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How to transfer property to a family member in India — find the right route

There are five usual ways to pass land or a home to family in India: a gift deed (now), a will (after death), a relinquishment deed (giving up an inherited share), a partition deed or family settlement (splitting among co-owners), and a sale. Answer six questions — who gets it, whether the owner is alive, the type of property, how it is owned, who lives abroad and what you want to happen — and this tool ranks the options for you, with the registration, stamp duty, income tax and FEMA points that matter for each.

Free · No sign-up · Runs privately in your browser· Figures checked 24 September 2026

Who will receive the property?
Is the owner alive?
What kind of property?
How is it owned?
The giver (owner)
The receiver
What do you want to happen?

Best fit for your answers

Will

Ownership passes only after the owner’s death.

  1. 1. Will

    Best fit

    Ownership passes only after the owner’s death.

    • The only clean route to pass farmland to an NRI or OCI — inheritance is allowed.
    • No stamp duty, and it can be changed any time.
    How it works
    The owner writes a will, signed before two witnesses. It takes effect only on death; the beneficiaries then apply for mutation. Probate has not been compulsory anywhere since December 2025, when the Repealing and Amending Act, 2025 omitted s.213 of the Indian Succession Act — but it is still available and some offices may ask for it.
    Registration
    Optional (s.18, Registration Act) — but a registered will is much harder to challenge.
    Stamp duty
    None on a will. The heirs may pay a small fee for mutation.
    Income tax
    Nothing to pay on inheriting — property received under a will is outside s.92. Capital gains arise only if the heir later sells.
    Can it be undone?
    Yes — the maker can change or cancel it at any time. The last valid will counts.
    FEMA
    Inheritance is allowed for NRIs and OCIs — including agricultural land.

  2. 2. Gift deed

    Not available

    Ownership passes now, for free, by a registered deed.

    FEMA rules don’t let an NRI or OCI receive agricultural land, a farmhouse or plantation by gift or purchase — only by inheritance.

  3. 3. Relinquishment (release) deed

    Not available

    A co-owner gives up their share to the other co-owners.

    A release deed is only between co-owners. For a property owned by one person, use a gift deed instead.

  4. 4. Sale deed

    Not available

    Ownership passes now, for a price paid through the bank.

    FEMA rules don’t let an NRI or OCI receive agricultural land, a farmhouse or plantation by gift or purchase — only by inheritance.

  5. 5. Partition deed / family settlement

    Not available

    Co-owners divide the property so each owns a defined part.

    Partition needs two or more co-owners. With one owner, there’s nothing to divide.

Want the full FEMA picture for your receiver? Try the NRI / OCI property eligibility checker.

General guidance, not legal or tax advice — the right route depends on the title, the family and the state. Stamp duty and registration rules change often. Take this shortlist to a local property lawyer (and a CA for tax) before anything is signed.

How to use it

  1. Choose who will receive the property and whether the owner is still alive.
  2. Pick the property type and how it is held — sole owner, co-owned, or inherited and not yet divided.
  3. Say whether the giver or receiver is an NRI or OCI cardholder, and what you want: transfer now, after death, give up a share or split among heirs.
  4. Read the ranked options and the flags, then take your shortlist to a local property lawyer before anything is signed.

Gift deed vs will: what is the difference?

A gift deed transfers the property now; a will transfers it only after the owner’s death. A gift of immovable property must be made by a registered deed signed by the giver and attested by two witnesses (Section 123, Transfer of Property Act, 1882), and once accepted it generally can’t be taken back — Section 126 allows revocation only in narrow cases, such as a condition both sides agreed to.

A will needs no registration (it is optional under Section 18 of the Registration Act, 1908) and no stamp duty, and the owner can change or cancel it at any time until death. The trade-off: nothing passes until then, and the heirs must still get the property mutated, which a disputed will can slow down.

Relinquishment deed vs gift deed: which one do you need?

A relinquishment (release) deed is for co-owners: an heir who shares an inherited property gives up their share in favour of one or more of the other co-owners. A gift deed can be made to anyone — co-owner or not. If your sister in Canada wants her share of the family land to go to your brother, who is already a co-heir, a release deed is the natural route.

Both must be registered, since they transfer an interest in immovable property (Section 17, Registration Act). Stamp duty on each depends on the state, and many states charge less when the transfer is within the family — check the current figure for your state before you book the registration.

Is probate still needed for a will?

Not compulsorily, any more. Probate used to be mandatory for Hindu, Sikh, Jain and Buddhist wills made in, or covering property in, the old presidency towns of Mumbai, Chennai and Kolkata (Sections 57 and 213 of the Indian Succession Act, 1925). The Repealing and Amending Act, 2025 omitted Section 213 with effect from December 2025, so probate is no longer mandatory anywhere.

Probate is still available and can be worth getting: it is a court’s confirmation of the will that binds everyone, and some banks, housing societies and registrars may still ask for it, especially if the will is disputed. A registered will, with the testator’s fitness noted, is the easiest to rely on.

Is a gift of property to a family member taxed?

Not for the receiver, when the giver is a ‘relative’ as the Income-tax Act defines it — spouse, parents, children and grandchildren, brothers and sisters, the spouse’s brothers and sisters, the parents’ brothers and sisters, and the spouses of these. This was Section 56(2)(x) of the 1961 Act and is now Section 92 of the Income-tax Act, 2025. Property received under a will or by inheritance is also outside it.

From a non-relative, land or a building received free is taxable in the receiver’s hands if its stamp duty value exceeds ₹50,000. A sale to family is different again: the seller pays capital gains tax, and tax law generally uses the circle rate as the floor for the sale price. When a property is gifted to a spouse, any rent or income from it is usually still taxed in the giver’s hands.

Can property be gifted or willed to an NRI or OCI in the family?

Homes and commercial property, yes; agricultural land, farmhouses and plantations, only by inheritance. Under the FEMA (Non-debt Instruments) Rules, 2019, an NRI or OCI can receive non-agricultural property by gift from a relative (as the Companies Act, 2013 defines it — which covers spouse, parents, children, their spouses, and siblings, but not grandchildren), and can inherit any property — but cannot buy or be gifted farmland.

An NRI or OCI who owns inherited farmland can sell or gift it only to a person resident in India who is an Indian citizen. So if the land is agricultural and the family member lives abroad, a will is usually the only way to pass it to them. Our NRI and OCI property eligibility checker covers the details.

Questions people ask

A gift deed if you want the property to pass now and are sure — it is registered, hard to undo and needs stamp duty. A will if you want to keep control during your life — it costs little, can be changed anytime and passes the property only after death. Many families use both for different assets.

A relinquishment deed lets a co-owner, usually an heir, give up their share to the other co-owners. A gift deed can transfer property to anyone. Both must be registered; stamp duty differs by state, and many states give family concessions on both.

Rarely. Section 126 of the Transfer of Property Act lets a gift be revoked only for an agreed condition or on grounds that would set aside a contract, such as fraud. Separately, a senior citizen can have a gift declared void if it was made on condition of care that the receiver then fails to give.

Yes, but many states charge a concessional or fixed amount when the gift is to close family such as a spouse, child or grandchild. Rates change often, so check the current figure for your state — our stamp duty calculator is a good starting point.

No. FEMA rules don’t let an NRI or OCI receive agricultural land, a farmhouse or plantation by gift or purchase. He can inherit it, including under your will, and can later sell or gift it only to a resident Indian citizen.

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