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Gift Deed Between Spouses

At a glance

Price
₹799 · GST included
Stamp duty
Punjab: Article 33 — 5% (consideration/Collector rate, higher) + 1% cess + 1% PIDB + 0.25% SIDF = 7.25%. … Chandigarh: 5% (item 2); its blood-relation exemption (item 24) doesn't reach a spouse either — confirm at Sector 17; contested (portals say 6%).
Registration
Compulsory (s.123, TP Act; s.17, Registration Act); 4-month window to present (s.23), limited extension (s.25).
Witnesses
Two attesting witnesses required (s.123).

₹799

GST included

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You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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Why you need it

When you need it

Gifting property between spouses, without consideration — marriage doesn't remove the ordinary requirements: ss.122-123 need acceptance, registration, two witnesses. State which spouse is donor/donee, whole property or a share, whether both keep living there. No spouse-to-spouse stamp concession is confirmed. Punjab authority allotments still need s.43(7); Chandigarh sector property still needs the Estate Office updated.

See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

Punjab: Article 33 — 5% (consideration/Collector rate, higher) + 1% cess + 1% PIDB + 0.25% SIDF = 7.25%. The blood-relation remission (Order S.O.28/2014: children, grandchildren, siblings) does NOT cover a spouse — full 7.25% applies unless the Sub-Registrar shows an unresearched concession. Reg. fee 1% (min Rs 50, max Rs 2L). Chandigarh: 5% (item 2); its blood-relation exemption (item 24) doesn't reach a spouse either — confirm at Sector 17; contested (portals say 6%). Reg. fee 1%, capped Rs 10,000 + Rs 20 pasting, payable even if exempt. Stamp before/at signing (s.17); unstamped inadmissible until penalty paid (s.35).

Registration

Compulsory (s.123, TP Act; s.17, Registration Act); 4-month window to present (s.23), limited extension (s.25).

Notarisation

Does not replace compulsory registration.

Witnesses

Two attesting witnesses required (s.123).

Talk to a lawyer about this document₹3,539 including GST (₹2,999 + 18% GST), per documentRequest Stamp Paper

Sample preview — placeholder answers, not your data

GIFT DEED BETWEEN SPOUSES

Deed date: 1 April 2026

Donor: Harpreet Singh, House 118, Sector 21, Chandigarh. Donee: Aarav Singh, House 118, Sector 21, Chandigarh. Relationship: Father and son.

Property: House 118, Sector 21, Chandigarh; Plot 118; conveyance deed 4411. Regime: Punjab freehold/revenue-record property. Donor title: Absolute freehold ownership under Conveyance deed 4411 dated 10 June 2012. Assessment value: ₹1,20,00,000 (Rupees One Crore Twenty Lakh only).

NATURE AND ACCEPTANCE

Transfer basis: Gift is voluntary and without consideration. Donor capacity: Donor is competent and acts voluntarily without coercion. Acceptance: Donee accepts the gift during donor lifetime.

TITLE, DUES AND POSSESSION

Encumbrances: Nil, subject to current property tax. Dues: Property tax paid through 31 March 2026. Possession: Possession delivered on execution and registration.

AUTHORITY AND REGISTRATION

Authority status: Property is freehold and no allotting-authority transfer permission applies. Registration office: Sub-Registrar, Chandigarh.

PROPERTY SCHEDULE

North Plot 117; South Plot 119; East road; West green belt

SPOUSAL DIRECTION

Direction: Husband gifts property to wife. Marriage evidence/context: X. Donor title position: Property is donor separately held transferable property.

FAMILY AND RESIDENCE

Residence after gift: Donee receives ownership and spouses continue to reside together. Family context: X. This context explains the voluntary gift and is not monetary consideration. Continued shared residence does not by itself undo the registered transfer.

SEPARATE VOLUNTARY TRANSFER

The marital relationship explains the family context but is not consideration. The transfer is intended to operate as a completed gift of the donor recorded title or share and not as a revocable promise between spouses.

What this document is for

A husband or wife in Punjab or Chandigarh uses this to give property — or a share of it — to their own spouse, without any money changing hands, often to formalise joint ownership of the family home or to provide for a spouse directly rather than through a will.

Being married does not relax the ordinary rules for a gift of immovable property: it still has to be written, registered, accepted by the receiving spouse while the giving spouse is alive and able to give, and witnessed by two people. And unlike a gift to a child, grandchild, brother or sister, neither Punjab's nor Chandigarh's published family relief reaches a gift between spouses — budget for the ordinary full stamp duty rate in whichever place the property sits.

Stamp paper and registration

Stamp paper needed

Yes

Typical stamp duty — Punjab

The full 7.25% conveyance rate — 5% stamp duty plus a 1% Social Infrastructure Cess, a 1% Punjab Infrastructure Development Board fee and a 0.25% Special Infrastructure Development Fee, on the higher of the stated value and the Collector rate. Punjab's family remission is written around children, grandchildren, brothers and sisters only, so it does not reach a gift between spouses; no separate spousal concession is confirmed to exist at the counter.

Typical stamp duty — Chandigarh

Ask us — The Administration's own item 2 publishes 5% for a Gift, and the blood-relation exemption at item 24 does not reach a spouse either way, so no exemption argument is available here. But the 5% figure itself is contested — many property portals cite 6%, and no notification bridging the two has been traced, the same gap that runs through every Chandigarh conveyance-rate citation in this library. Confirm the current figure at the Sub-Registrar, Sector 17, before buying stamp.

Registration at the Sub-Registrar

Yes — Compulsory, the same as for any gift of immovable property — present the deed within four months of execution.

Notary or witnesses

Notarisation does not replace the compulsory registration. Two attesting witnesses are required by law, the same as for any gift of immovable property.

What you will need before you start

  • Which spouse is giving and which is receiving, and the marriage evidence or reference being relied on
  • The giving spouse's title position — sole ownership, a leasehold or allotment right, or a recorded undivided co-ownership share
  • A description of the property and its official identifiers, and the value being used for assessment
  • Whether the whole property is being given, or only a share of it
  • Whether any authority permission applies — a Punjab development-authority allotment, or a Chandigarh Estate Office or revenue-village record
  • Two witnesses to the signing

Common mistakes

  • Assuming marriage itself brings a stamp-duty concession, when neither Punjab's nor Chandigarh's published family relief actually reaches a spouse.
  • Treating continued joint living in the house after the gift as if it keeps the old, informal arrangement alive, rather than following the title the registered deed actually created.
  • Trying to make the gift also serve as a settlement of maintenance or other matrimonial claims without a separate instrument actually recording that.

Questions people ask before using this document

Do we get a stamp duty discount because we are married?

No. Punjab's family remission names only children, grandchildren, brothers and sisters, and Chandigarh's blood-relation exemption does not reach a spouse either — so expect the ordinary full stamp duty rate in whichever place the property sits, not a family concession.

Can we just agree between ourselves that the house belongs to both of us?

No — however genuine the understanding, an unwritten agreement transfers nothing. Only a written, registered gift deed that the receiving spouse accepts while the giving spouse is alive actually moves title between a husband and wife.

If we both keep living in the house after the gift, does that undo the transfer?

No — both spouses continuing to share the home is ordinary family life, not evidence that ownership never really moved. The registered deed, and the title it created, still governs.

Can this gift also settle a maintenance or other matrimonial claim?

Not automatically. This deed is a straightforward voluntary gift; if the intention is also to settle a maintenance or other matrimonial claim, that needs to be recorded in its own separate instrument rather than assumed from this one.

Can one spouse gift just a share of the property, not all of it?

Yes — the deed provides for gifting an undivided share rather than the whole property, provided the giving spouse's own title actually supports it. A spouse can only give what they themselves hold, whether that is sole ownership or a recorded co-ownership share.

Related documents, and when you would need them

Questions about this document

Does the Gift Deed Between Spouses need stamp paper or stamp duty in Punjab and Chandigarh?

Punjab: Article 33 — 5% (consideration/Collector rate, higher) + 1% cess + 1% PIDB + 0.25% SIDF = 7.25%. The blood-relation remission (Order S.O.28/2014: children, grandchildren, siblings) does NOT cover a spouse — full 7.25% applies unless the Sub-Registrar shows an unresearched concession. Reg. fee 1% (min Rs 50, max Rs 2L). Chandigarh: 5% (item 2); its blood-relation exemption (item 24) doesn't reach a spouse either — confirm at Sector 17; contested (portals say 6%). Reg. fee 1%, capped Rs 10,000 + Rs 20 pasting, payable even if exempt. Stamp before/at signing (s.17); unstamped inadmissible until penalty paid (s.35).

Does the Gift Deed Between Spouses need registration in Punjab and Chandigarh?

Compulsory (s.123, TP Act; s.17, Registration Act); 4-month window to present (s.23), limited extension (s.25).

What does the Gift Deed Between Spouses cost on Kaagazaat?

₹799, GST included.

Launch period: downloads are free for now. The prices shown apply once payments open.

Does the Gift Deed Between Spouses need witnesses?

Two attesting witnesses required (s.123).

Often needed with this document

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