GIFT DEED
THIS GIFT DEED is made and executed on this ____________, at ____________.
BETWEEN
DONOR
I, ____________, S/o /
D/o / W/o ____________, aged about ____________
years, occupation ____________, resident of ____________,
hereinafter referred to as the “DONOR”, which expression shall, unless
repugnant to the context, include his/her legal heirs, successors,
representatives and assigns.
AND
DONEE
____________, S/o / D/o /
W/o ____________, aged about ____________
years, occupation ____________, resident of ____________,
hereinafter referred to as the “DONEE”, which expression shall, unless
repugnant to the context, include his/her legal heirs, successors,
representatives and assigns.
The Donor and Donee are hereinafter collectively referred to
as the “Parties.”
WHEREAS
- That
the Donor is the absolute, lawful and exclusive owner and is in peaceful
possession of the immovable property more particularly described in the Schedule
of Property annexed to this Gift Deed.
- That
the Donor acquired the said property by way of Sale Deed / Allotment /
Inheritance / Partition / Gift / Other ____________,
dated ____________, registered as Document No. ____________,
before the office of ____________.
- That
the Donor has been enjoying peaceful possession and use of the said
property and has full right, title, interest and authority to deal with
and transfer the same in accordance with law.
- That
the Donee is the ____________ of the
Donor.
- That
the Donor has, out of his/her own free will and natural love and affection
towards the Donee, decided to gift the property described in the Schedule
to the Donee without any monetary consideration.
- That
the Donor is competent to execute this Gift Deed and there is no legal
restriction known to the Donor preventing the proposed gift.
- That
the Donee has agreed to accept the gift during the lifetime of the Donor.
NOW THIS GIFT DEED WITNESSETH AS FOLLOWS:
1. TRANSFER BY WAY OF GIFT
The Donor hereby voluntarily, absolutely and without any
monetary consideration, gifts, transfers, conveys and assigns unto the Donee
all his/her rights, title, interest and ownership in the property described in
the Schedule of Property, together with all buildings, structures, fixtures,
easements, rights, privileges, benefits and appurtenances attached thereto.
2. NATURAL LOVE AND AFFECTION
The Donor declares that this gift is being made purely out
of natural love and affection towards the Donee and that no sale consideration,
monetary consideration or other consideration has been received or agreed to be
received from the Donee.
3. ACCEPTANCE OF GIFT
The Donee hereby accepts the gift made by the Donor during
the lifetime of the Donor and confirms his/her acceptance of the gifted
property along with all rights and interests attached thereto.
4. DELIVERY OF POSSESSION
The Donor hereby delivers actual / symbolic /
constructive possession of the gifted property to the Donee on
execution/registration of this Gift Deed, as applicable.
5. TITLE OF DONOR
The Donor declares and represents that:
a. The Donor has lawful and transferable title to the
property.
b. The Donor has full authority to execute this Gift Deed.
c. No other person has any undisclosed ownership interest in
the property to the knowledge of the Donor.
d. The Donor has not previously transferred the property to
any other person.
6. ENCUMBRANCES
The Donor declares that the gifted property is free from
mortgage, charge, lien, lease, attachment, acquisition proceedings, litigation,
injunction or other encumbrance, except as specifically mentioned below:
____________
____________
7. QUIET AND PEACEFUL ENJOYMENT
The Donee shall, subject to applicable law, be entitled to
hold, possess, use and enjoy the gifted property peacefully and without
unlawful interference from the Donor or any person claiming through the Donor.
8. RIGHTS AND APPURTENANCES
The gift shall include all rights, easements, pathways,
passages, water rights, electricity connections, common areas, fixtures,
improvements and other benefits attached to or enjoyed with the property, to
the extent legally transferable.
9. TAXES AND GOVERNMENT DUES
All taxes, charges, assessments and other dues relating to
the property shall be dealt with by the Parties in accordance with applicable
law and the requirements of the concerned authority.
10. MUTATION OF PROPERTY
The Donee shall be entitled to apply for mutation and
recording of his/her name in the relevant revenue, municipal, development
authority or other property records on the basis of this Gift Deed.
The Donor shall provide reasonable cooperation for
completing such mutation formalities.
11. HANDING OVER OF DOCUMENTS
The Donor shall hand over to the Donee the available
original title documents, previous deeds, tax receipts, possession documents
and other relevant papers relating to the gifted property, subject to their
availability and applicable law.
12. NO CONSIDERATION
The Parties expressly declare that this transaction is a
gift and not a sale, exchange or commercial transaction, and no monetary
consideration has been paid or received for the transfer.
13. VOLUNTARY EXECUTION
The Donor declares that this Gift Deed is being executed
voluntarily, consciously and with full understanding of its contents and
consequences and without any force, fraud, coercion, undue influence, pressure
or misrepresentation.
14. IRREVOCABILITY
The Donor acknowledges that, upon valid completion of the
gift in accordance with applicable law, the gift shall not be revoked merely at
the unilateral wish of the Donor, except in circumstances expressly permitted
under applicable law.
15. NO FUTURE CLAIM
Subject to applicable law, after valid completion of the
gift, the Donor shall not make any claim inconsistent with the rights lawfully
transferred to the Donee under this Gift Deed.
16. INDEMNITY
The Donor shall, to the extent permitted by law, indemnify
and keep the Donee indemnified against any loss arising from a defect in the
Donor's title or any prior undisclosed encumbrance created by the Donor.
17. REGISTRATION
The Parties shall present this Gift Deed before the
concerned Sub-Registrar/Registrar/competent authority wherever
registration is required by law and shall comply with all applicable
requirements relating to stamp duty, registration fees, identification,
witnesses and other formalities.
18. STAMP DUTY AND REGISTRATION EXPENSES
The stamp duty, registration charges and other expenses
relating to this Gift Deed shall be borne by:
____________
or as otherwise mutually agreed and permitted under
applicable law.
19. FURTHER ASSURANCE
The Donor shall, whenever reasonably required, execute and
sign such further lawful documents and do such acts as may be necessary for
giving full effect to the gift and for recording the Donee's rights in the
relevant records.
20. REPRESENTATIONS OF DONEE
The Donee confirms that:
a. He/She has understood the nature and contents of this
Gift Deed.
b. He/She voluntarily accepts the gift.
c. He/She has not paid any monetary consideration for the
gifted property.
d. He/She shall comply with applicable legal requirements
concerning the property.
21. POSSESSION AND MAINTENANCE
From the date of lawful transfer and delivery of possession,
the Donee shall be entitled to maintain, use and manage the gifted property and
shall bear applicable future expenses, taxes and charges relating thereto.
22. NO THIRD-PARTY RIGHTS
The Donor declares that, except as disclosed in this Gift
Deed, no third-party rights have been knowingly created in the gifted property
by the Donor.
23. EXISTING LOAN OR ENCUMBRANCE
If any loan, mortgage, charge or other encumbrance exists
over the property, the same shall be specifically disclosed below:
____________
____________
If none, it is declared that there is no known
outstanding loan, mortgage, charge or encumbrance over the property.
24. LITIGATION
The Donor declares that, to the best of his/her knowledge,
the property is not subject to any pending litigation, injunction, attachment
or acquisition proceeding, except:
____________
25. GOVERNMENT AND LOCAL AUTHORITY RECORDS
The Parties shall cooperate with the concerned Revenue
Authority, Municipal Authority, Development Authority, Housing Authority or
other competent authority for recording and updating the transfer in accordance
with law.
26. ELECTRICITY, WATER AND OTHER CONNECTIONS
All existing electricity, water, gas, sewerage and other
utility connections attached to the property shall be dealt with and
transferred/updated in accordance with the rules of the respective service
provider.
27. SUCCESSORS AND LEGAL HEIRS
This Gift Deed shall, subject to applicable law, bind the
Parties and their respective legal heirs, successors, representatives and
permitted assigns.
28. NO ORAL MODIFICATION
No amendment, modification or alteration of this Gift Deed
shall be effective merely by an oral understanding. Any lawful modification,
wherever permissible, shall be recorded in writing and executed in the manner
required by law.
29. SEVERABILITY
If any provision of this Gift Deed is held to be invalid or
unenforceable by a competent authority, the remaining provisions shall continue
to operate to the extent permitted by law.
30. GOVERNING LAW
This Gift Deed shall be governed by and construed in
accordance with the applicable laws of India.
31. JURISDICTION
Subject to applicable law, the competent courts and
authorities having jurisdiction over the location of the property shall have
jurisdiction concerning matters arising from this Gift Deed.
32. ENTIRE UNDERSTANDING
This Gift Deed constitutes the complete understanding
between the Donor and Donee regarding the gift of the property described herein
and supersedes any prior understanding concerning the same subject matter, to
the extent legally permissible.
33. DECLARATION
The Donor and Donee declare that they have carefully read
and understood this Gift Deed, that the particulars mentioned herein are true
and correct, and that they are executing the same voluntarily.
SCHEDULE OF PROPERTY
Description of the Gifted Property
- Type
of Property: ____________
- House/Flat/Plot
No.: ____________
- Khasra/Survey
No.: ____________
- Khata/Khatauni
No.: ____________
- Area:
____________
- Built-up
Area, if applicable: ____________
- Floor,
if applicable: ____________
- Address:
- Village/Locality:
____________
- Tehsil:
____________
- District:
____________
- State:
____________
- PIN
Code: ____________
BOUNDARIES
East:
____________
West:
____________
North:
____________
South: ____________
DOCUMENTS RELATING TO PROPERTY
- Previous
Document No.: ____________
- Date
of Previous Document: ____________
- Registration
Office: ____________
- Property
Tax/Assessment No.: ____________
- Other
Relevant Document: ____________
IN WITNESS WHEREOF
The Donor and Donee have signed and executed this Gift Deed
on the date and at the place first mentioned above, in the presence of the
witnesses named below.
DONOR
Name: ____________
Signature: ______________________________
Thumb Impression: _______________________
Date: ____________
DONEE
Name: ____________
Signature: ______________________________
Thumb Impression: _______________________
Date: ____________
WITNESS NO. 1
Name: ____________
Father's/Husband's Name: ____________
Age: ____________
Address: ____________
Mobile No.: ____________
ID Proof: ____________
Signature: ______________________________
WITNESS NO. 2
Name: ____________
Father's/Husband's Name: ____________
Age: ____________
Address: ____________
Mobile No.: ____________
ID Proof: ____________
Signature: ______________________________
