Kagaznama

Gift Deed of an Undivided Share

At a glance

Price: Free
Stamp duty: Punjab: Article 33 — 5% (consideration/Collector rate, higher) + 1% cess + 1% PIDB + 0.25% SIDF = 7.25%. … Chandigarh: 5% (item 2) or blood-relation exemption (item 24) — confirm which applies 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).

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Gifting an undivided co-ownership share — without pretending any room, floor or corner is already partitioned. State the donor's fractional interest, co-owners, common property; grant no exclusive possession of a carved-out portion unless a lawful partition already exists.

Governed by ss.122-123: registration, two witnesses. The donee steps into the same co-ownership structure. Punjab authority allotments need s.43(7); Chandigarh sector property needs the Estate Office file updated.

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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%. Duty is on the VALUE OF THE SHARE gifted, not the whole property; the blood-relation remission (Order S.O.28/2014) turns on relationship, not share size (can't remit the 2 infrastructure levies). Reg. fee 1% (min Rs 50, max Rs 2L). Chandigarh: 5% (item 2) or blood-relation exemption (item 24) — confirm which applies 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).

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GIFT DEED OF AN UNDIVIDED SHARE

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

UNDIVIDED SHARE

The Donor transfers an undivided share of 25,000/25,000. Other co-owner details: X.

POSSESSION AND COMMON RIGHTS

Possession: Donee receives the gifted undivided share without exclusive possession of a carved-out portion. Common/appurtenant rights: X. Nothing here records a partition not already lawfully completed.

NO PHYSICAL CARVE-OUT

The gifted fraction is a share in the whole property. The deed does not convert an undivided interest into a private room, floor or marked portion unless a lawful partition already created that separate title.

CO-OWNER CONTINUITY

Rights of the remaining co-owners continue against the common property. The donee takes the donor transferred co-ownership position, together with proportionate common rights and the ordinary consequences of joint ownership.

LEGAL BASIS

Punjab: Sections 122 and 123 of the Transfer of Property Act, 1882 define a gift and require a gift of immovable property to be made by a registered instrument signed by or for the donor and attested by at least two witnesses. The jurisdictional Sub-Registrar receives a registrable property instrument under section 17 of the Registration Act, 1908; section 23 gives four months for presentation and section 25 contains the limited further-period route. Where authority-allotted property is involved, section 43(7) permission must match the exact share being transferred. A refusal to register follows sections 72 or 73 of the Registration Act, 1908 according to the ground of refusal.

Chandigarh: Sections 122 and 123 of the Transfer of Property Act, 1882 define a gift and require a gift of immovable property to be made by a registered instrument signed by or for the donor and attested by at least two witnesses. The Sub-Registrar, UT Chandigarh receives a registrable property instrument under the Registration Act, 1908. For a sector/estate property, the registered result must also be reflected in the Estate Office file under the Capital of Punjab (Development and Regulation) Act, 1952 and Chandigarh Estate Rules, 2007. The Estate Office transfer entry must match the exact undivided share; its fee was not confirmed. A refusal to register follows sections 72 or 73 of the Registration Act, 1908 according to the ground of refusal.

Questions about this document

Does the Gift Deed of an Undivided Share 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%. … Chandigarh: 5% (item 2) or blood-relation exemption (item 24) — confirm which applies at Sector 17; contested (portals say 6%).

See the full position on stamp duty, registration and witnesses

Does the Gift Deed of an Undivided Share 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).

See the full position on stamp duty, registration and witnesses

What does the Gift Deed of an Undivided Share cost on Kagaznama?

Free.

Documents are free. Only kits are paid.

Does the Gift Deed of an Undivided Share need witnesses?

Two attesting witnesses required (s.123).

See the full position on stamp duty, registration and witnesses

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