Gift deed
A document by which a person transfers property to another voluntarily and without payment. A gift of immovable property must be by a registered deed attested by two witnesses.
A gift deed transfers property from the donor (the giver) to the donee (the receiver) without any money changing hands. It is commonly used to pass a house or land to a child, spouse or other family member during the donor's lifetime.
The law behind it
Section 122 of the Transfer of Property Act, 1882 defines a gift as a voluntary transfer without consideration, accepted by the donee during the donor's lifetime. Section 123 says a gift of immovable property must be made by a registered document, signed by the donor and attested by at least two witnesses. Movable property can be gifted by a registered document or by delivery.
Can a gift be cancelled
Section 126 allows a gift to be revoked only in limited cases: where the donor and donee agreed that it would be revoked on a specified event not depending on the donor's will alone, or on grounds that would allow a contract to be set aside, such as fraud or coercion. A donor cannot simply change their mind later.
Stamp duty
Many States charge a lower stamp duty on gifts to close family members than to others. The rates and the list of relatives differ by State, so check your State's figure before buying stamp paper.
- The donee must accept the gift while the donor is alive.
- The deed should describe the property fully and say that no payment is made.
- After registration, apply for mutation in the donee's name.
Draft a gift deed, and read gift deed to family: stamp duty and registration.
Checked against the sources below on 7 November 2026 IST. General information about Indian law, not legal advice for your case.
Documents that use this term
Guides that explain more
- Gifting Property to Family: Registration, Acceptance, Revocation
A gift of property to a relative needs a registered deed, two attesting witnesses and acceptance in the donor's lifetime. Once complete it is very hard to undo, unless the law on senior citizens applies.
- Gift Deed vs Sale Deed: Which One Actually Transfers Property Correctly
A gift deed and a sale deed both transfer title, but stamp duty, tax treatment and reversibility differ sharply, and several states tax gifts very differently depending on who the recipient is.
- Relinquishment Deed: How to Give Up Your Share in Family Property
A relinquishment deed lets a co-owner give up a share in favour of the other co-owners. It must be registered, stamp duty depends on your State, and once signed it is very hard to take back.