Family
Giving something precious to someone you love?
The gift, written down properly — so it is theirs beyond question, forever.
Gift Deed (Movable Property)
Records a completed gift of MOVABLE property — money, gold and jewellery, valuables, a cherished possession — made voluntarily, without consideration, out of natural love and affection, and accepted by the donee during the donor's lifetime (Sections 122–123, Transfer of Property Act 1882: a movable gift completes by delivery, so this deed is the evidence of a gift the law lets delivery make). Carries the identifiable schedule of what is given with approximate values, the delivery record — for money, the bank or UPI reference, the same evidence discipline as the Money shelf — the donor's ownership and solvency confirmations, and express irrevocability. The relationship field matters beyond sentiment: gifts from specified relatives sit outside Section 56(2)(x) of the Income-tax Act, while gifts from others are taxable in the donee's hands once the year's aggregate crosses the threshold — guidance the assistant gives, never a recital in the deed. IMMOVABLE property is expressly out of scope: a gift of land or a flat is valid only by registered instrument, attracts ad-valorem duty, and is excluded from e-signature — that instrument waits, and a request for it goes to counsel. Gifting a vehicle also needs the RC transferred — the Vehicle Sale Agreement's transfer choreography applies even when the price is nil. For dividing family assets among members, use the Memorandum of Family Settlement; for what happens after a death, the Legal Heir Declaration.
What makes it hold
What this document contains
7 clauses every gift deed (movable property) carries, plus 1 you can add.
- 01
Introduction
The preamble: the Donor and Donee with the recital wording their entityType selects, and the recitals that make a gift a gift — absolute ownership, natural love and affection (with the relationship stated where there is one), no consideration, and the Donee's willingness to accept.
- 02
The Gift
The operative clause: the Donor voluntarily gives the movable property in the Schedule to the Donee, without any consideration, absolutely — with the Schedule rendered as a numbered list of identifiable items and their approximate values.
- 03
Delivery and Acceptance
What makes a movable gift complete under Section 123: delivery — already made, made on execution, or (for money) by banking-channel transfer with the reference recorded — and the Donee's acceptance during the Donor's lifetime, stated on the face of the Deed.
- 04
Donor's Confirmations
The short warranties a gift needs: sole ownership and the right to give, freedom from encumbrances and third-party claims, and that the gift does not render the Donor unable to meet the Donor's own debts — the sentence that protects the gift against a later challenge by creditors.
- 05
Irrevocability
The gift is absolute and irrevocable — expressly not revocable at the Donor's mere will, which Section 126 makes void anyway — leaving only the narrow statutory grounds every gift carries.
- 06
Governing Law and Dispute Resolution
Applicable law, jurisdiction, and dispute resolution mechanism (courts or arbitration under Indian law).
- 07
General Provisions
The closing machinery for a deed of gift: the whole understanding recorded, notices, severability, counterparts, who bears the stamp duty (the Donor by default — the giver completes the gift), and the relationship confined to donor and donee.
Optional clauses
Custom Clause
A free-form clause for bespoke provisions not covered by standard clauses. Use clauseId 'custom-clause-1', 'custom-clause-2', etc. to add multiple.
What the law requires
- The s.122/123 checklist is the drafting
- A gift needs: a voluntary transfer, no consideration, the donor's ownership, the donee's acceptance during the donor's lifetime and while capable of accepting, and — for movables — delivery (or a registered instrument, which the movable form does not need). Every element appears expressly in this deed: the recitals carry voluntariness and no-consideration, the delivery clause records delivery, and the acceptance sentence puts acceptance on the face of the deed. Never render a gift where consideration lurks — money moving the other way makes it a sale, and for a vehicle that is the Vehicle Sale Agreement.
- Sections 122, 123 and 125, Transfer of Property Act 1882
- Revocation, and the two attacks that succeed
- Section 126 voids a gift revocable at the donor's mere pleasure — this deed says expressly that no such right is reserved. The challenges that actually unwind gifts are different: a gift made to defeat creditors is voidable at their instance, and gifts procured by undue influence fail — which is why the deed carries the donor's solvency confirmation and the free-will recital, and why an elderly or dependent donor gifting substantially everything is a counsel conversation, not a template.
- Section 126, Transfer of Property Act 1882; Section 53, Transfer of Property Act 1882 (transfers to defeat creditors); Section 16, Indian Contract Act 1872 (undue influence)
- The tax position rides on the relationship
- Under Section 56(2)(x), Income-tax Act 1961, money or specified movable property received without consideration is taxable in the recipient's hands once the year's aggregate exceeds the threshold — unless received from a 'relative' as defined, or on marriage, or by will or inheritance. State the relationship in the deed when there is one, and give the framework as guidance; the deed itself never recites tax conclusions. A money gift should also move by banking channel — the same s.269-family discipline as the loan type — so the record matches the return.
- Section 56(2)(x) and the Explanation defining 'relative', Income-tax Act 1961