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Gift Deed — બક્ષિસ દસ્તાવેજ

બક્ષિસ દસ્તાવેજ

Transferring property without consideration, usually to a family member. A notarised gift deed transfers nothing at all.

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A gift of immovable property must be registered. There is no alternative route.

Section 17(1)(a) of the Registration Act, 1908 expressly makes instruments of gift of immovable property compulsorily registrable. An unregistered gift deed — however carefully drafted, however solemnly notarised — does not transfer the property. Families discover this after the donor has died, which is the worst possible moment.

What a gift requires

  • A donor competent to make it, acting voluntarily and without consideration
  • Acceptance by the donee during the donor's lifetime — this is a real requirement, not a formality, and the deed should record it
  • The property described exactly as the revenue record describes it
  • Delivery of possession, or an express statement of how possession is dealt with
  • Registration, and then mutation in the revenue record

Gift within the family

Transfers between blood relatives are treated differently for stamp purposes in Gujarat. We do not publish figures here — the Gujarat Stamp Act was amended in 2025 — but it is worth confirming the current position before choosing between a gift and a sale, because the difference can be substantial.

Before gifting property to a child, read this.

Under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, where a senior citizen transfers property subject to a condition that the transferee provide the basic amenities and basic physical needs of the transferor, and the transferee then fails to do so, the Maintenance Tribunal may declare the transfer void at the transferor's option. Both elements must be established — so if the gift is being made on an understanding of care, write that condition into the deed. It costs a clause and it is the only thing that makes the protection available.

Can a gift be revoked?

Generally not, once made and accepted — that is what distinguishes it from a will, which operates only on death and can be changed at any time before. A donor who wants to retain control should consider a will instead, or a gift reserving a life interest. Making a will →

On stamp duty.

We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →

Drafted here, in Gujarati or English

Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.

What to bring

  • Title documents and the full chain of title
  • 7/12 and 8-A extract, or the property card for urban property
  • Mutation entries in the revenue record
  • Photo ID and PAN for every party
  • Details of every co-owner or heir with an interest

Related

Common questions

Can a gift deed be notarised instead of registered?

No. Section 17(1)(a) of the Registration Act, 1908 makes instruments of gift of immovable property compulsorily registrable. An unregistered gift deed does not transfer the property, and section 49 bars it from being received as evidence of the transaction.

Can I take the gift back later?

Generally no. A completed gift, accepted by the donee during the donor's lifetime, is not revocable at will. If you want to retain the ability to change your mind, a will is the appropriate instrument — it operates only on death and can be revoked at any time before.

Is a gift to a relative cheaper than a sale?

Gujarat treats transfers between blood relatives differently for stamp purposes. The current position should be confirmed before you choose between a gift and a sale, since the amendment in 2025 changed several articles. We will compute both for your facts.

Not sure which document you need?

Tell us what the office, bank or court asked for. We will name the exact document, the stamp value and whether notarisation is enough — before you pay anything.

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