Gift Deed Name Mismatch in West Bengal
Parents in West Bengal often gift a flat or land to a son, daughter or spouse by a registered gift deed. The trouble starts when the parent's name on the old title deed is spelt one way, Aadhaar another, and the child's name a third way. A gift deed is a new registered document, so it is your one chance to tie those spellings together. Once registered, a mistake needs a rectification deed signed by both sides. This page shows how to get it right the first time.
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Gift Deed Name Mismatch (Quick Answer)
In a West Bengal gift deed, write the donor and donee names as on their current Aadhaar and PAN, and add a line (a recital) saying the donor is the same person named differently in the old title deed or khatian, backed by a one and the same person affidavit. If a wrong name is found after registration, donor and donee sign and register a rectification deed. Then apply for mutation in the donee's name. A gazette is rarely needed.
| Problem | Fix |
|---|---|
| Donor's old title deed in another spelling | Recital in the gift deed plus affidavit |
| Donee's name differs from Aadhaar | Write it as on Aadhaar before signing |
| Mistake found after registration | Registered rectification deed, both sign |
| Donor died before rectifying | Legal advice; court may be needed |
| Khatian or tax still in donor's name | Mutation in donee's name |
Gift Deed in West Bengal: Registration and Acceptance Under the Transfer of Property Act
A gift deed transfers property without payment. Under the Transfer of Property Act, 1882, a gift of land or a house must be made by a registered document, and the person receiving it (the donee) must accept it while the giver (the donor) is alive.
In West Bengal, deeds are prepared and assessed through wbregistration.gov.in and registered at the Sub-Registrar or District Registrar office.
Once a gift is accepted and registered, it generally cannot be taken back just because someone changes their mind. A spelling error is not a reason to cancel a gift; it is fixed by rectification.
That is why the names should be checked before the day of registration, not after.
Donor and Donee Names to Check Before the Gift Deed Is Drafted
Put four papers side by side: the donor's title deed (or the deed by which the donor got the property), the khatian or municipal tax bill, the donor's Aadhaar and PAN, and the donee's Aadhaar and PAN.
If the donor's Aadhaar and PAN differ from each other, fix that first; see PAN and Aadhaar name mismatch. Registration offices check ID at the counter.
If the khatian is in a dead grandparent's name, the donor may first need mutation in his or her own name; see mutation on Banglarbhumi.
Gift Deed Recital Line That Links Old and New Name Spellings
A registered deed is history and is not rewritten. So if the donor bought the flat in 1990 as "Sukumar Banerji" and today's Aadhaar reads "Sukumar Banerjee", the old deed stays as it is.
The new gift deed can fix the chain. Ask the deed writer or lawyer to add a recital such as: the donor, named in the earlier deed as "Sukumar Banerji", is the same person as "Sukumar Banerjee" on his Aadhaar. Attach or keep a sworn affidavit to the same effect; see one and the same person affidavit.
This one line saves the donee years of questions at mutation, bank loans and resale. The example names here are made up.
Writing the Donee's Name in a Gift Deed: Match Aadhaar
Write the donee's name exactly as on Aadhaar, with father's or husband's name as on Aadhaar. A married daughter whose Aadhaar still shows her maiden name should either update it first or use the Aadhaar name in the deed.
For a daughter changing her surname after marriage, see Aadhaar name change after marriage. Decide the name before the deed, not after.
If several children receive shares, check every name. One misspelt donee means a rectification later.
Wrong Name in a Registered Gift Deed: Rectification Deed
If the registered gift deed has a wrong name, the usual fix is a deed of rectification: a short deed, signed by the donor and donee, that corrects the error. It is stamped and registered like the original.
Lawyers answering a public question on rectification deeds describe the cost of a clerical correction as small, but stamp duty varies, so ask the Sub-Registrar office.
Do not try to cancel the gift and redo it. That can create fresh duty and fresh disputes.
Donor Died Before the Gift Deed Name Error Was Fixed
A rectification deed needs the donor's signature. If the donor has died, it cannot be signed in the usual way.
For a small spelling gap, an affidavit by the donee, with ID and the death certificate, may be enough for mutation. For a bigger error, such as a wrong plot or wrong donee, the route may be a civil court suit for rectification. That is a lawyer's job; the District Legal Services Authority gives free legal aid to eligible people.
This is one more reason to get the names right while the donor is alive.
Mutation in the Donee's Name After a Gift: BL&LRO and Municipality
A registered gift deed does not change the land or municipal record by itself. The donee must apply for mutation: at the BL&LRO for the khatian, and at the municipality for the property tax record; see property tax and municipal mutation.
The donee's name in the mutation application should match the gift deed and Aadhaar. If they differ, the recital and affidavit help.
Patta land usually cannot be freely transferred; see patta name mismatch before gifting it.
Gift Deed Stamp Duty in West Bengal: What Sources Say
Several property guides say West Bengal charges a concessional stamp duty of about 0.5% on gifts to close family, with a registration fee of about 1%, and much higher duty on gifts to others.
The guides do not agree on who counts as family. One lists spouse, children, parents and siblings; another adds lineal ascendants and descendants. We could not find the notification itself, so confirm the rate and the relationship list with the Sub-Registrar or the e-Assessment on wbregistration.gov.in before you pay.
The relationship you claim must be shown in the deed, and names must support it. A father's name on the donee's Aadhaar that differs from the donor's name can raise questions.
Mistakes With Gift Deed Names
No recital for old spellings
Add one line.
Donee name not as on Aadhaar
Check before signing.
Cancelling to fix a typo
Use rectification.
Waiting until the donor dies
Fix it now.
Skipping mutation
The record does not change itself.
Getting a gazette first
Rarely needed.
How to Avoid and Fix Gift Deed Name Mismatches, in Order
Compare all papers
Old deed, khatian, IDs.
Fix Aadhaar and PAN
For donor and donee.
Swear an affidavit
For old spellings.
Add a recital
In the gift deed draft.
Register the gift deed
At the Sub-Registrar.
Apply for mutation
In the donee's name.
Gift Deed Name Mismatch: Frequently Asked Questions
Must a gift deed be registered in West Bengal?
Yes, a gift of land or a house needs a registered deed.
The donor's old deed has a different spelling.
Add a recital in the gift deed and keep an affidavit.
Whose name goes in the gift deed?
Donor and donee as on their current Aadhaar and PAN.
I found a wrong name after registration.
Donor and donee sign and register a rectification deed.
Can we cancel the gift to fix a typo?
Do not; use rectification instead.
The donor died before correcting the deed.
An affidavit may cover small gaps; bigger errors need legal advice.
Does a gift deed change the khatian?
No, the donee must apply for mutation.
What is the stamp duty on a family gift?
Guides say about 0.5%; confirm with the Sub-Registrar.
Who counts as family for lower duty?
Sources differ; confirm the list before paying.
Can patta land be gifted?
Usually not freely; check before drafting.
Is a gift from a parent taxable?
Gifts from relatives are generally not taxed; ask a tax adviser.
Do I need a gazette?
Rarely; a recital and affidavit usually work.
Sources for Gift Deeds in West Bengal
Directorate of Registration (official)
wbregistration.gov.in: e-Assessment and registration.
Gift Deed Stamp Duty Guide
calcguru.in: 0.5% family rate, relatives list.
WB Registration Guide
egovtschemes.com: family list, documents.
Rectification Deed Answers
kaanoon.com: lawyers on correcting deeds.
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Gift Deed Name Mismatch: We Draft the Linking Affidavit
The gift deed itself is drafted by your deed writer or lawyer and registered by the Sub-Registrar, not by us. If the donor's old deed, khatian and Aadhaar show different spellings, send us how each one reads and we will prepare the affidavit linking them. Monday to Saturday, across West Bengal.