Gift Deed (Real Estate) Template for India

A Gift Deed (Real Estate) is a crucial legal instrument in Indian property law that enables the voluntary and gratuitous transfer of immovable property. It is commonly used in family transfers, charitable donations, and estate planning. The document must comply with the Transfer of Property Act, 1882, particularly Sections 122-129, and requires mandatory registration under the Registration Act, 1908. It's essential for situations where property owners wish to transfer their property rights during their lifetime without receiving any consideration in return. The deed must include comprehensive property details, clear transfer intentions, acceptance statements, and comply with state-specific stamp duty requirements. It's particularly important in family settlements, charitable donations, and situations requiring tax-efficient property transfer.

1. Parties: Details of the donor (person giving the property) and donee (person receiving the property), including their names, ages, occupations, and complete addresses

2. Background: Brief background explaining the relationship between parties and the donor's ownership of the property

3. Definitions: Definitions of key terms used in the deed

4. Details of Property: Clear identification and description of the property being gifted, including its location, boundaries, and registration details

5. Declaration of Gift: Clear statement expressing the donor's intention to gift the property voluntarily and without consideration

6. Acceptance: Statement of acceptance of the gift by the donee

7. Title and Ownership: Declaration of the donor's absolute ownership and right to gift the property

8. Possession: Details about the transfer of possession and effective date of the gift

9. Rights and Interests: Description of rights, interests, and entitlements being transferred to the donee

10. Representations and Warranties: Donor's declarations regarding property title, encumbrances, and legal status

11. Registration and Stamp Duty: Provisions regarding registration of the deed and payment of applicable stamp duty

12. Governing Law: Specification that the deed is governed by Indian laws

13. Execution: Signature clause and witness details