Laws regarding gift deed

Registration : A gift of immovable property amounts to its transfer under the Transfer of Property Act. Hence, the gift deed needs to be compulsorily registered with the sub-registrar in the area where the property is situated.

Documents : A copy of the gift deed, title deeds of the property, encumbrance certificate, statement of particulars of the property, its market value and the extract of assessment register of the property must be submitted at the time of registration.

Stamp duty : The stamp duty is calculated as a percentage of the market value of the gifted property and differs from state to state. Such a gift to

Registration: A gift of immovable property amounts to its transfer under the Transfer of Property Act. Hence, the gift deed needs to be compulsorily registered with the sub-registrar in the area where the property is situated.

Documents: A copy of the gift deed, title deeds of the property, encumbrance certificate, statement of particulars of the property, its market value and the extract of assessment register of the property must be submitted at the time of registration.

Stamp duty: The stamp duty is calculated as a percentage of the market value of the gifted property and differs from state to state. Such a gift to

Gift of an immovable property is considered as a 'transfer' under the provisions of the TOP Act and you have to have the transaction registered through a Gift Deed and pay stamp duty as per provisions of the relevant stamp act depending in which state the property is situated.

As per section 123 of Transfer of Property Act, the transfer under gift must be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witness.  As such the registration of gift of immovable property is compulsory to be effective. The stamp duty on registration is a state subject, so you may enquire from Sub Registrar Pune. 

ld sh ajit singh cheema has very rightly advised.  just to add that unregistered gifts of immovable property do not result  in  transfer of titles

ld sh ajit singh cheema has very rightly advised.  just to add that unregistered gifts of immovable property do not result  in  transfer of titles

Dear Sirs,

Can any learned member provide urgent inputs on procedure adopted for  cancellation of registered deed registered under due process in W.B, in 2009; Brief facts of the case is the Husband gifted the entire  property having land & buildings in his wife name, now wife is not allowing his entry in the house and virtually out state him with ill motive of selling the said property.

Under the circumstances what is the legal remedy ; & how to revoke the gift deed , will be grateful for immediate guide one the matter by learned members.

With regards.