Gift Deed for Property — Stamp Duty Concessions for Family, Process and Revocation
Gifting immovable property requires a registered gift deed: drafted, stamped, signed before two witnesses, accepted by the donee during the donor's lifetime, and registered at the sub-registrar (Section 123, Transfer of Property Act — an unregistered gift of property is void). Most states charge concessional stamp duty for gifts to close relatives (as low as ₹200 in Maharashtra for some family gifts; Delhi and others charge normal rates). Once accepted and registered, a gift is generally irrevocable.
कायदेशीर मुदती
- Days — Draft + stamp the deed (with the family-concession check)
- Donor's lifetime — Acceptance by donee (legal requirement — record it in the deed)
- 4 months — Registration (from execution (Registration Act))
- Weeks — Mutation after registration (municipal/revenue records)
पायरी-पायरीने: काय करावं
- 1
What a valid gift needs
Voluntary, no consideration, acceptance in lifetime.
तपशील पहा
आम्ही हे तुमच्यासाठी करतो — ₹199A gift (Sections 122–123, Transfer of Property Act) is a voluntary transfer without consideration, requiring: a competent donor with clear title, the donee's acceptance during the donor's lifetime, and for immovable property, a registered deed attested by two witnesses — unregistered property gifts are void (no "gift on plain paper" works). Even a rupee of consideration makes it a sale, with sale-level duty. Our ₹199 drafting covers recitals of relationship, property schedule, acceptance and possession.
- 2
Stamp duty: where family gifts win
Concessional rates for blood relatives in many states.
तपशील पहा
Several states give big concessions for gifts to close relatives: Maharashtra — ₹200 duty for gifts of residential/agricultural property to spouse/children/grandchildren (plus metro cess/registration); UP — ₹5,000–7,000 range for family gifts (post-2022 concessions); Punjab/Haryana — exemptions/nominal for blood relations; others (Delhi) charge normal conveyance duty even in family. The definition of "relative" is state-specific — check the current schedule (or run our stamp duty calculator) before choosing gift vs sale vs will.
- 3
Execute and register like a sale
Sub-registrar appearance, witnesses, biometrics, then mutation.
तपशील पहा
Print on stamp paper/e-stamp of the computed value, sign before two witnesses, and register at the sub-registrar with both parties (or a valid POA) — ID, photos, PAN for higher values, and the property documents; the 4-month presentation window applies. After registration, complete mutation in municipal/revenue records and inform the housing society. Income-tax note: gifts from specified relatives are tax-exempt in the donee's hands (Section 56(2)(x)); gifts from non-relatives above ₹50,000 aggregate are taxable as income.
- 4
Revocation — mostly, you cannot
Plan with the irrevocability in mind; conditions are possible.
तपशील पहा
A completed gift is irrevocable except: a revocation condition agreed in the deed itself for specified events (Section 126 TPA), or grounds that void any contract (fraud, coercion, undue influence — litigated, not presumed). Parents gifting to children have one special shield: the Senior Citizens Act, Section 23 lets a maintenance tribunal declare a transfer void where the child fails to provide the agreed care — a powerful, purpose-built remedy. Structure alternatives (retaining life interest, will instead of gift) deserve a ₹299 consultation before signing away title.
खर्च आणि काय अपेक्षित
- ₹200–normal rates
Stamp duty
Family concessions state-wise; verify current
- ~1% (often capped)
Registration fee
Plus nominal charges
- ₹199
Deed drafting
WakilBhai; concession-aware recitals
- ₹299
Structure consultation
Gift vs will vs sale for your facts
A gift transfers title NOW and irrevocably — a will transfers on death and stays changeable. Choosing between them is the real decision; duty concessions should inform it, not drive it.
या अडचणीसाठी मोफत नमुने
वारंवार विचारले जाणारे प्रश्न
Can I gift property on plain paper or notarised deed to save duty?
No — Section 123 TPA makes registration mandatory for gifts of immovable property; unregistered gifts pass nothing, whatever the notary stamped. The concessional family duty in many states removes most of the cost reason for shortcuts anyway.
Is a gift to my son/daughter taxable?
No income tax for the donee — gifts from "relatives" (spouse, children, siblings, lineal ascendants/descendants and their spouses) are exempt under Section 56(2)(x) regardless of value. Stamp duty on the deed still applies per the state schedule. Later sale by the donee uses your original cost/holding period for capital gains.
Can a gifted property be taken back if relations sour?
Generally no — completed gifts are irrevocable. The exceptions: a revocation condition written into the deed, vitiated consent proven in court, and for senior-citizen donors, the Section 23 Senior Citizens Act route where the transfer was premised on care that is refused. Deed-stage planning (life interest, conditions) is the real protection.
Can I gift my share in a jointly-owned property?
Yes — an undivided share is giftable by the same registered-deed process; the donee steps into your share subject to co-owners's rights. Ancestral/HUF property is different: your power extends to your interest, and coparcenary rules constrain gifts of the whole — take advice for HUF property.
Gift deed vs transferring via a will — which is better for parents?
Gift: immediate, irrevocable, concession duty now, and the child can deal with the property at once. Will: control retained for life, changeable, no duty now (only later succession steps), but probate/heir processes follow death. Parents needing care security should either retain a life interest in the gift or prefer a will — the Section 23 remedy exists but litigation is a poor plan.
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