What Is a Gift Deed? Avoid Costly Mistakes
What is a gift deed? It is a written legal document that transfers ownership of an existing property or asset from the donor (giver) to the donee (receiver) voluntarily and without any payment. For a flat, house, site, or land, the law expects a registered gift deed. Once the donee accepts it and the Sub-Registrar registers it, the transfer becomes legal.
If you ask what a gift deed is in one line: a free, registered transfer.
Bangalore families use gift deeds to reduce disputes later.
Fast takeaways
- A gift deed works only for an existing property that the donor can legally transfer.
- For immovable property, registration is usually mandatory.
- After completion, a gift deed cannot be cancelled just because someone regrets it.
The core legal rules that make a gift deed valid
If you ask what is a gift deed, it is a free transfer that the donee accepts.
- Definition and acceptance: The Transfer of Property Act, 1882 (TPA) defines a gift as a voluntary transfer without consideration, and it requires acceptance by or on behalf of the donee during the donor’s lifetime (TPA Section 122).
- Form for immovable property: For immovable property, the gift must be made through a registered instrument, signed by the donor and attested by at least two witnesses (TPA Section 123).
- Compulsory registration: The Registration Act, 1908, lists instruments of gift of immovable property as compulsorily registrable (Registration Act, 1908 Section 17). A signed paper without registration usually does not transfer title.
- Revocation is limited: TPA Section 126 allows revocation only in narrow situations. The Supreme Court has stressed that an accepted gift deed cannot be revoked ordinarily, especially when the deed reserves no revocation right.
Karnataka proof point on charges (Bangalore)
Karnataka’s Department of Stamps and Registration publishes official stamp duty and registration fees for gift deeds. It shows two paths:
- Gifts to non-family donees generally attract percentage-based stamp duty and registration fee on market value (plus applicable surcharge/additional duty).
- Gifts to specified family members get concessional fixed stamp duty, with a fixed registration fee.
In Karnataka, this concessional duty is linked to Article 28 of the Karnataka Stamp Act, 1957.
How to make a gift deed without creating future problems
Once you understand what a gift deed is, the next question becomes how to make a gift deed without creating a future dispute. Small gaps can turn into big trouble.
- Title first: Confirm the donor has a clear title. Before you sign, check the Encumbrance Certificate (EC) in Karnataka to spot loans, liens, or earlier transfers.
- Acceptance matters: If the donee never accepts the gift, the transfer can fail. Put a clear acceptance clause.
- Possession and rights: Decide what you want to give: full ownership now, or ownership with limited rights (example: life interest). Say it clearly in the deed.
- Two witnesses: Choose witnesses who can later confirm execution.
Can a gift deed be revoked?
This is the most asked question online: Can a gift deed be revoked? Usually, no.
A gift deed can be revoked only in limited situations, such as:
- The deed contains a revocation condition linked to a specific event that does not depend on the donor’s will (TPA Section 126), or
- The donor proves serious defects like fraud, coercion, or undue influence.
Senior citizens may also have a remedy under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Section 23), where a transfer happens with a condition of care and the transferee fails. Outcomes depend heavily on the deed wording and facts.
Gift deed vs Will
If you want the donee to own the property today, a gift deed usually fits. If you want flexibility, a Will often fits better.
If the transfer is happening because someone passed away, a gift deed is often not the right tool. Read our guide on transfer of joint property on death to understand the usual process.
Gift deed format, documents, and registration charges in Bangalore
Now that you know what a gift deed is, let’s get practical for Bangalore, Karnataka: gift deed format, documents, and gift deed registration charges.
Gift deed format: the clauses you should never skip
A clean gift deed format normally includes:
- Donor and donee details (name, age, address, ID details)
- Relationship (helps in concessional duty and clarity)
- Clear statement: voluntary gift, no consideration
- Full property schedule (khata/survey details, measurements, boundaries, flat details)
- Market value statement (as per registration guidance)
- Possession clause (delivered now or not, as applicable)
- Donee acceptance clause
- Signatures + two witnesses
Documents required for gift deed registration
Keep these ready:
- Title deed of the property
- Encumbrance Certificate (EC) in Karnataka
- Latest property tax receipt
- Khata extract / municipal record (as applicable). If you are unsure, see the difference between A Khata and B Khata.
- Aadhaar/PAN and address proof for donor, donee, and two witnesses
Gift deed registration charges in Bangalore: a small clarity table
Here’s a quick summary of gift deed registration charges from Karnataka’s fee list, for anyone still asking what a gift deed is going to cost.
Confirm the latest figure at the Sub-Registrar because notifications can change. You can also cross-check basics onKaveri Online Services.
| Scenario (Karnataka) | Stamp duty (broad) | Registration fee (broad) |
| Gift to a non-family member | 5% of market value + applicable surcharge/additional duty | 2% of market value |
| Gift to specified family member in BBMP/BMRDA/City Corp | Fixed concessional duty (commonly shown as ₹5,000) | ₹1,000 |
| Gift to a specified family member in the Municipal/Town Panchayat | Fixed concessional duty (commonly shown as ₹3,000) | ₹1,000 |
| Gift to a specified family member in other areas | Fixed concessional duty (commonly shown as ₹1,000) | ₹1,000 |
Two-line summary: In Bangalore city limits, family gifts often fall under fixed concessional duty. Gifts to non-family donees can cost much more because charges run on market value.
Take from Prashastha Legal
A gift deed is not a promise. It is a transfer. That is why, when people ask us again and again what a gift deed is, we tell them to treat it like a one-way door.
If you still need safety, income, or control, do not sign under pressure. Get the structure right, or choose a better tool.
FAQs
1) What is a gift deed in simple words?
What is a gift deed? It is a registered document that transfers ownership for free from donor to donee, with acceptance by the donee.
2) Is registration mandatory for a gift deed in Karnataka?
For immovable property, yes. Registration is compulsory under the Registration Act, and TPA requires a registered instrument for such gifts.
3) What is the best gift deed format for a flat?
Use a detailed schedule (flat number, floor, apartment name, khata details), clear gift intent, acceptance clause, and two witnesses.
4) What are the gift deed registration charges in Bangalore?
They include stamp duty plus registration fee. For specified family members, Karnataka often applies a fixed concessional duty and a ₹1,000 registration fee. For others, charges are percentage-based.
5) Can a gift deed be revoked after registration?
Only in limited cases under TPA Section 126, or when the gift suffers from legal defects like fraud or coercion. Regret alone is not enough.
6) How to make a gift deed for a minor child?
The minor can be the donee. The natural guardian accepts the gift on the child’s behalf, and the deed should record this clearly.
7) Is a gift deed taxable in India?
It depends on the relationship and value. Gifts from relatives often fall under income tax exemptions under Section 56(2)(x) of the Income-tax Act. Gifts from non-relatives may become taxable above the specified limits.
8) Can a gift deed be challenged?
Yes. People challenge gift deeds for lack of capacity, undue influence, or defective title. If a dispute has already started, you may also want to read about property disputes in Bangalore and the common issues courts see.
Need help with a gift deed in Bangalore?
If you still wonder what a gift deed is for your situation, or you feel confused about charges, worried about family pressure, or unsure whether a gift deed will stand, do not guess.
Talk to our property lawyers in Bangalore for a practical document review and the right drafting approach. When you are ready, contact us, and we will help you complete the gift deed safely, with clear clauses that reduce future disputes.
