Table of Contents
Frequently asked questions:
What is a Gift Deed and why is it important?
A Gift Deed is a legal document through which the owner of a property voluntarily transfers it to another person without any monetary consideration, usually out of love and affection. It serves as legal proof of the transfer and is required for registration under the Transfer of Property Act, 1882.
Is registration of a Gift Deed mandatory?
Yes. Under Section 123 of the Transfer of Property Act, a Gift Deed relating to immovable property must be registered with the Sub-Registrar of Assurances to be legally valid.
Can a gift be revoked after it is made?
Generally, a gift once made is irrevocable. However, it can be revoked if there is an express agreement in the Gift Deed allowing revocation under certain conditions or if the gift was obtained through fraud, coercion, or undue influence.
Is consideration required for a valid gift?
No. A gift is by definition a transfer without monetary consideration. The motive is usually natural love and affection, charity, or respect.’
What types of property can be gifted?
Both movable and immovable property can be gifted, provided the donor has legal ownership and the property is transferable under the law.
Can a minor be a donor or donee?
A minor cannot be a donor as they are not competent to contract. A minor can be a donee, but in such cases, the gift must be accepted on their behalf by a lawful guardian.
What are the tax implications of receiving a gift?
Under the Income Tax Act, 1961, gifts from specified relatives (including parents, spouse, siblings, etc.) are exempt from tax. However, gifts from non-relatives exceeding ₹50,000 in a financial year may be taxable as “Income from Other Sources.”
What happens if the donee dies before accepting the gift?
If the donee dies before acceptance, the gift becomes void. Acceptance is a mandatory requirement for a valid gift under the law.
Can conditional gifts be made?
Yes, a donor can impose reasonable conditions in a Gift Deed, such as retaining life interest in the property, provided such conditions are lawful and do not defeat the nature of the gift.
What are the essential elements for a valid gift?
Competent donor and donee
Existing transferable property
Voluntary and unconditional transfer
Without consideration
Acceptance by the donee during the lifetime of the donor
Registration in case of immovable property
DRAFT GIFT DEED
THIS DEED OF GIFT is made on this 16th day of August, 2025 at Ahmedabad, Gujarat.
BETWEEN
Mr. Rajesh Kumar Sharma, son of Late Shri Mohan Lal Sharma, aged about 62 years, residing at 24, Lotus Residency, Satellite, Ahmedabad – 380015, Gujarat, hereinafter referred to as the “Donor” (which term shall, unless repugnant to the context or meaning thereof, include his heirs, executors, administrators and assigns).
AND
Mr. Ankit Sharma, son of Mr. Rajesh Kumar Sharma, aged about 32 years, residing at 48, Sunrise Apartments, Bopal, Ahmedabad – 380058, Gujarat, hereinafter referred to as the “Donee” (which term shall, unless repugnant to the context or meaning thereof, include his heirs, executors, administrators and assigns).
WHEREAS
The Donor is the absolute and sole owner of Residential Flat No. 504, Block-B, Lotus Residency, Satellite, Ahmedabad, along with proportionate undivided share in the land underneath, more particularly described in the Schedule A annexed hereto (hereinafter referred to as the “said property”).
The said property was acquired by the Donor through a registered sale deed dated 14th February 2005, registered as Document No. 245/2005 in the office of the Sub-Registrar, Ahmedabad.
The Donor, out of natural love and affection for his son, the Donee, has voluntarily decided to gift, transfer and convey the said property to the Donee without any monetary consideration.
The Donee has agreed to accept the gift subject to the terms and conditions set forth herein.
NOW THIS DEED WITNESSETH AS UNDER
Transfer of Property
The Donor hereby voluntarily, of his own free will, without any coercion, fraud or undue influence, gifts, grants, conveys and transfers absolutely, the said property together with all rights, title, interest, easements and appurtenances thereto, unto the Donee to have and to hold the same absolutely and forever.
Consideration
The Donor affirms that the gift is made out of natural love and affection and without any monetary consideration.
Possession and Title
The Donor has this day delivered vacant physical possession of the said property to the Donee. The Donor declares that he has absolute right, title and interest in the said property, free from all encumbrances, charges, liens, mortgages, court attachments, claims or disputes.
Encumbrances
The Donor further declares that the said property is not subject to any litigation, acquisition proceedings, notices, or government claims. In case of any defect in title or encumbrance arising prior to the date of execution of this deed, the Donor shall indemnify and keep indemnified the Donee against all losses and damages.
Acceptance of Gift
The Donee hereby accepts the gift of the said property along with its possession and undertakes to enjoy the same peacefully without any interference from the Donor or any person claiming through him.
Taxes and Outgoings
All municipal taxes, electricity charges, water charges and other outgoings in respect of the said property are paid up to the date of execution of this deed by the Donor. Any dues arising thereafter shall be borne and paid by the Donee.
Irrevocability
This gift is absolute, unconditional, and irrevocable.
Registration and Expenses
The stamp duty, registration charges and incidental expenses relating to the execution and registration of this deed shall be borne by the Donee.
SCHEDULE – A
(Description of the Property)
All that piece and parcel of Residential Flat No. 504, Block-B, Lotus Residency, Satellite, Ahmedabad, admeasuring 1,500 sq. ft. super built-up area, along with proportionate undivided share of land, bounded as under:
North: Block-A of Lotus Residency
South: Open Garden Area
East: Internal Road
West: Block-C of Lotus Residency
IN WITNESS WHEREOF, the Donor and the Donee have hereunto set their respective hands to this Deed of Gift on the day, month, and year first above written in the presence of the following witnesses.
SIGNED AND DELIVERED
by the within named Donor
Mr. Rajesh Kumar Sharma
(Signature)
SIGNED AND ACCEPTED
by the within named Donee
Mr. Ankit Sharma
(Signature)
WITNESSES:
Name: Mr. Vivek Mehta
Address: 12, Green Park, Vastrapur, Ahmedabad – 380015
Signature: ________
Name: Mrs. Kavita Sinha
Address: 8, Royal Heights, Prahladnagar, Ahmedabad – 380051
Signature: _______