================================================================ GIFT DEED CHECKLIST ================================================================ Property: ______________________ Date: ______________ BEFORE DRAFTING --------------- [ ] Confirm the donor holds clear, registered title to the property being given [ ] Check that no loan or mortgage is subsisting, and obtain the release if one was [ ] Confirm the property is not agricultural land subject to a transfer restriction in your state [ ] Establish whether the property is self-acquired or ancestral, and take advice if ancestral [ ] Identify every co-owner — a co-owner can gift only their own share [ ] Confirm the donor is of sound mind and acting without pressure, and can be seen to be [ ] Check the relationship qualifies for any concessional stamp duty, with the sub-registrar WHAT THE DEED SHOULD CONTAIN ---------------------------- [ ] Full names, parentage, ages and addresses of donor and donee [ ] The relationship between them, stated expressly [ ] A clear statement that the transfer is made voluntarily and without consideration [ ] Complete description of the property with boundaries, area and identifiers [ ] Schedule of property attached, consistent with the title documents [ ] A statement of how the donor acquired the property, with the earlier deed referenced [ ] Express acceptance of the gift by the donee, during the donor’s lifetime [ ] A statement that the property is free of encumbrance, or disclosure of any [ ] Whether possession is delivered now or retained, and any right reserved by the donor CONDITIONS AND RESERVATIONS — DECIDE DELIBERATELY ------------------------------------------------- (A reserved right is enforceable only if it is written down before registration.) [ ] Whether the donor reserves a right of residence for life [ ] Whether the donor reserves the right to rent or income from the property [ ] Whether the gift is conditional, and what happens if the condition is not met [ ] Whether the donee may sell or mortgage during the donor’s lifetime [ ] What happens if the donee predeceases the donor [ ] Confirm with a lawyer that any condition you want is valid and drafted to work EXECUTION AND REGISTRATION -------------------------- [ ] Stamp duty computed at the rate your state applies to this relationship [ ] Both donor and donee present at the sub-registrar, or properly represented [ ] Two witnesses present with their identity documents [ ] PAN and Aadhaar for both parties, originals carried [ ] Photographs as the office requires [ ] Every page signed and initialled by both parties [ ] Acceptance by the donee recorded, not merely implied [ ] Receipt collected, with the document number noted AFTER REGISTRATION ------------------ [ ] Collect the registered deed and check the scan of every page [ ] Apply for mutation so the revenue record shows the donee [ ] Transfer electricity, water and any gas connection [ ] Update the society record and the share certificate [ ] Inform the insurer if the property is insured [ ] Take tax advice on the treatment in the donee’s hands before the return is due [ ] Keep the deed with the earlier title documents so the chain stays together ================================================================ NOTE ================================================================ This template is a general starting point, not legal or tax advice. Stamp duty, registration charges, tax thresholds and notice periods are set by each state and change from year to year, so no rate or limit is stated here. Confirm the current position with the sub-registrar for the property, your state revenue portal or a qualified professional before you sign, pay or serve anything. Template from My Property Pages — https://mypropertypages.com/documents