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Property Donation Agreement Template for India

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Key Requirements PROMPT example:

Property Donation Agreement

"I need a Property Donation Agreement for transferring my ancestral residential property in Mumbai to my daughter, with the transfer to be completed by March 2025, while retaining my right to live in the property during my lifetime."

Document background
A Property Donation Agreement is essential when transferring immovable property as a gift in India. This document is commonly used for charitable donations, family transfers, or institutional endowments. It must comply with the Transfer of Property Act, 1882, and various state-specific regulations. The agreement becomes particularly important as property donations have significant legal and tax implications for both donors and donees. It must be properly stamped and registered with local authorities to be legally enforceable. The document typically includes comprehensive property details, clear donation intentions, warranties about title, and specific conditions if any. It's crucial for ensuring clear title transfer and preventing future disputes, especially in cases involving charitable institutions or family arrangements.
Suggested Sections

1. Parties: Details of the donor and donee, including full names, ages, addresses, and legal capacity to enter into the agreement

2. Background: Context of the donation, relationship between parties if relevant, and donor's ownership of the property

3. Definitions: Definitions of key terms used in the agreement

4. Details of Property: Comprehensive description of the property being donated, including location, boundaries, and registration details

5. Declaration of Donation: Clear statement of donor's intention to transfer property without consideration

6. Rights and Interests: Statement of rights being transferred and any existing encumbrances

7. Possession and Transfer: Terms regarding physical possession and timeline for transfer

8. Representations and Warranties: Donor's declarations regarding property ownership, authority to donate, and absence of disputes

9. Registration and Expenses: Provisions for registration of the deed and responsibility for associated expenses

10. Governing Law: Specification of Indian law as governing law and jurisdiction

11. Execution: Signing and witness requirements as per Indian law

Optional Sections

1. Conditions of Donation: Any specific conditions attached to the donation (used when donor wishes to impose certain conditions on use of property)

2. Retention of Limited Rights: Details of any rights retained by donor (used when donor wishes to retain certain rights like lifetime residence)

3. Tax Implications: Specific clauses regarding tax treatment (used when parties want to clarify tax responsibilities)

4. Religious Law Compliance: Specific provisions ensuring compliance with personal laws (used when religious law considerations apply)

5. Power of Attorney: Authorization for completing registration (used when parties may not be present for registration)

6. Family Settlement Details: Reference to family arrangement (used when donation is part of larger family settlement)

Suggested Schedules

1. Property Description Schedule: Detailed technical description of property including measurements, boundaries, and survey numbers

2. Title Documents: List of property ownership documents and chain of title

3. Encumbrance Certificate: Recent encumbrance certificate showing property is free from liens

4. Property Tax Records: Details of property tax payments and assessment

5. Property Plans: Architectural plans, site maps, and approved drawings if applicable

6. Permissions Schedule: List of necessary permissions obtained for transfer, especially for agricultural land

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Non-Profit & Charitable Organizations

Education

Healthcare

Religious Institutions

Family Offices

Agricultural

Corporate Social Responsibility

Relevant Teams

Legal

Real Estate

Tax Advisory

Compliance

Corporate Secretarial

Property Management

Corporate Social Responsibility

Wealth Management

Relevant Roles

Legal Counsel

Property Manager

Real Estate Manager

Tax Advisor

Compliance Officer

Corporate Secretary

Estate Planning Advisor

Wealth Manager

CSR Manager

Non-Profit Director

Property Valuation Expert

Land Records Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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