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Which Deed Do I Need?

Answer 3 quick questions. We'll tell you whether you need a Gift Deed, Will, Relinquishment Deed, Partition Deed, or Sale Deed - with the exact stamp duty.

1. Kab transfer karna hai property?
2. Kya ye property kisi co-owner ke saath already share me hai?
3. Kya recipient se paisa (consideration) mil raha hai?
Will

Aapko Will (Deed of Will) chahiye - kyunki transfer sirf aapke baad hona hai.

Stamp Duty: Rs.0 (Zero) - cheapest option by far.
Kyun: Will kabhi bhi badla ja sakta hai jab tak aap zinda hain, aur takes effect sirf death ke baad.
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Relinquishment Deed

Aapko Relinquishment Deed (Release Deed) chahiye - kyunki aap apna hissa ek existing co-owner ko release kar rahe hain.

Stamp Duty: Rs.100 flat, between co-owners.
Careful: Agar recipient co-owner nahi hai, to Sub Registrar full Sale Deed rate (4-7%) charge kar sakta hai.
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Sale Deed

Aapko Sale Deed chahiye - kyunki payment involve ho raha hai.

Stamp Duty: Male 6-7%, Female 4-5%, Joint 5-6% (value ke hisaab se) + 1% registration.
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Gift Deed

Aapko Gift Deed chahiye - kyunki bina payment ke, abhi transfer karna hai.

Stamp Duty: Male donee 6-7%, Female 4-5%, Joint 5-6% - Delhi me gift par koi special concession nahi hai, sale deed jaisa hi rate hai.
Tax benefit: Agar recipient blood relative hai (parents/spouse/children/siblings), to income tax 100% exempt hai.
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Partition Deed

Aapko Partition Deed chahiye - kyunki sab co-owners apna-apna alag, separate hissa lena chahte hain (koi bhi bahar nahi ja raha).

Stamp Duty: Sirf 2% on the lower (smaller) portion - baaki bada hissa 0% exempt hai. Registration fee 1% of the lower portion.
Kyun: Partition Deed ke baad har co-owner ko apne hisse ka alag, independent legal title milta hai - Relinquishment Deed me sirf ek hi party ko poora title milta hai.
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Not about which deed you need? If you already know the deed but need someone else to sign the paperwork on your behalf (e.g. you're an NRI or can't be present in Delhi), that's a Power of Attorney, not a transfer deed by itself - it doesn't transfer ownership on its own. See the GPA/SPA guide →

All 4 Deed Types - At a Glance

Deed TypeWhen to UseStamp DutyRevocable?
Gift DeedTransfer now, no payment4-7%Generally no
Sale DeedTransfer now, with payment4-7%No
WillTransfer only after deathRs.0Yes, anytime
Relinquishment DeedReleasing share to existing co-ownerRs.100No
Partition DeedAll co-owners split into separate portions2% on lower portionNo

Frequently Asked Questions

Depends on timing. Gift Deed abhi turant ownership transfer kar deti hai (4-7% stamp duty, generally irrevocable). Will sirf aapke baad effect me aati hai (Rs.0 stamp duty, jab tak zinda hain kabhi bhi badal sakte hain). Agar aap abhi control chhodna nahi chahte, Will behtar hai. Agar family ko turant clear ownership deni hai, Gift Deed behtar hai.

Use a Gift Deed if you want the transfer to happen now, during your lifetime - it costs 4-7% stamp duty but takes effect immediately and is generally irrevocable. Use a Will if you want the transfer to happen only after your death - it costs Rs.0 stamp duty in Delhi and can be changed anytime while you are alive.

Generally no. A registered, accepted Gift Deed is irrevocable under Section 126 of the Transfer of Property Act, 1882, except in narrow circumstances (fraud, coercion, or a specific revocation clause included at the time of drafting). A Will, by contrast, can be changed or revoked anytime while you are alive - this is the single biggest practical difference people miss.

The Gift Deed takes priority for that property - once a Gift Deed is registered and accepted, ownership has already transferred, so a Will made afterwards cannot bequeath a property you no longer own. If a Will was made earlier and a Gift Deed is executed later for the same property, the Gift Deed effectively overrides that part of the Will.

Use a Relinquishment Deed only when releasing your share to an existing co-owner of the same property - for example, one sibling releasing their inherited share to another sibling who already co-owns the property. It costs just Rs.100 stamp duty. A Gift Deed is for transferring your own separately-owned property to someone else, and costs 4-7%.

No - in Delhi, Gift Deed and Sale Deed have the same stamp duty rates (4-7% based on gender and value). There is no special concessional stamp duty for gifting to blood relatives in Delhi. The real advantage of a Gift Deed to a specified relative is that it is 100% exempt from income tax, unlike a sale where capital gains tax may apply.

A Relinquishment Deed is for when one co-owner exits and gives up their share to another co-owner who then owns the property alone - it costs Rs.100 flat. A Partition Deed is for when every co-owner wants to keep their own separate portion - nobody exits, everyone just gets an individually-titled share. Partition Deed costs 2% stamp duty on the value of the smaller (lower) portion only.
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