Advocate Mohammad Kamran
- 10+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Gift Deed Registration in Lucknow
Transferring property without consideration — most often within a family — by a properly executed and registered instrument.
Property Law and Registration
What this covers
A gift is a transfer made voluntarily and without consideration. Under the Transfer of Property Act, 1882 a gift of immovable property must be made by a registered instrument, signed by the donor and attested by at least two witnesses, and it must be accepted by the donee during the donor's lifetime and while the donor is still capable of giving. Each of those requirements is a point on which gifts are later challenged.
Because gifts usually happen within families, they are often treated informally, and that is exactly where the difficulty arises. A gift that is not accepted in a demonstrable way, or that is executed when the donor's capacity can be questioned, invites a dispute among the very people it was meant to provide for.
Who this may assist
Who this service may assist
If your situation is not listed, it does not mean it cannot be dealt with. It means it should be discussed.
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A parent transferring to a child
You wish to transfer property during your lifetime rather than leave it to succession.
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Family members reorganising holdings
Property is being moved between relatives to reflect an understanding already reached.
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A donee who has received a gift
A deed has been executed in your favour and the record now needs to be updated.
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A person concerned about an existing gift
A gift deed has been executed and questions have arisen about how it was obtained.
Scope
Typical matters handled
- Drafting gift deeds for land, houses and flats
- Advice on acceptance by the donee and on recording it so that it can be demonstrated later
- Attestation and execution formalities, including the requirement for witnesses
- Advice on stamping, and on any concession that may apply to transfers within a family
- Attendance at registration before the Sub-Registrar
- Mutation of the revenue or municipal record after registration
Process
How the work generally proceeds
The sequence varies with the facts and the forum. This is the usual shape of it.
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Step 01
Confirming the donor's title and capacity
That the donor holds what is being given, and is capable of giving it. Where age or health may later be raised, contemporaneous material is worth having.
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Step 02
Settling what is being gifted
The property, the extent of the interest, and whether any right such as residence is being reserved.
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Step 03
Drafting
Description of the property, the absence of consideration, the donor's intention, the donee's acceptance, and any reserved rights.
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Step 04
Stamping and execution
The instrument is stamped as applicable to a gift, and executed before the Sub-Registrar with the attesting witnesses present.
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Step 05
Acceptance and mutation
Acceptance is recorded, and the revenue or municipal record is then updated to reflect the transfer.
Preparation
Documents commonly required
Bringing what you have makes the first discussion considerably more useful. Missing items can be obtained later.
- The donor's title document and the prior chain
- Revenue or municipal record extract and the latest tax receipts
- Identity and address proof and photographs of donor, donee and both witnesses
- Document showing the relationship, where a concession for family transfers is claimed
- Medical or other material bearing on the donor's capacity, where that may later be questioned
- No-objection from any lender or authority, where the property is subject to a charge or scheme condition
Cautions
Common risks and mistakes
- Not recording acceptanceAcceptance during the donor's lifetime is a requirement, not a formality. It should be recorded so it can be shown later.
- Executing without attestationA gift of immovable property requires attestation by at least two witnesses. Their details should be complete and correct.
- Leaving reserved rights unstatedIf the donor intends to continue residing in the property, or to retain any right, the deed must say so.
- Assuming a gift can be revoked at willA completed gift cannot ordinarily be taken back. Revocation is possible only in limited circumstances, and a deed that purports to reserve a general power to revoke may be problematic.
- Overlooking the tax positionGifts have consequences under tax law that depend on the relationship between the parties. Confirm the tax position for your circumstances before executing.
See also
Related services
Reading
Related Guides
General information notes on this area. They are not legal advice.
The practice
Advocates
Each advocate of the firm is enrolled with the Bar Council of Uttar Pradesh and holds a Certificate of Practice.
Advocate Hamid Razzaq
- 15+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Advocate Mohd. Mateen
- 20+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Questions
Frequently asked questions
Several States provide a concession for transfers between specified relatives, and Uttar Pradesh has provisions of that kind. Whether a concession applies to your relationship and to the particular property, and what the current rate is, must be confirmed before execution, as these provisions change.
It can, most commonly on the grounds that the donor lacked capacity, that consent was obtained improperly, or that the gift was never accepted. Careful execution, contemporaneous records and clear acceptance are what reduce that risk.
Yes, if the deed provides for it. A right of residence for the donor's lifetime can be reserved, but it must be written into the instrument rather than left to understanding.
No. Registration and mutation are separate. An application has to be made for the revenue or municipal record to be updated, and it should be pursued promptly after registration.
Where the firm works
Lucknow and Uttar Pradesh Coverage
The firm's office is in Lucknow. Matters arising in other districts of Uttar Pradesh are conducted from Lucknow before the court, tribunal or authority that has jurisdiction over them. There is no branch office elsewhere. Which forum will hear a particular matter depends on its subject, its value and where the cause of action arose, and is confirmed before anything is filed.
This page is general information about an area of practice. It is not legal advice, and it is not an advertisement or a solicitation of work. Reading it creates no advocate–client relationship.
Procedures, limitation periods, court fees, stamp duty and government charges change, and what applies depends on the facts of the particular matter. Nothing here should be acted on without advice on your own documents, and no outcome is promised or predicted.
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