Gift Deed - Template Form to Create Word & PDF Pro · IN-law

Valid in India · drafted to comply with local law

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Gift Deed - Template Form to Create Word & PDF
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GIFT DEED

(Executed under Section 122 read with Section 123 of the Transfer of Property Act, 1882)

This GIFT DEED is made and executed at ________, Andaman and Nicobar Islands, on this ________;

BY:

________, son/daughter/wife of ________, Government identification (Aadhaar/PAN/Passport) bearing No. ________, aged ________ years, resident of ________ (hereinafter referred to as the "Donor", which expression shall, unless repugnant to the context or meaning hereof, mean and include the Donor's legal heirs, successors, executors, nominees, assignees, administrators and legal representatives) of the ONE PART;

IN FAVOUR OF

________, son/daughter/wife of ________, Government identification (Aadhaar/PAN/Passport) bearing No. ________, aged ________ years, resident of ________ (hereinafter referred to as the "Donee", which expression shall, unless repugnant to the context or meaning hereof, mean and include the Donee's legal heirs, successors, executors, nominees, assignees, administrators and legal representatives) of the OTHER PART.

The Donor and the Donee are hereinafter collectively referred to as the "Parties" and individually as a "Party".

WHEREAS:

A. The Donor is the absolute owner, seized and possessed of, and otherwise well and sufficiently entitled to the residential property, admeasuring ________ square meters, situated at ________, and more particularly described in the Schedule hereunder written (hereinafter referred to as the "Property").

B. The Donor acquired the Property absolutely by virtue of a sale deed dated ________, registered as Document No. ________ at the office of the Sub-Registrar at ________.

C. The Property is free from all manner of encumbrances, liens, charges, claims, liabilities, acquisitions, injunctions, attachments from any court of law, gifts, mortgages, demands, notices, notifications, legal disputes, differences, prior sale, agreements to sell and defects in title of whatsoever nature, and the Donor is fully entitled to dispose of the same.

D. The Donor bears natural love and affection towards the Donee, the Donee being related to the Donor as ________.

E. Out of such natural love and affection, the Donor has voluntarily agreed to gift the Property unto the Donee, and the Donee has agreed to accept the said gift, and the Parties are desirous of reducing the terms thereof into writing.

NOW THIS GIFT DEED WITNESSETH AS UNDER:

§ 1. Grant of Gift. That in consideration of the natural love and affection which the Donor bears towards the Donee (being related as ________), the Donor doth hereby voluntarily, freely and without any coercion, undue influence, fraud or misrepresentation, grant, convey, transfer and make a gift of the Property unto the Donee, absolutely and forever, to hold the same unto the Donee together with all rights, easements, privileges and appurtenances thereto.

§ 2. Tenancy. That the aforesaid Property under gift is occupied by ________ on a rent of Rs. ________ (Rupees ________) payable Monthly. The said tenant(s) have been informed to attorn to the Donee as the landlord and to pay the rent to the Donee with effect from the date of execution hereof.

§ 3. Delivery of Possession. That the actual, physical and vacant/symbolic possession of the aforesaid Property (subject to the tenancy referred to in § 2 above) has been delivered by the Donor to the Donee, and the Donee has accepted the same during the lifetime of the Donor, in compliance with Section 122 of the Transfer of Property Act, 1882.

§ 4. Acceptance. That the Donee has accepted the gift of the said Property and has taken over the ownership and possession thereof from the Donor, such acceptance being made during the lifetime of the Donor and while the Donor is capable of giving.

§ 5. Vesting of Title. That the Donee shall become the absolute and exclusive owner of the aforesaid Property with all rights of ownership therein on and from ________. The Donor shall, henceforth and after the execution and registration of this Gift Deed, be left with no right, title, interest, lien, claim or demand whatsoever of any sort or nature in or over the aforesaid Property.

§ 6. No Government Acquisition. That the Property is free from acquisition by the Government and has not been notified under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, or under any other law for the time being in force.

§ 8. Market Value and Stamp Duty. That the market value of the above-mentioned Property has been assessed at Rs. ________ (Rupees ________), as per the circle/ready reckoner rates notified by the Government. All facts relating to the market value and the chargeability of stamp duty and transfer duty have been fully and truly set forth in this deed, and the stamp duty of Rs. ________ has been duly paid thereon.

§ 9. Costs. That all expenses incidental to this Gift Deed, including stamp duty, registration charges and registration fees, have been borne and paid by the ________.

§ 10. Title Declaration. That the Donor hereby declares that the aforesaid Property is the self-acquired property of the Donor and that no other person has any right, title, interest, claim or demand of any sort whatsoever in the said Property, and the Donor has full right, power and absolute authority to gift the same unto the Donee in the manner as aforesaid.

§ 11. Free Will. That the Donor confirms that this gift is made out of the Donor's own free will and volition, with full understanding of its nature and consequences, without any consideration, coercion, undue influence, fraud, misrepresentation or duress whatsoever.

§ 12. Irrevocability. That the gift made hereunder is absolute and irrevocable, and the Donor shall not, at any time hereafter, revoke, cancel or annul this Gift Deed or claim any right, title or interest in the aforesaid Property gifted unto the Donee.

§ 14. Governing Law and Jurisdiction. That this Gift Deed shall be governed by and construed in accordance with the laws of India, and the courts at ________ shall have exclusive jurisdiction in respect of any matter arising out of or in connection with this Gift Deed.

SCHEDULE OF PROPERTY

(All that piece and parcel of the residential property admeasuring ________ square meters, situated at ________, bounded as follows:)

On or towards the North by: ________

On or towards the South by: ________

On or towards the East by: ________

On or towards the West by: ________

IN WITNESS WHEREOF the Parties have set and subscribed their respective hands and signatures to this Gift Deed at ________, Andaman and Nicobar Islands, on the date, month and year first above written, in the presence of the following witnesses, after fully considering and admitting the facts thereof:



___________________________

________ (DONOR)



___________________________

________ (DONEE)

WITNESSES:


1. ___________________

Name: ________

Address: ________


2. ___________________

Name: ________

Address: ________

Fields you complete are inserted into the document live. This template is general guidance only — not legal advice.