Deed of Gift Residential Flat Template

About this agreement

DEED OF GIFT OF RESIDENTIAL FLAT Format

Are you planning to gift your residential flat to a family member or loved one without any monetary exchange? A professionally drafted DEED OF GIFT OF RESIDENTIAL FLAT Format ensures a smooth, legally binding transfer of ownership in India. Download our ready-to-use, customizable legal template in PDF or Word format today for hassle-free property gifting.

What is a Deed of Gift of Residential Flat?

A Deed of Gift of Residential Flat is a legal document that facilitates the voluntary transfer of ownership of a residential property from the donor (giver) to the donee (receiver) without any consideration or payment. Governed by the Transfer of Property Act, 1882, and the Indian Stamp Act, this deed is essential for gifting immovable property like flats in India. It differs from a sale deed as it involves no sale price, making it ideal for inheritance planning, family settlements, or charitable gifting.

Our DEED OF GIFT OF RESIDENTIAL FLAT Format is designed by legal experts to comply with state-specific stamp duty requirements and registration laws, saving you time and legal fees.

Why is a DEED OF GIFT OF RESIDENTIAL FLAT Important?

Transferring a residential flat via gift requires a formal deed to avoid future disputes, tax implications, or invalidation by courts. Key reasons include:

Legal Validity: Ensures the transfer is irrevocable once registered, protecting both parties.
Tax Benefits: Attracts lower stamp duty compared to sale deeds; donees may claim exemptions under Income Tax laws for gifts from relatives.
Clarity and Proof: Provides documented evidence of intent, crucial for mutation of records in municipal corporations or societies.
Compliance: Meets requirements under Section 122 of the Transfer of Property Act and Section 17 of the Registration Act, 1908.

Without a proper DEED OF GIFT OF RESIDENTIAL FLAT Sample, the gift could be challenged as fraudulent or incomplete, leading to prolonged litigation.

Key Elements of DEED OF GIFT OF RESIDENTIAL FLAT Format

A comprehensive DEED OF GIFT OF RESIDENTIAL FLAT Format must include:

Parties' Details: Full names, addresses, and relationship between donor and donee.
Property Description: Precise details like flat number, building name, survey number, area (sq. ft.), and location.
Declaration of Gift: Clear statement of voluntary gift without consideration.
Rights and Liabilities: Transfer of all rights, title, and interest; donor's warranties on clear title.
Acceptance by Donee: Explicit acceptance clause.
Stamp Duty and Consideration: Nominal value or exemption clause.
Execution Clause: Signatures, witnesses, and date.
Annexures: Site plan, encumbrance certificate, society NOC, etc.

Our template covers all these essentials, making it ready-to-use for immediate customization.

Who Should Use This DEED OF GIFT OF RESIDENTIAL FLAT?

This legal template is perfect for:

Parents gifting flats to children for estate planning.
Spouses transferring property in marriage settlements.
Individuals donating residential flats to trusts or charities.
NRIs gifting inherited properties in India.

Common in urban areas like Mumbai, Delhi, Bangalore, it's widely used in family partitions, HUF dissolutions, and pre-nuptial arrangements.

Download Your Customizable DEED OF GIFT OF RESIDENTIAL FLAT Format Now!

Get instant access to our free download option or premium paid versions for advanced customization with AI assistance or legal review. Available in editable Word and PDF formats, tailored for Indian courts and sub-registrar offices.

Important Note

While our DEED OF GIFT OF RESIDENTIAL FLAT Sample is a reliable starting point, consult a local lawyer for state-specific modifications, stamp duty calculation, and registration. We recommend professional legal advice to ensure enforceability. Explore related templates like Gift Deed for Land, Sale Deed Format, or Will Templates for comprehensive property documentation.

(Word count: 528)

DEED OF GIFT OF RESIDENTIAL FLAT

Non-Judicial

With respect to : One residential flat measuring _____ Sq.ft in ______ floor together with

proportionate indivisible share in land .

Value assessed at Rs. _____________

MOUZA : _______________

P.S. : _____________

DISTT. : _________________.

THIS DEED OF GIFT IS MADE on the ___________DAY OF_______ MONTH _________YEAR, at __________.

-BETWEEN ?

Sri/Smt ____________________, Son/Daughter/wife of ________________, by religion _______, by Occupation _____________, resident of _______________________(Address with pin code), Post Office ______________ and Police Station _______________, Dist- ________________- hereinafter called the ?DONEE? (Which expression shall mean and include unless excluded by or repugnant to the context his heirs, executors, successors, legal representatives, administrators and assigns) of the ONE PART

-AND-

SRI/SMT ______________, son/daughter/wife of _, by religion , by Occupation _, resident of ________(Address with pin code), Post Office _ and Police Station _, Dist- ________- hereinafter called the ?DONOR? (Which expression shall mean and include unless excluded by or repugnant to the context her heirs, successors, legal representatives, administrators and assigns) of the OTHER PART.

WHEREAS the Donor hereof became the absolute owner and entered in actual physical possession of land measuring ____________ or _______ Katha __________Chattak in Plot No. __________, recorded in Khatian No. ______________ of Mouza __________. JL No. _____, P.S. ___________, Dist- ____________ by virtue of a Deed of Sale executed by (1) __________________ and (2) __________________, both sons/daughter/wife/other of _______________________ , resident of __________________________(Address with pin code) , P.O. __________ & P.S. ______________. Distt. ______________ on ____________(dd/mm/yyyy) and registered in the office of Sub Registrar, ________ being document No. ______ of ______ recorded in Book No. ________, Volume No. ________, pages _______ to __________ and thereby the Donor hereof acquired permanent, heritable and transferable right, title and interest therein free from all encumbrances and charges whatsoever.

-AND-

WHEREAS the Donor has constructed 3(three) storied building on the land as aforesaid out of her own fund vide sanctioned municipal plan map bearing Holding No. _________ of Village Name/Ward No. _____________ of __________________(Block/Corporation).

-AND-

WHEREAS the Donee is the nearest and dearest relation of Donor hereof and Donee is the son/daughter/wife of Donor and the Donor has deep love and affection for the Donee and in consideration of such deep love and affection which the Donor has for the Donee, the Donor has decided to make absolute gift of one residential flat measuring _________ Sq.ft on the ______ floor of her building together with proportionate undivided and indivisible share in land with all common areas and common facilities as fully described in the schedule below unto and in favour of Donee who has also agreed to accept the said Gift.

NOW THIS INDENTURE WITNESSETH that in pursuance of the aforesaid desire and decision of the Donor and in consideration of deep love and affection which the Donor has for the Donee, the Donor, out of her free will and without any fear, fraud, coercion, pressure or undue influence from any body whatsoever, DOTH herby give, grant, bestow upon and transfer by way of absolute gift her (Donor?s) said below scheduled residential flat on the first floor of her building together with proportionate undivided and indivisible share in land with all common areas and common facilities as fully described in the schedule below together with all her right, title, interest, hereditanents, liberties, easements, trees and fences etc. Whatsoever in any way belonging to or reputed to belong therewith and make over possession thereof unto and in favour of the Donee free from all encumbrances and charges whatsoever TO HAVE AND TO HOLD said below scheduled residential flat in _______ floor together with all common areas and common facilities together with proportionate undivided and indivisible share in land as absolute owner thereof, peaceably and quietly, with permanent, heritable and transferrable right and without any claim, objection, interference or interruption from the Donor or any person or persons claiming under her, subject to the payment of land revenue and other taxes to the superior land lord- now the Govt. of _______________ and proportionate holding tax etc. to the ________________________(Block/Corporation) or to such other lawful Authority or Authorities as law may provide from time to time in future.

The Donor declares that she has not previously transferred her below scheduled residential flat in any way whatsoever in favour of any other person or party nor she has created any lien, lease, mortgage, encumbrances, contract for sale or otherwise in favour of any other person or party respecting the below scheduled residential flat hereby transferred by way of gift in favour of the donee hereof.

The Donor further declares that she shall not, in future, revoke / Cancel this Gift and / or this Deed of Gift and that any such act or attempt in future by the Donor shall be void and not maintainable in law.

The value of said below scheduled residential flat with undivided and indivisible proportionate share in land hereby transferred by way of gift is assessed at Rs. _____________ for the purpose of N.J. Stamps duty and N.J. Stamps have been tagged with this Deed of Gift accordingly.

SCHEDULE of residential flat hereby Transferred by way of Gift :

All that piece and parcel of one residential flat measuring ???????________ Sq.ft in _______ floor with all common areas and common facilities in always, passages, drains, water courses, staircase and walls, roof, floor etc. with proportionate undivided and indivisible share in land and the said building known as _______________ is standing on the land measuring ____________ or ______ Katha _______ Chattak in Plot No. _______, recorded in _________. Khatian No. _________ of Mouza ___________, J.L. No. ________, new J. L. No. ________, situated in present Village/Ward No. ___________ of ___________________(Name of Block/Municipal Corporation), bearing Holding No. ______________- within the limits of _____________________________________________(Name of Block/Municipal Corporation), Police station, Sub Division and Registry office at _____________, Pargana _____________, touzi No. _________, Sheet No. _______, District- ___________.

Yearly rent for the land is Rs. _______ only payable to the superior landlord now the Govt. of __________________(Name of State).

IN WITNESS WHEREOF the Donor, in good health and concious mind has set and subscribed her hand on this Deed of Gift at ___________(Name of Place) on the day, month and year first above written.

Witness :

________________

Signature of Donor

I accept the Gift

________________

Signature of Donee

Drafted, readover, explained and typed in my office

Advocate, _______________(Name of Place)

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Important Guidelines

Guidelines for Drafting a Deed of Gift of Residential Flat

Usage: A Deed of Gift of Residential Flat is a legal document used when an individual or entity (the "donor") wishes to transfer ownership of a residential flat or apartment to another party (the "donee") as a gift. This deed outlines the terms and conditions of the property transfer and establishes the donee's legal ownership.

Common Mistakes to Avoid:

Clear Identification: Clearly identify both the donor and the donee, providing their full legal names, addresses, and contact information.

Property Description: Accurately describe the residential flat, including its address, unit number, size, boundaries, and any relevant legal descriptions.

Gift Intent: Explicitly state the donor's intent to gift the property without any monetary exchange, and include the phrase "gift" throughout the document.

Consideration: Ensure there is no expectation of payment or consideration from the donee in exchange for the gift.

Title and Ownership: Confirm that the donor has clear title and ownership of the flat, free from liens or encumbrances.

Liabilities and Taxes: Specify which party is responsible for any outstanding liabilities, taxes, or fees associated with the property.

Legal Advice: Seek legal advice or have the deed reviewed by an attorney experienced in property transfers to ensure compliance with local laws and regulations.

Notarization: Depending on local regulations, consider having the document notarized for added legal validity.

Acceptance by Donee: Include a clause indicating that the donee has accepted the gift and acknowledges its terms and conditions.

Recording: Record the deed with the appropriate government authority to establish the transfer's legal validity.

Delivery of Possession: Outline the process for the delivery of physical possession of the residential flat to the donee.

Witnesses: Depending on local regulations, consider having witnesses attest to the donor's and donee's signatures.

By following these guidelines and avoiding common mistakes, parties can draft a Deed of Gift of Residential Flat that legally and transparently transfers property ownership, ensures compliance with local laws, and minimizes the risk of future disputes or challenges to the gift.

Frequently asked questions

What is a Deed of Gift of Residential Flat?→

A Deed of Gift of Residential Flat is a legal document in India under the Transfer of Property Act, 1882, used to voluntarily transfer ownership of a residential flat from donor to donee without any monetary consideration.

Is this Deed of Gift legally valid in India?→

Yes, it is legally valid across India if drafted correctly, executed on appropriate stamp paper, signed by parties, attested by witnesses, and registered with the Sub-Registrar's office.

Do I need to pay stamp duty on this Deed of Gift in India?→

Yes, stamp duty is applicable based on the market value of the flat and varies by state (e.g., 2-7% in most states); registration fee also applies post-execution.

In what format can I download this Deed of Gift agreement?→

Download it in editable Word (.docx) or non-editable PDF format for convenience, suitable for printing and immediate use.

Can I customize or edit this Deed of Gift template?→

Absolutely, this customizable agreement allows editing of donor/donee details, property description, and clauses to suit your specific needs before stamping and signing.

Who should use this Deed of Gift for a residential flat in India?→

Ideal for family members like parents gifting flats to children, relatives, or spouses without exchange of money, ensuring smooth title transfer under Indian law.

DEED OF GIFT OF RESIDENTIAL FLAT

Non-Judicial

With respect to : One residential flat measuring _____ Sq.ft in ______ floor together with

proportionate indivisible share in land .

Value assessed at Rs. _____________

MOUZA : _______________

P.S. : _____________

DISTT. : _________________.

THIS DEED OF GIFT IS MADE on the ___________DAY OF_______ MONTH _________YEAR, at __________.

-BETWEEN ?

-AND-

SRI/SMT ______________, son/daughter/wife of _, by religion , by Occupation _, resident of ________(Address with pin code), Post Office _ and Police Station _, Dist- ________- hereinafter called the ?DONOR? (Which expression shall mean and include unless excluded by or repugnant to the context her heirs, successors, legal representatives, administrators and assigns) of the OTHER PART.

-AND-

SCHEDULE of residential flat hereby Transferred by way of Gift :

Yearly rent for the land is Rs. _______ only payable to the superior landlord now the Govt. of __________________(Name of State).

IN WITNESS WHEREOF the Donor, in good health and concious mind has set and subscribed her hand on this Deed of Gift at ___________(Name of Place) on the day, month and year first above written.

Witness :

________________

Signature of Donor

I accept the Gift

________________

Signature of Donee

Drafted, readover, explained and typed in my office

Advocate, _______________(Name of Place)

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