This is a format of a Gift Deed. Gift of immovable property - gift by father to his son. Here the father is the sole and absolute owner of the property being gifted.
DEED OF GIFT
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1.
Date: 02nd February
2.
Place:
3.
Parties:
3.1
_____________________, son of ________________, by faith Hindu,
by Nationality Indian, by occupation – __________, residing at ____________________.
(Donor, includes successors-in-interest and
assigns)
- AND -
3.2
_____________________, son of ________________, by faith Hindu,
by Nationality Indian, by occupation – __________, residing at ____________________.
(Donee, includes successors-in-interest
and assigns)
[Donor, Donee collectively Parties and individually Party.]
NOW THIS DEED OF GIFT WITNESSES AS FOLLOWS:
4.
Subject Matter of Gift:
4.1
Subject Land: ALL THAT piece or parcel of land
hereditaments and premises measuring 1 one Cottah 8 eight Chhittacks be the same a little more or less out of
the total land of 3 three Cottahs situate and lying at and being Municipal
Holding No. _________, Ward No. _____, within the limit of ________
Municipality and having Postal Address _____________ and more fully and
particularly described in the Schedule below and demarcated in colour Red on the Plan attached hereto (Subject Land).
4.2
The Structure: One-storied brick built dwelling house, having
built up area of ____________ Square feet, be the same a little more or less, standing
on the Subject Land (The Structure),
described in the Schedule below.
4.3
Other Rights: Easements and all other rights, liberties,
privileges and benefits appurtenant to the Subject Land and The Structure and
all equipments, installations, fittings, fixtures etc. in or about The
Structure.
4.4
Subject Property: The subject matter of the Gift is 4.1, 4.2
and 4.3 above, which are collectively described in the Schedule below and demarcated in colour Red and shown as “Lot – A” on the Plan attached hereto (collectively
Subject Property).
5.
Background:
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5.1
Description of the Title: Chain of title is to be described in detail here.
5.2
Sale to Donor: By a Deed of Sale dated _______, registered
in the Office of the Sub-Registrar, ________, in Book No. I, Volume No. ____,
Pages __ to ___, Being No. ______ for the year __________ (Said Deed), said _______ (Name of the previous owner) sold the
aforesaid plot of land measuring about 5 Decimals or 3 three Cottahs more or
less comprised in Dag No. ______ as aforesaid to the Donor
hereto.
5.3
Ownership of the Donor: In the circumstances, the Donor hereto
became the sole and absolute owner of ALL
THAT piece or parcel of land measuring 3 (three) Cottahs be the same a
little more or less including the common passage situate and lying at ____________________
and comprised in _____________.
5.4
Construction by the Donor: Subsequently, the Donor constructed a
one-storied brick built dwelling house on his acquired property as aforesaid in
accordance with the building plan duly sanctioned by the appropriate authority.
5.5
Said Property: Thus the Donor has become the sole and
absolute owner in respect of the land and the structure as referred above (Said Property). The Subject Property is
the part and portion of the Said Property.
6.
Representations and Warranties of the Donor:
6.1
Absolute Ownership: The Donor is the absolute owner of the Subject
Property.
6.2
Right, Power and Authority to Sell: The Donor has good right, full power,
absolute authority and indefeasible title to gift and/or alienate the Subject
Property.
6.3
Free from Encumbrances: The Subject Property is free from all
claims, demands, encumbrances, mortgages, charges, liens, attachments, lis pendens, uses, debutters,
trusts, prohibitions, Income Tax Attachment, Financial Institution Charges and
liabilities whatsoever or howsoever made or suffered by the Donor or any person
claiming through the Donor and the title of the Donor to the Subject Property
is free, clear and marketable.
6.4
No Prejudicial Act by the Donor: The Donor has not at any time done or
executed or knowingly suffered or been party or privy to any act, deed, matter
or thing whereby the Subject Property or any part thereof can or may be
impeached, encumbered or affected in title.
6.5
No Personal Guarantee: The Subject Property is not affected by or
subject to any personal guarantee for securing any financial accommodation.
6.6
No Bar by Court Order: There is no order of Court or any other
statutory authority prohibiting the Donor from transferring and/or alienating
the Subject Property or any part thereof.
7.
Basic Understanding: The Donee is the son of the Donor and the
Donor bears natural love and affection for the Donee. The Donor has expressed
his desire of gifting the Subject Property in favour of the Donee and the Donee
has agreed to accept such gift.
8.
Gift:
8.1
Hereby Made: The Donor doth hereby gift to the Donee,
absolutely and forever, free from all encumbrances of any and every nature
whatsoever, the Subject Property, described in the Schedule below, being:
8.1.1
Subject Land: ALL THAT piece or parcel of land
hereditaments and premises measuring 1 one Cottah 8 eight Chhittacks be the same a little more or less, out of
the total land of the Donor, i.e. 3 three Cottahs situate and lying at and being Municipal
Holding No. __________, Ward No. __, within the limit of _________ Municipality
and having Postal Address __________ and more fully and particularly described
in the Schedule below and demarcated in colour Red on the Plan attached hereto.
8.1.2
The Structure: One-storied brick built dwelling house, having
built up area of _________ Square feet, be the same a little more or less, standing
on the Subject Land.
8.1.3 Other
Rights: Easements and
all other rights, liberties, privileges and benefits appurtenant to the Subject
Land and The Structure and all equipments, installations, fittings, fixtures
etc. in or about The Structure.
8.2
Consideration: Natural love and affection that the Donor
bears for the Donee.
9.
Terms of Gift:
9.1
Salient Terms: The gift of the Subject Property being
effected by this Deed is:
8.1.1 Gift: A gift within the
meaning of the Transfer of Property Act, 1882.
8.1.2 Absolute:
Absolute, irreversible and forever.
8.1.3 Free
from Encumbrances: Free from
all encumbrances of any and every nature whatsoever including but not limited
to lis pendens,
attachments, liens, charges, mortgages, trusts, debutters, reversionary rights, residuary rights,
claims and statutory prohibitions.
8.1.4 Other Rights: Together with Easements
and all other rights, liberties, privileges and benefits appurtenant to the Subject
Property.
10. Miscellaneous:
10.1 Delivery
of Possession: Simultaneously
with the execution of these presents khas, vacant and peaceful possession of
the Subject Property is handed over by the Donor to the Donee (Possession Date).
10.2 Outgoings: All
Municipal and other taxes, penalties, surcharge, outgoings, liabilities and
levies on or relating to the Subject Property till the Possession Date, whether
as yet demanded or not, shall be borne, paid and discharged by the Donor and thereafter
that shall be borne, paid and discharged by the Donee.
10.3 Holding
Possession: The Donor
hereby covenant that the Donee shall and may, from time to time and at all
times hereafter, peacefully and quietly enter into, hold, possess, use and
enjoy the Subject Property and every part thereof and receive rents, issues and
profits thereof and all other benefits, rights and properties hereby gifted or
expressed or intended so to be unto and to the Donee, without any lawful
eviction, hindrance, interruption, disturbance, claim or demand whatsoever from
or by the Donor or any persons lawfully or equitably claiming any right or
estate therein from under or in trust from the Donor.
10.4 Further
Acts: The Donor
hereby covenants that the Donor or any person claiming under him, shall and
will from time to time and at all times hereafter, upon every request and at
the cost of the Donee and/or successors-in-interest of the Donee, do and
execute or cause to be done and executed all such acts, deeds and things for
further or more perfectly assuring the title of the Donee to the Subject
Property.
10.5 Production
of Said Deed: As
referred hereinbefore, the Said Deed and all other title documents in respect
of the Said Property shall be lying with the custody of the Donor and unless
prevented by fire or other unavoidable accidents from time to time and at all
times hereinafter at like request and cost of the Donee, the Donor or his
successors-in-interest will produce or cause to be produced the Said Deed and/or
the said documents for reasonable requirement as may be required from time to
time.
10.6 Assessment
of Value for the purpose of Advalorem Stamp Duty: For the computation of stamp duty, the value
of the Subject Property is assessed at Rs. ______/- (Rupees ________) only.
11. Interpretation:
11.1 Number: Words denoting the singular number include,
where the context permits and requires, the plural number and vice-versa.
11.2 Headings: The headings in this Deed are inserted for
convenience only and shall be ignored in construing the provisions of this Deed.
11.3 Definitions: Words and phrases have been defined in the Deed
by bold print and by putting them within brackets. Where a word or phrase is
defined, other parts of speech or grammatical forms of that word or phrase
shall have corresponding meaning.
Schedule above referred to
(Subject Property)
[Subject Matter of Gift]
Detail of the
Subject Property with boundary description …………
The Plot is shown on the Plan annexed hereto with
the border Red and the Plan is treated as a part of this Deed.
12. Execution and Delivery:
12.1 In
Witness Whereof the Donor has
executed and delivered this Deed of Gift on the day, month and year mentioned
above.
(DONOR)
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I
accept the Gift mentioned hereto with pleasure:
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(DONEE)
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Witnesses:
1. Signature:
_________________________
Name:
Father’s/Husband’s
Name:
Address:
2. Signature:
_________________________
Name:
Father’s/Husband’s
Name:
Address:
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