Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Two witnesses need to be present for executing a gift deed

By Rishabh Shroff & Tanmay Patnaik on November 10, 2021
Email this postTweet this postLike this postShare this post on LinkedIn
Two witnesses need to be present for executing a gift deed
Image Source: Livemint.com

The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions in an article in the  following Q&A which was published by the Mint Newspaper on 10th November, 2021 and the online edition of the same can be found here.

My father wants to transfer our house to my sister as a gift deed. I’m willing to sign a no objection certificate for the same. My father cannot hold a steady hand while writing or signing and is not able to get up on his own, let alone walk. The house is in my father’s name. My sister has been caring for my mother and father for years now. Somebody said that we should hire a pro for video recording if my father cannot go to the registration office to sign the gift deed. It could cost ₹30,000-40,000. Would his thumb impression taken at home be enough? What is the right process to follow?

—Name withheld on request

Your father would be permitted to use his thumb impression to execute the gift deed. We would recommend that you obtain a medical certificate from your father’s consulting physician, attesting to your father’s mental capacity to execute documents. This could also elaborate on his present physical condition.

The doctor’s certificate would be crucial for evidentiary purposes should the gift deed be challenged in the future. We would also recommend a video recording of the execution, where he can acknowledge that he fully understands the scope of the gift deed and is executing the document without any coercion, etc. The recording must specifically capture the moment wherein your father affixes his thumb impression on the gift deed.

The presence of two witnesses for the execution of the gift deed will be required. The gift deed will also need to be registered. You may need to speak to your local registrar to obtain an exemption for your father from attending the registration process in person. The doctor’s medical certificate would be useful for this purpose as well.

The transfer under the gift deed would also attract the payment of stamp duty (the quantum of stamp duty would depend on the location of the property).


 

Photo of Rishabh Shroff Rishabh Shroff

Co-Head and Partner in the Private Client Practice at the Mumbai office of Cyril Amarchand Mangaldas. Rishabh specialises in family constitutions and settlements, trusts, wills and succession planning. He can be reached at rishabh.shroff@cyrilshroff.com

Read more about Rishabh ShroffEmail
  • Posted in:
    Trusts, Estates and Elder
  • Organization:
    Cyril Amarchand Mangaldas

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo