Vehicle Gift Affidavit

Stamp duty

An affidavit is chargeable under Article 4, Schedule 1-A to the Indian Stamp Act, 1899 as applicable to Punjab, which Schedule also governs the Union Territory of Chandigarh — the same nominal treatment every affidavit on this site carries, and not the ad valorem duty a Gift under a separate article of the same Schedule would carry on a formal Gift Deed. That distinction holds only because this Affidavit does not itself operate as the instrument effecting the gift: under Section 123 of the Transfer of Property Act, 1882, a gift of movable property is complete on delivery, so nothing here needs to be, or is, a conveyance. If the Donor and Donee instead choose to execute a formal, registered Gift Deed for the Vehicle — unnecessary, but sometimes still done for the added evidentiary weight, or because a bank or insurer specifically asks for one — that different instrument would attract the ad valorem Gift article's duty instead of this Affidavit's nominal one; keep the two apart. This Affidavit is sworn on a non-judicial stamp paper of the smallest denomination generally sold at a treasury, an SHCIL e-stamp counter or an authorised stamp vendor in Punjab or in Chandigarh. Punjab's Schedule 1-A rates for affidavits have been revised by notification from time to time, and the exact current rupee figure was not independently confirmed for this template — confirm it at the stamp vendor on the day of purchase.

Registration

Not registrable under the Registration Act, 1908, in Punjab or in Chandigarh — and, unlike a gift of immovable property, no registration is even needed to make the gift itself effective. Section 123 of the Transfer of Property Act, 1882 requires a gift of immovable property to be made by a registered instrument, but permits a gift of movable property, which a motor vehicle is, to be made either by a registered instrument or simply by delivery. This Affidavit records a gift already made complete by delivery of the Vehicle to the Donee; it goes into the Registering Authority's transfer file with Form 29 and Form 30. "Registration" of the Vehicle itself is the separate Motor Vehicles Act sense of the word — the Registering Authority's own record of ownership, changed under Section 50 of that Act — not the Registration Act, 1908 at all.

Notarisation

The Donor's affidavit is sworn or affirmed before a Notary Public or an Oath Commissioner appointed for Punjab or for the Union Territory of Chandigarh, who verifies the Donor's identity and signs, stamps and dates the affidavit, before it is uploaded or produced with the transfer application. The Donee's acceptance is a plain signature and is not itself sworn.

Witnesses

No statute requires a witness to this Affidavit beyond the notarial attestation of the Donor's oath, in either jurisdiction. Given what is being given away, two witnesses to the Donee's acceptance are good practice, though not legally required.