(8) That all the expenses of the GIFT DEED such as Stamp Duty, Registration Fees etc. have been borne and paid by the DONOR PARTY NO 1 / DONEE PARTY NO 2.
(9) That all future taxes, cesses, rates or any other Govt. or Municipal dues and demands in respect of the above-mentioned PROPERTY UNDER DONATION/GIFT shall be borne and paid by the DONEE PARTY NO 2.
(10) That all the Title Deeds/papers including previous title deed (in originals) relating to the Gifted PROPERTY, herein below mentioned UNDER DONATION/GIFT have been handed over/delivered to the DONEE PARTY NO 2 by the DONOR PARTY NO 1
SCHEDULE
(Complete description of the Property)
East:
West:
North:
South:
In witness whereof, the parties have signed and affixed their signatures thumb mark on this Gift Deed after understanding the contents of the same on the day, month and year first above written in the presence of the below-mentioned witnesses.
Name and Signatures of Donor
Name
Signature
Right Thumb
Index Finger of Right Hand
Middle Finger of Right Hand
Forefinger of Right Hand
Little Finger of Right hand
Left Thumb
Index Finger of Left Hand
Middle Finger of Left Hand
Forefinger of Left Hand
Little Finger of Left hand
Photograph of Donor
Name and Signature of Donee
Name
Signature
Right Thumb
Index Finger of Right Hand
Middle Finger of Right Hand
Forefinger of Right Hand
Little Finger of Right hand
Left Thumb
Index Finger of Left Hand
Middle Finger of Left Hand
Forefinger of Left Hand
Little Finger of Left hand
Photograph of Donee
Witnesses
- Name, signature, address
- Name, signature, address
See also: Gift deed vs will: Which is a better option to transfer property
This deed of Gift is executed on ________ day of ______________ month _____________ year by Sri./Smt.__________________________, S/o./ W/o._______________________, occupation____________________, and aged__________ year residence at ______________________________ _______________________ . herein after called the DONOR.
In favour of Sri./Smt. __________________________ S/o./W/o._______________ _________________________, occupation ____________________, aged ______ __ years, residing at ______________________________________________ ____________________________________________________. __ Herein referred to as the DONEE.
Whereas, the term Donor and Donee unless repugnant to the context shall mean and include their representatives heirs, successors, executors, administrators, trustees, legal representatives and assigns.
Whereas, the Donor herein, is the sole and absolute owner of immovable property 3 bearing No.___________ known as _____________________ situated at _____________________ described in the schedule hereunder written and herein after called the schedule property. Whereas, the Donor is the absolute owner, having acquired the property, by____ ___ and since then Donor has been in possession and enjoyment of the schedule property and paying taxes and levies thereon, as sole and absolute owner thereof. Whereas the Donee is related to the Donor as ____________.
Whereas the Donor desires to grant the said land and premises described in the schedule written hereunder and hereinafter referred as scheduled property to the Donee as gift in consideration of natural love and affection subject to the condition herein after mentioned.
NOW THIS DEED WITNESSETH that the Donor, without any monitory consideration and in consideration natural love and affection which the Donor bears to the Donee hereby grant and transfer by way of gift, the scheduled property situated at ___________________________together with all the things permanently attached thereto or standing thereon and all the liberties, privileges, easements and advantages appurtenant thereto and all the estates, rights, title, interest, use, inheritance, possession, benefits, claims and demand whatsoever of the Donor TO HAVE AND TO HOLD the same unto the use of the Donee absolutely but subject to the payment of all taxes, rates, assessments, dues and duties now and here after chargeable thereon to the Government or local authorities.
Whereas the Donor hereby covenant with the Donee; (a) That the Donor now has in himself, absolute right, full power, and absolute authority to grant the said scheduled property hereby granted as gift in the manner aforesaid.
(b) The Donee may at all times herein after peacefully and quietly enter upon, take possession of the scheduled property and enjoy the said scheduled property as he deems fit without any interruption, claim or demand whatsoever from or by the Donor or his heirs, executors, administrators and assigns or any person or persons lawfully claiming or to claim by from under or in trust for the Donor.
(c) AND FURTHER that the Donor and all persons having or lawfully claiming any estate or interest whatsoever to the said scheduled property and premises or any part thereof from under or in trust for the Donor or his heirs, executors, administrators and assigns or any of them shall and will from time to time and at all times hereafter at the request and cost of the Donee do and execute or cause to be done and executed all such further and other acts, deeds, things, conveyances and assurances in law whatsoever for better and more perfectly assuring the said scheduled property and every part thereof unto and to the use of the Donee in the manner aforesaid as by the Donee his heirs, executors, administrators and assigns or counsel in law shall be reasonably required.
SCHEDULE OF THE PROPERTY
(Gifted under this deed)
All the piece and parcel of immovable property 5 bearing No.____________ Measuring _______________ Bounded by:-
On the East
On the West
On the South
On the North
Market value of the property gifted under this deed is Rs. (Rupees____________________________________only).
The Stamp duty is paid on the market value as computed above. IN WITNESS WHEREOF the Donor as well as the Donee (by way of acceptance of the said gift) have put their respective hands the day and year first herein above written.
WITNESSES:
- DONOR
- DONEE
Gift deed format download: English and Hindi
To download English gift deed format in word file, click here.
To download the gift deed format in English (PDF), click here.
To download Hindi gift deed format in word file, click here.
To download the gift deed format in Hindi (PDF), click here.
Legal gift document layout
G I F T D E E D
THIS GIFT DEED is made and executed on this the ……………………. day of …………………. Month, …………………… year by
Sri/Smt/Ms…………………………………………………………………………………………………… aged about ………………… years, Son/Daughter/Wife of Sri ……………………………………………………………………………………………………………………………, Profession …………………………….., caste ……………………………., permanent resident of …………………., P.O. ………………….. P.S. ………………………….., District …………………… State………………………… Pin Code ………………. at present residing at …………………., P.O. ………………….. P.S. ………………………….., District …………………… State………………………………… Pin Code ……………….
[If Minor,]
represented by Father/Mother/ Other (specify Relation) Guardian Sri/Smt./Kum ………………………………………., aged about ……….. years, Son/Daughter/Wife of …..………………………….., Caste- ………………. , Profession …………………………….., permanent resident of …………………., P.O. ………………….. P.S. ………………………….., District ……………………………..……State………………………… Pin Code ………………. ]
[If represented by Attorney Holder by virtue of Power of Attorney]
represented by his Power of Attorney Holder vide G.P.A. Document No. …………/ dated………………………………registered in the Office of the Sub-Registrar, …………………………..……..,District-………..…………………..,State…………………………………. SRI/Smt./Kum ………………………………………., aged about ……….. years, Son/Daughter/Wife of …..………………………….., Caste- ………………. , Profession …………………………….., resident of …………………., P.O. ………………….. P.S. …………………..………….., District ……………………..……… State……………………… Pin Code ………………. at present residing at …………………., P.O. ………………….. P.S. …………………………….….., District ….………..…………… State………………………….. Pin Code ………………………..
Hereinafter referred to as “DONOR” which term unless repugnant to the context shall mean and include all his heirs, legal representatives, administrators and successors-in-interests, assignees and nominees etc. of the ONE PART
IN FAVOUR OF
Sri …………………………………………………………………………………………………… aged about ………………… years, Son/Daughter/Wife of Sri ……………………………………………………………………………………………………………………………, Profession …………………………….., caste ……………………………., permanent resident of …………………., P.O. ………………….. P.S. ………………………….., District …………………… State…………………………………… Pin Code ………………. At present residing at …………………., P.O. ………………….. P.S. ………………………….., District …………………… State……………………………….. Pin Code ……………….
[If Minor,]
represented by Father/Mother/ Other (specify Relation) Guardian Sri/Smt./Kum ………………………………………., aged about ……….. years, Son/Daughter/Wife of …..………………………….., Caste- ………………. , Profession …………………………….., permanent resident of …………………., P.O. ………………….. P.S. …………………..………….., District ……………………………… State………………………. Pin Code …………………………….…. ]
Hereinafter called the “DONEE” which term unless repugnant to the context shall mean and include all his heirs, legal representatives, executors, successors-in-interest, assignees, nominees and administrators etc. of the OTHER PART
TYPE OF DEED : GIFT DEED
APPROXIMATE MARKET
VALUE OF THE PROEPRTY: Rs……………………………..(Rupees in words)
SHORT DESCRIPTION OF THE PROPERTY :
Mouza/Village-: ……………………..…………..,Thana No. – ……………..…………,P.S.- …………………, Tahasil – …………………………, District – ……………………., Khata No………………………… (Sthithiban), Plot No.(s)– …………………….of Total Area. A.c……………………………….Dec transacted Area-Ac. ………….……….…… Dec., Annual Rent reserved is Rs………………………………..
WHEREAS the Donor herein is the absolute owner and possessor of of the part and parcel of the immovable property more fully detailed and delineated under the Schedule of Property and in the sketch map annexed hereto which was inherited through succession/ having acquired through a Sale/Gift/Gift Settlement/Partition/Will Deed Registered as Document No.………………./ of year ……………………….. registered in the Office of the Sub-Registrar…………………………, dated ………………………………………
Thus the Donor herein is the owner and having absolute authority, un-impeachable marketable title, full and perfect alienable rights in the above said property and he has been enjoying the peaceful, continuous and uninterrupted possession of the above said property.
THUS the Donor hereby grants, conveys and transfers unto and to the use of the Donee herein forever. ALL THAT PIECE & PARCELS of the said property along with all rights, title, interest, easement rights, appurtenances etc., in the said property free from all encumbrances, charges, prior sales, tenancy claims, mortgages, exchanges, illegal-encroachments, gifts, court litigations and demands etc., of whatsoever nature and delivered the complete vacant and peaceful physical possession of the same to the Donee and the Donee has accepted the same.
AND TO HAVE & HOLD the said property unto and to the use of the Donee herein forever, the Donor hereby declares, covenants and agrees with the Donee.
NOW THIS GIFT DEED WITNESSETH AS FOLLOWS:
- That the Donor hereby covenants and declares that he is the absolute owner and possessor of the property hereby Gift and has every right, authority and competency to transfer, alienate the said property absolutely in favour of the Donee herein.
- The Donor hereby further covenants, declares and agrees that the gifted property is free from all encumbrances such as mortgages, charges, lien, demands, interest, security, litigations, surety, prior sales, government or private attachments and or any other charges etc., of any nature whatsoever.
- The Donor hereby further covenants and declares that he has not done any act whereby the property hereby sold is either encumbered or the Donor herein is in any manner debarred or prevented from selling and transferring the same absolutely in favour of the Donee herein.
- The Donor states that there is neither any legal embargo nor any legal impediment in the gifted property.
- The Donor herein further covenants, declares and assures that he has put the Donee herein in actual vacant and complete physical possession of the said property hereby gifted and that the Donee herein shall be entitled to enjoy the possession so delivered and to receive all rents, outcomes, profits, thereform without any interruption or disturbances either by the Donor herein or any other person claiming through or under the Donor.
- The Donor further hereby covenants, declares and agrees that if any defect is found or discovered in the title of the Donor with regard to the property hereby sold or due to such defect in title if the Donee herein deprived of the whole or any part of the property hereby sold the Donor herein shall duly reimburse & compensate the Donee to the extent of the loss & expenses caused to the Donee.
- The Donor hereby further covenants, agrees and declares that he has paid all the taxes and charges payable in respect of the property hereby sold, upto the date of execution and registration of Gift Deed, if any such amount remains unpaid or the same is recovered from the Donee herein or the Donee herein is compelled to pay the same the Donor herein shall duly reimburse to the Donee to the extent of the same.
- The Donor hereby covenants, agrees and declares that he shall support every lawful application made for changes and mutation before the concerned corporation and other offics.
- The Donor further hereby declares and covenants that he shall always indemnify and keep indemnified the Donee against all claims, by any person whatsoever in derogation of the full, absolute and unencumbered title of the Donee.
- The Donee will automatically become member of the society or association of the complex and donee shall abide the rules and bye-laws of the society and other rules as stipulated in the sale deed of the Donor.
THE SCHEDULE OF THE PROPERTY
DISTRICT :
TAHASIL :
- S. :
MOUZA/VILLAGE :
(Under the Jurisdiction of Office of the Sub-Registrar, ……………………………)
KHATA NO:…………………………………………………………….. (in words)
PLOT NO.s : ………………………………… (in words), Kissam -…………………………
Transacted Area: Ac. ……………………………………..……., (in words) out of Total area of Ac. …………………………………..………….. (in words) Dec. from the ……………………….…………. (specify the direction)Side.
Bounded by :
North – ………………………………….. South – ……………………………..
West–…………………………………… East – …………………………………
Linier Measurements (admeasured by)
From East to West in the North Side – ……………. Links/Feet/Metre
South Side – ……………. Links/Feet/Metre
From North to South in the East Side – ……………. Links/Feet/Metre
West Side – ……………. Links/Feet/Metre
Total …………..Khata, ……………Plots of Total Transacted Area of Ac ……………….. (in words) of Value – Rs……………………… (in words).
RENT RESERVED for Ac. …………………….dec: Rs…………………, (in words)
All the plots are vacant land. No Building or structure of any kind exists over these plots. The declaration in Form – A is annexed herewith.
[If any Building/Structure Exists then details of the Structure in the Declaration in Form-B]
DECLARATIONS:
We, the DONOR, to the best of our knowledge and belief declare that
- That we the DONOR belongs/doesn’t belong to Scheduled Caste and the DONEE belongs/doesn’t belong to any Scheduled Caste or any Scheduled Tribe.
- The property gifted in this deed does not belong to or given in or endowed for the purpose of any public religious institutions.
- The property gifted in this deed does not belong to, or given in, or endowed to any public deity.
- This property does not belong to Odisha Bhoodan Yagna Samiti/ Urban Local body of the State.
- That the said transaction of land is not prohibited/ restricted by any Act/law of the State or Central Government.
IN WITNESS WHEREOF, this Gift Deed is made, executed and signed by the Donor in favour of the Donee on this the day, month and year aforementioned with his own free will, consent and good conscience, without any coercion, fraud, undue influence, mis-representation and duress etc., after having fully understood the contents of the same in presence of the below mentioned witnesses.
.
The content of the deed was explained to us/ We understood the content of the deed and found Correct.
SIGNATURE OF DONOR SIGNATURE OF THE DONEE
IN ACCEPTANCE OF THE GIFT
WE stand witness to the voluntary execution of this deed by the DONOR by subscribing our signatures on the date mentioned there under.
- SIGNATURE :
NAME :
ADDRESS :
- SIGNATURE :
NAME :
ADDRESS :
THIS DOCUMENT IS PREPARED BY
(Signature with Date/ Name & Address)
Gift deed execution and registration
After the gift deed is drafted, the second step is to print it on non-judicial stamp paper of the value. This is different according to the state and property type. Next the donor and donee have to visit the SRO and provide documents such as ID and supporting documents. The donor and donee will sign the deed before the SRO and once registered the gift deed is executed.
Who are the different parties in a gift deed?
The donor and donee are the parties involved in a gift deed. The donor should gift with a sound mind and should be able to enter into agreements when gifting the property by way of executing gift deed. Note that a minor cannot gift the property as they cannot enter into any agreement. However, a guardian to the minor can accept gifts on the behalf of the minor.
Gift deed: Tax implications
The gifts are taxed under Section 56(2)(x) of the Income Tax Act, 1961, after 1 April 2017.
According to section 56(2)(x)(b), when a donee gets a gift and the stamp duty of the gift deed that has been executed is more than Rs50,000, then the donee has to pay the tax on the stamp duty value of the property.
However, if the property is received as gift from anyone of the following people, the donee will be exempted of the tax.
- If the property is gifted by relatives
- If the property was received as gift during marriage
- If the property was received as gift by way of will
- If the property was received as gift in contemplation of donor’s death
- If the property was received as gift from local authority, any trust or fund.
Can a gift deed executed by senior citizen be revoked?
Yes. As per the latest Supreme Court landmark judgement, a gift deed executed by a senior citizen was revoked after her maintenance conditions were not met with.
The case in point is that of Urmila Dixit vs Sunil Sharan Dixit, whose ruling was pronounced January 2, 2025.
A gift deed was registered on September 9, 2019 by Urmila Dixit (appellant) for her son Sunil Sharan Dixit . On the same day a vachan patra / promissory note was executed by the Respondent wherein it was stated that he will take care of the appellant till the end of her life and if he does not do so, the appellant will be at liberty to take back the Gift Deed. The Respondent, before this Court, had alleged this vachan patra to be fabricated.
Thereafter, on December 24, 2020, the Appellant filed an application under Sections 22 and 23 of the Act before the Sub Divisional Magistrate, Chhatarpur, alleging that she and her husband were attacked by the respondent for further transfer of property and that the love and affection between the parties has completely ended. She prayed for setting aside the gift deed in question. This application came to be allowed, and the Gift Deed, transferring the property of the Appellant to the Respondent, was declared null and void.
Can you sell a property that has been gifted to you?
Yes, a property that has been gifted can be sold be the donee if there are no clauses against selling it by the donor. In case the donor while executing the gift deed adds a clause that the donee has to hold the sale of property for x number of years or cannot sell the property at all, the donee has to honour this. In case the donee doesn’t pay heed to this clause and proceeds to sell the property, the donor has full right to revoke the gift deed and thus redeem his property. The first step to sell gifted property is that it has to be registered.
Housing.com POV
Gift deed is one of the ways in which you can transfer the ownership of a property, when it is to be gifted to someone. This is different from the sale deed and here the stamp duty has to be paid by the donor. While gifting a property, a gift deed should be invoked to safeguard the interests of both donor and the donee in the process of gifting. It is recommended to get in touch with a lawyer who will help draft or verify the drafted gift deed to check if it is complaint with local laws.
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FAQs
What is the stamp duty on a gift deed?
In India, stamp duty on gift deeds can range between 2% and 7%, depending on the state where the deed is being registered.
Is registration of a gift deed mandatory?
Yes, registration of a gift deed is mandatory under the provisions of the Registration Act, 1905.