__________

(Transfer of immovable property without consideration, made under sections 122 and 123 of the Transfer of Property Act, 1882, and compulsorily registrable under section 17(1)(a) of the Registration Act, 1908)

THIS DEED is made at __________ on __________.

BETWEEN

__________, __________ __________, aged about __________ years, PAN __________, residing at __________

(hereinafter called the "Donor", which expression, where the context admits, includes the Donor's heirs, executors, administrators and legal representatives, of the ONE PART)

AND

__________, __________ __________, aged about __________ years, residing at __________

(hereinafter called the "Donee", which expression, where the context admits, includes the Donee's heirs, executors, administrators and legal representatives, of the OTHER PART)

The Donor and the Donee are together called the "Parties".

RECITALS

1. The property

1.1 The property transferred by this Deed is __________ situated at __________, __________, and described in full in the Schedule at the end of this Deed (the "Scheduled Property").

2. Relationship of the Parties

2.1 __________ The relationship so stated is true and correct.

2.2 The relationship recorded in clause 2.1 is the foundation of any remission of stamp duty recited in clause 11.2. If the relationship recorded in clause 2.1 is not one of the relationships named in the recital chosen in clause 11.2, no remission is claimed by this Deed and stamp duty is payable on it at the full rate chargeable on a conveyance of immovable property.

3. The Donor's title

3.1 __________

3.2 The extent of the Donor's own holding in the Scheduled Property is __________. Nothing in this Deed operates, or is intended to operate, to transfer to the Donee any interest in the Scheduled Property greater than that holding, and the extent transferred by clause 5.1 is measured against that holding alone.

3.3 The Donor __________.

3.4 __________

3.5 The Scheduled Property is free from all encumbrances, charges, mortgages, liens, gifts, exchanges, attachments, injunctions, acquisition or requisition proceedings, and claims and demands of every kind, other than the interests of the other co-owners (if any) disclosed in clauses 3.1 and 3.2 above. It is also free from all leases and tenancies, save only as expressly disclosed in this Deed. No amount remains payable by the Donor to any allotting authority in respect of the Scheduled Property.

3.6 The Donor has been in peaceful possession and enjoyment of the Scheduled Property, save as stated in clause 7 below, which alone governs possession of the Scheduled Property from the date of this Deed.

3.7 The Donor has attained majority, is of sound mind and is competent to contract, and makes this transfer of the Donor's own free will and volition, without any coercion, undue influence, fraud, misrepresentation or pressure from any person, and after fully understanding the nature and effect of this Deed.

4. Intention

4.1 The Donor desires to transfer the Scheduled Property to the Donee by way of gift, out of the natural love, affection and regard which the Donor bears towards the Donee, and without receiving anything in return.

OPERATIVE PART

NOW THIS DEED WITNESSES AS FOLLOWS:

5. Transfer by way of gift

5.1 In consideration of the natural love, affection and regard which the Donor bears towards the Donee, and without any consideration in money or money's worth, the Donor HEREBY GIVES, GRANTS, TRANSFERS AND CONVEYS BY WAY OF GIFT unto the Donee __________ of the Donor's right, title and interest in the Scheduled Property, together with all rights, easements, privileges, appurtenances, common areas, parking rights, water and electricity connections and all other benefits belonging to or enjoyed with the interest so transferred, TO HAVE AND TO HOLD the same unto the Donee absolutely and forever, subject only to the possession recorded by clause 7, to any right reserved to the Donor by clause 7 or clause 8 of this Deed, and to any condition imposed by clause 9 of this Deed.

5.2 No money or other consideration has passed, or is to pass, from the Donee to the Donor, or from any person on the Donee's behalf, for this transfer. This is a gift within the meaning of section 122 of the Transfer of Property Act, 1882, and it is not a sale, an exchange or a transfer for consideration.

6. Acceptance of the gift

6.1 This gift has been accepted, and that acceptance has been made and communicated to the Donor on the date of this Deed, during the lifetime of the Donor and while the Donor was still capable of giving. The Parties record that under section 122 of the Transfer of Property Act, 1882 a gift is complete only if it is accepted during the lifetime of the Donor and while the Donor is still capable of giving, and that this gift has been so accepted.

6.2 __________

7. Possession

7.1 __________

7.2 Clause 7.1 takes effect subject to any right reserved to the Donor by clause 8.2 of this Deed.

8. Divesting, vesting, reserved rights and change of records

8.1 Upon registration of this Deed, and with effect from the date of its execution, the Donor shall cease to have any right, title, interest, claim or demand whatsoever in or over the interest in the Scheduled Property transferred by this Deed, save only as expressly reserved by this Deed, and the Donee shall hold, own and enjoy that interest as absolute owner. The Donee shall be entitled to have the change of ownership recorded by __________, and by the Municipal Corporation or Municipal Council concerned, the electricity and water utilities and every other authority having records of the Scheduled Property.

8.2 __________

8.3 Any right reserved to the Donor by this Deed — whether the right of residence recorded in clause 7.1 or the right to rents, profits and income recorded in clause 8.2 — is a limited right personal to the Donor. It comes to an end on the death of the Donor, whereupon the Donee's ownership is free of it. It shall not be assigned, transferred or bequeathed by the Donor, and it does not entitle the Donor to sell, mortgage or otherwise deal with the Scheduled Property. Where the Donor remains in occupation of the Scheduled Property under a reserved right of residence, that occupation is permissive, is referable to that reserved right alone, and is not adverse to the Donee's ownership.

9. Conditions and revocation

9.1 __________

9.2 This gift, having been accepted, is not revocable at the will of the Donor. The Parties record that under section 126 of the Transfer of Property Act, 1882 a gift which the donor may revoke at his mere will is void, and that a gift may be suspended or revoked only on the happening of a specified event agreed between the parties which does not depend on the will of the donor, or in a case in which, if it were a contract, it might be rescinded. Save as stated in this Deed, the Parties have not agreed upon any event on the happening of which this gift is to be suspended or revoked.

9.3 Nothing in this Deed restrains the Donee from transferring the interest taken under it, and no such restraint is intended; a condition absolutely restraining alienation would in any event be void under section 10 of the Transfer of Property Act, 1882.

10. Covenants of the Donor

10.1 The Donor covenants that the Donor has good right, full power and absolute authority to transfer the interest in the Scheduled Property described in clause 5.1 in the manner set out in this Deed, and that the Donor has not previously sold, gifted, mortgaged, exchanged, charged, agreed to sell, or otherwise transferred or encumbered the Scheduled Property or any part of it in favour of any person.

10.2 All land revenue, property tax, ground rent, service charges, society maintenance charges, electricity, water and other outgoings in respect of the Scheduled Property up to the date of this Deed have been paid by the Donor, and any arrears relating to that period shall be paid by the Donor. From the date of this Deed all such outgoings shall be borne and paid by the Donee, in the proportion of the interest transferred by this Deed.

10.3 The Donor shall, on registration of this Deed, hand over to the Donee the original title deeds, the allotment and possession letters, the share certificate, the latest copy of the record of rights or of the allotment file particulars, the tax and dues receipts, the approved building plans and all other documents of title relating to the Scheduled Property that are in the Donor's possession or power.

10.4 The Donor shall, at the request and cost of the Donee, sign, execute and deliver all applications, forms, affidavits, indemnity bonds and further documents, and do all acts, that may reasonably be required to perfect the Donee's title and to complete the change of ownership in the records of the authorities named in clause 8.1, and shall attend before any revenue officer or estate authority for that purpose if called upon.

10.5 The Donor indemnifies the Donee, and shall keep the Donee indemnified, against all loss, damage, costs and expenses that the Donee may suffer by reason of any defect in the Donor's title to the Scheduled Property, or of any breach of the covenants and declarations made by the Donor in this Deed.

11. Stamp duty and registration

11.1 The market value of the interest in the Scheduled Property transferred by this Deed, for the purposes of stamp duty, is __________, that being the higher of the actual value and the Collector rate applicable to the Scheduled Property.

11.2 __________

11.3 The registration fee, the pasting fee, the facilitation and mutation charges, any stamp duty found chargeable and all other charges payable on this Deed shall be borne and paid by __________.

11.4 The Parties shall present this Deed for registration before the Sub-Registrar within whose jurisdiction the Scheduled Property is situated — being the Sub-Registrar or Joint Sub-Registrar of the tehsil where the Scheduled Property is in Punjab, and the Sub-Registrar, Union Territory of Chandigarh, 30 Bays Building, Ground Floor, Sector 17, where the Scheduled Property is in Chandigarh — and shall appear before that officer within four months of the date of this Deed and admit execution. The Parties record that under sections 122 and 123 of the Transfer of Property Act, 1882, read with section 17(1)(a) of the Registration Act, 1908, a gift of immovable property can be made only by a registered instrument signed by or on behalf of the Donor and attested by at least two witnesses, and that until this Deed is duly stamped and registered no title in the Scheduled Property passes to the Donee under it.

12. Governing law and jurisdiction

12.1 This Deed is governed by the laws of India. The courts within whose local limits the Scheduled Property is situated shall have jurisdiction in respect of any dispute arising out of or in connection with this Deed (section 16, Code of Civil Procedure, 1908), subject to the jurisdiction of the revenue and estate authorities to whom any question arising under this Deed is by law assigned, and in particular to section 158 of the Punjab Land Revenue Act, 1887 and section 19 of the Capital of Punjab (Development and Regulation) Act, 1952.

13. Whole agreement

13.1 This Deed records the entire arrangement between the Parties relating to the transfer of the Scheduled Property, and no oral understanding to the contrary shall be given effect. This gift, once accepted and registered, cannot be varied, enlarged or cut down by any later agreement between the Parties; any further or different transfer of the Scheduled Property, or of any interest in it, must be made by a separate instrument, duly stamped and registered.

SCHEDULE

Description of the Scheduled Property

Nature of the property: __________

Address: __________

Khasra / Khewat / Khatauni / Plot / House / Unit number: __________

Area: __________

Situated at: __________, __________

Boundaries:
__________

Extent of the Donor's own holding in the Scheduled Property: __________

Extent transferred by this Deed: __________ of the Donor's right, title and interest in the Scheduled Property

IN WITNESS WHEREOF the Donor has signed this Deed, and the gift has been accepted and signed for as set out below, at __________ on __________, in the presence of the attesting witnesses named below.

SIGNED AND DELIVERED by the Donor

_______________________________
__________ — DONOR

SIGNED by the Donee, in token of acceptance of the gift — or, where the Donee is a minor, signed for the Donee by the natural guardian in the block below

_______________________________
__________ — DONEE

ATTESTED BY THE FOLLOWING WITNESSES, each of whom has seen the Donor sign this Deed and has signed below in the presence of the Donor. Neither witness is a party to this Deed, and neither is the natural guardian of a minor Donee.

Witness 1 — the first identifying witness for the purposes of section 34 of the Registration Act, 1908 and para 127 of the Punjab Registration Manual

Signature: _______________________________

Name: __________

Capacity in which the first witness identifies: __________

Address: __________

ID produced: _______________________________

Witness 2

Signature: _______________________________

Name: __________

Address: __________

ID produced: _______________________________

Execution checklist. Fix the valuation and generate the stamp before signing — in Punjab through the Easy Registry portal at easyregistry.punjab.gov.in with the e-stamp from Stock Holding Corporation of India Ltd at shcilestamp.com, and in the Union Territory of Chandigarh by whichever route the Sub-Registrar confirms is being accepted, which on the Administration's own published guidance is physical stamp paper from an authorised vendor up to Rs 50,000 and the Central Treasury above that, with duty deposited by challan at the State Bank of India, Treasury Branch, Sector 17. Sign in blue ink on every page. Both Parties, the guardian if any and both witnesses attend the Sub-Registrar within four months with photographs, PAN and Aadhaar, the original title deed and, for a Chandigarh Estate Office or Chandigarh Housing Board property, the permission or no-objection certificate, the no-dues certificate and the affidavit-cum-indemnity bond — the bond is merged with the Sub-Registrar's at registration and cannot be filed later. Collect the registered original. In Punjab, then report the acquisition to the Halqa Patwari within three months and follow the intkal until the Circle Revenue Officer sanctions it; for a Chandigarh Estate Office site, watch for the SMS confirming that change of ownership has been recorded and check the entry on estateoffice.chd.gov.in; for land in a Chandigarh revenue estate, apply to the Patwari and the Naib Tehsildar (Revenue) for mutation, because nothing there happens automatically.