Gift Deed and Sale Agreement Attestation in Siliguri
A notary at Hill Cart Road can attest signatures on a gift deed or on an agreement to sell. That attestation is not the transfer of the land or the flat. A gift of immovable property generally must be registered. A sale of immovable property is completed by a registered sale deed, not by a notarised agreement alone.
Two papers people mix up
A gift deed is a transfer without money, often from a parent to a child. An agreement to sell is a promise that a sale will happen later, usually with an advance. Neither one, merely because a notary saw the signature, moves the title at the land registry.
Families in Siliguri sometimes want a quick gift of a house before a marriage or a move. The quick step is the wrong step if registration is skipped.
Registration is the transfer, for land
For immovable property, section 123 of the Transfer of Property Act, 1882 provides that a gift must be made by a registered instrument signed by the donor and attested by at least two witnesses. A notarised page that was never registered does not complete that gift. A sale of immovable property of the value that the Registration Act covers is made by a registered sale deed. An agreement to sell can be a serious contract, and it may itself attract stamp and sometimes registration, but it is not the sale deed.
The notary's role under the Notaries Act, 1952 is to attest the execution, not to register the document. Stamp duty and registration fees are set by the state. Notarisation at this chamber starts at Rupees 100. Stamp paper, when your paper needs it, is extra and follows the West Bengal rate in force that week. Send the details on WhatsApp and we'll reply with the exact cost. Stamp duty and registration fees follow the state rules for your paper.
A gift of movable things, such as a vehicle in some cases, follows a different path. Bring the paper and we will say which path it is. Do not assume the house rule and the car rule are the same.
Papers to bring
Both the giver and the receiver should come if both must sign.
Gift
- Identity of the donor
- Identity of the donee
- The deed or tax paper that shows what is being given
- Two witnesses if the draft needs them, with their identity
Agreement to sell
- Identity of buyer and seller
- The price and the advance you have truly agreed
- A description of the property
- Any broker note, kept separate from the legal terms
Which case is yours?
Find the row that matches your papers. The first step is yours. The last column is the office that still has to accept the paper.
| Your situation | What you do first | Who else is involved |
|---|---|---|
| A parent wants to gift a house or flat | Both sides come with identity, and the paper that shows what is being given | The sub-registrar. Section 123 of the Transfer of Property Act, 1882 requires a registered instrument for a gift of immovable property |
| Buyer and seller have agreed an advance | Write the real price and the date for the sale deed | The sub-registrar when the sale deed is presented |
| The paper is about a movable thing | Bring that paper so the path can be told apart from a house transfer | The office named for that movable, which is not always the land registry |
First 24 hours
Say whether money is changing hands, and whether the property is land, a flat, or a movable thing. A gift and an agreement to sell are different papers.
For immovable property, a gift generally must be registered. A sale is completed by a registered sale deed. A notary stamp does not move the title.
What happens at Hill Cart Road
The chamber is in the PNB building, opposite Meghdoot Cinema Hall.
- Say which paper it is The heading should say agreement when it is only an agreement, and it should not say gift when money is being paid.
- Warn on registration If the subject is land or a flat, we tell you that the sub-registrar is the office that completes a gift or a sale.
- Attest only after reading You sign before the notary. Witnesses, where the law or the draft needs them, sign too.
When you know which row matches your papers, call or send them on WhatsApp.
Risks of a notarised shortcut
A parent who 'gifts' a house on stamp paper, without registration, may believe the child owns it. A buyer, a bank or a sibling can then point out that title never moved. An agreement to sell with a large advance, and no clear date for the registered deed, leaves the advance stuck in a dispute.
The date on the paper should be the date you sign. If money is paid, the paper is not a gift, and the price should be the real price.
Limits
The notary does not search the title and does not promise that the donor owns the property. A title check is a different piece of work. There is no limitation period stated on this page for signing, but a possession dispute will not wait. Revoking a completed registered gift is not a matter of tearing up the notary copy.
Why the heading on the paper must be honest
Calling an agreement a deed, or a sale a gift, misleads the next office and can mislead you. Send the details on WhatsApp and we'll reply with the exact cost, say whether money is changing hands, and say whether the property is land, a flat, or a movable thing.
Family pressure
Gifts inside a family are often decided in a hurry, before a wedding or after a death. You can ask for a day. If every child has not been told, that is a family question, not a reason to use a notary stamp as a secret. We draft what you instruct. We will also tell you if the instruction cannot transfer the house.
How this office helps
We draft and attest. We point you to registration when the law expects it.
- Distinguish a gift from an agreement to sell
- Identify the people who sign
- Attest the paper at the notary chamber
- State when registration is still required
- Tell you to send the details on WhatsApp and we'll reply with the exact cost
Questions people ask
How much does this attestation cost?
Notarisation at this chamber starts at Rupees 100. Stamp paper, when your paper needs it, is extra and follows the West Bengal rate in force that week. Send the details on WhatsApp and we'll reply with the exact cost.
How long does the notary visit take?
If the parties and the property description are ready, attestation is often one visit. Registration is a separate queue.
Can I gift my house with only a notary?
Generally no. A gift of immovable property has to be by a registered instrument. A notary stamp does not replace the sub-registrar.
Is an agreement to sell the same as a sale deed?
No. The agreement promises a sale. The registered sale deed is what usually completes it.
Can we show a lower price?
No. The price on your paper should be the real price. Stamp and registration follow the real transaction and the state rules.
Do witnesses have to come?
Where the draft or the Act needs attesting witnesses, they should be present with identity. Do not use names of people who were not there.
Will you check that I own the land?
Not as part of a simple attestation. A title opinion is separate work. Send the details on WhatsApp and we'll reply with the exact cost if you want that opinion as well.
Talk to the office
Bring the papers you have. Notarisation at this chamber starts at Rupees 100. Stamp paper, when your paper needs it, is extra and follows the West Bengal rate in force that week. Send the details on WhatsApp and we'll reply with the exact cost.
This page is general information for people in Siliguri and North Bengal. It is not legal advice for your papers. Rules, stamp requirements and office practice change. Call the chamber before you rely on it.