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Deeds and agreements · Differences

Gift deed vs Sale deed

Both transfer ownership and both must be registered. A sale deed transfers property for a price; a gift deed transfers it without any payment. The difference shows up in stamp duty, which many states reduce for gifts within the family, and in income tax.

Side by side

FactorGift deedSale deed
ConsiderationNoneA price
LawTransfer of Property Act, sections 122–126Transfer of Property Act, section 54
RegistrationCompulsoryCompulsory
Stamp dutySet by the state; often concessional for close familyFull rate set by the state
Capital gains for the giver or sellerA gift is not treated as a transfer for capital gainsGain is taxable
Tax for the receiverExempt from relatives as defined; otherwise may be taxedNone on buying, but TDS duties may apply
Can be reversedOnly on narrow groundsOnly on grounds that void a contract

When Gift deed matters

A gift deed is the route for passing property to family without payment, and often costs less in stamp duty.

When Sale deed matters

Any transfer for money should be a sale deed. Dressing a sale up as a gift to save duty is unlawful and can void the transfer.

In more detail

When someone who received property as a gift later sells it, the previous owner's cost and holding period carry over for working out capital gains.

Property received as a gift from a relative, as defined in income-tax law, is not taxed. From anyone else, its stamp duty value may be taxed as income above a small threshold. See the gift deed guide.

Stamp duty by state →

Common questions

Is stamp duty lower on a gift deed?

In many states, for gifts to close family members. The rate and who counts as family are set by each state.

Can a gift deed be cancelled like a sale?

A registered and accepted gift can be revoked only on grounds the deed itself sets out or that would void a contract.

Is TDS deducted on a gift of property?

No price is paid on a gift, so the TDS that applies to purchases does not arise.

Sources

  • Transfer of Property Act, 1882, sections 54 and 122–126
  • Income-tax Act, 2025 (in force from 1 April 2026, replacing the Income-tax Act, 1961)
  • Confirm with a chartered accountant before you act; tax rules are amended by each Finance Act.

A plain-language summary, not legal or tax advice. Rules set by states differ and change; check the current position for your property.

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