Thinking of gifting a property? Know the legal route

property gift deed
Real Estate » Thinking of gifting a property? Know the legal route

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People choose to gift homes because they make meaningful gifts. However, gifting property is not a simple process- it is riddled with several legalities that purchasing parties should be aware of. In India, the property can be transferred through a multitude of legal routes.In some cases, taking legal advice is also important. However, if you’re planning to gift property, you should do so via a property gift deed. This article will emphasize gift deed rules to help you transfer property safely.

What is a Gift?

In legal terms, A gift is the voluntary transfer of moveable or immovable property by a donor to a donee. Gifting involves no ulterior motives and is exchanged willingly between both parties. Section 122 of the transfer of properties act, 1882, states that a gift can be transferred through a gift deed, which is quite similar to a sale deed. As per experts at Law Rato, a gift deed contains all essential details related to the property, the gift giver or donor and the recipient or donee. One cannot use this legal document to evade tax or as a cover for illegal activities. Qualified property lawyers from Chandigarh can help draft gift deeds for smooth property transfer between the donor and donee.

What Counts as a Valid Gift Deed?

Advocates from top law firms in Chandigarh can help parties purchase registered gift deeds with the sub-magistrate of their area. A gift deed is registered under Indian property gift deed rules and corresponding laws, such as Section 17 of the Registration Act, 1908, and Section 122 of the Transfer of Property Act. A gift not registered under these sections is invalid and cannot be transferred. Moreover, a gift deed property can be sold further by the recipient.

So what makes a gift deed valid in a court of law? A valid gift deed needs signatures from two registered witnesses and is stamped with an appropriate non-judicial stamp depending on the nature and value of the gifted property. Moreover, both the donor and recipient need to be present at the registrar’s office at the time of transfer.  

As per Law Rato, the property you’re planning to gift will only be considered valid if:

  1. It is a real, tangible property that already exists. One cannot gift future properties legally
  2. Both parties, i.e., the donor and donee, are alive at the time of exchange
  3. The property is a transferable one

In short, the property you’re planning to gift needs to be backed by a registered gift deed stamped appropriately and is legally accepted by the donor and donee in the presence of at least two eyewitnesses. Next, the donor must pay stamp duty on gifted property. As per experts at Law Rato, this stamp duty varies from state to state. As compared to men, women are required to pay lesser stamp duty. One can find stamp duty rates on registered government websites. However, you can take the help of a qualified lawyer to make sense of the latest stamp duty rates across India. 

How to Transfer Property to Minors in India?

Unfortunately, minors cannot become legal recipients of property. A gift deed is null and void if the donee is less than 18, as minors cannot be part of legally binding contracts. However, the property may be gifted to the child’s legal guardian. Legal guardians include the child’s father, father’s executor, paternal grandfather or paternal grandfather’s executor. The donee can accept or return the gift after coming of age. The same rules apply to recipients with unstable mental health. 

Also Read: What is the Power of Attroney and its types?

How to Transfer Property from Father to Son in India?

If you’re wondering how to transfer property from father to son after death, we are here to clear your doubts. A father can transfer property to his son through a stamped and legally registered gift deed or a will that bequeaths the property to his son. However, the procedure to transfer property from father to son is more complex than it seems. To elaborate further, sons can legally stake claim to their father’s property only if they are in possession of 

  • a registered gift deed 
  • Succession Certificate
  • No Objection Certificate from siblings/potential heirs
  • Lineage List Certificate
  • Sale Deed
  • Relinquishment Deed
  • Will or testament

In the absence of an authentic will, sons may obtain a gift, settlement or relinquishment deed from other heirs and produce it to an SRO for property transfer. They can also execute a sale deed to buy other heirs from their father’s property. All necessary legal documents must be thoroughly verified and presented to make this claim. Moreover, in what may come as good news to sons, any gift exchanged between blood relatives or members of a Hindu Undivided Family (HUF) is exempt from income tax, as per the income tax act of 1961. 

How to Transfer Property from Husband to Wife in India?

The transfer of property from Husband to Wife in India is a relatively simple one – Partners can transfer property via a registered gift deed. As per Section 122 of the Transfer of Property Act, this action is necessary if husbands want to transfer a property in their wife’s name. A partition deed may also be used to divide a jointly owned property equally. If a couple receives property as a gift on the occasion of their marriage, it will be exempt from taxation. If not, it will be taxed under relevant sections of the Indian Gift Tax Act.

Also Read: How to keep Family Property Conflicts at Bay the Legal Way


If you want to gift a property to a loved one, a legally registered and stamped gift deed is imperative Or you can take legal advice from Lex Solutions, one of the most trusted law firms in Chandigarh. Only gifts received on the occasion of marriage, received by way of a will or through a trust, transferred between blood relatives or among members of HUF are exempt from relevant sections of the Income Tax Act, 1961. A gift deed, once signed, can not be revoked except when the donee dies without family. However, this provision is only applicable if explicitly mentioned in the gift deed and signed by and in the presence of two relevant witnesses. 

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.


  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.