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Deeds and agreements · Differences

Gift deed vs Will

A gift deed transfers property now, while the owner is alive; it must be registered, and once accepted is hard to undo. A will transfers property only after the owner's death and can be changed any number of times before then. Registration of a will is optional.

Side by side

FactorGift deedWill
Takes effectImmediately, on registration and acceptanceOn the death of the person making it
Can be changedOnly on narrow groundsYes, any time before death
RegistrationCompulsoryOptional
Stamp dutySet by the state; many give a concession for close familyNone on the will itself
AcceptanceMust be accepted in the giver's lifetimeNot needed
Income tax for the receiverNot taxed if from a relative as defined; otherwise may be taxedInheritance is not taxed as income
Can be challengedOn grounds such as fraud or undue influenceOften contested; probate may be needed in some places

When Gift deed matters

A gift deed suits an owner who wants the property to pass now, for example to a spouse or child, and accepts that it is hard to reverse.

When Will matters

A will suits an owner who wants to keep the property and control over it during their lifetime.

In more detail

A gift of immovable property must be made by a registered deed signed by the donor and attested by two witnesses (section 123 of the Transfer of Property Act). An unregistered gift deed does not transfer the property.

A will is governed by the Indian Succession Act, 1925 for most people. Probate is mandatory only in certain cases and places; a lawyer will advise whether it applies.

Neither route avoids mutation: after either, the new owner applies to have the municipal and revenue records changed.

Stamp duty by state →

Common questions

Is a gift deed better than a will?

It depends on the family. A gift deed transfers the property now and is hard to undo; a will takes effect on death and can be changed.

Does a will need to be registered?

No. Registration of a will is optional under the Registration Act, though it can help as evidence.

Is stamp duty payable on a will?

No stamp duty is payable on a will. A gift deed attracts stamp duty set by the state.

Sources

  • Transfer of Property Act, 1882, sections 122–126
  • Registration Act, 1908, sections 17 and 18
  • Indian Succession Act, 1925

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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