IndiaHow do I create a valid gift deed for property?
To create a valid gift deed for property in India, you must execute a written, registered, and stamped document signed by the donor and attested by at least two witnesses.
What the Law Says
The validity of a gift deed for immovable property in India is governed primarily by the Transfer of Property Act, 1882, and the Indian Registration Act, 1908. A gift must be made voluntarily and without consideration, and for immovable property, it must comply with strict formalities.
A gift of immovable property (e.g., land or building) is valid only if it is made by a registered instrument — that is, a written deed signed by the donor and attested by at least two witnesses.
The deed must be stamped with the appropriate stamp duty as prescribed under the applicable State Stamp Act (e.g., the Indian Stamp Act, 1899, as adopted by each state). Stamp duty varies across states but is typically higher for gifts than for sales.
Oral gifts of immovable property are void — no matter how clear the intention — unless reduced to writing and registered.
Statutory TextGift of immovable property must be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
— Transfer of Property Act, 1882, s. 123 — Gift of immovable property
Statutory TextNo document of the nature referred to in section 17 shall be admitted in evidence unless it has been registered.
— Indian Registration Act, 1908, s. 49(c) — Effect of non-registration
What to Do
Draft a clear gift deed stating full details of donor, donee, property (with survey number, area, boundaries), and declaration of voluntary transfer without consideration.
Pay applicable stamp duty (varies by state; e.g., 5–12% of market value in many states) and get the deed stamped at the jurisdictional Sub-Registrar Office.
Appear before the Sub-Registrar with the donor, donee, and at least two witnesses; sign the deed in their presence.
Register the deed under the Indian Registration Act, 1908 — registration is mandatory and cannot be waived.
Obtain certified copy of registered deed and update property records (e.g., mutation in revenue records).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.