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Gift Deed Of Ancestral Property Template for United Arab Emirates

A Gift Deed of Ancestral Property is a legal document used in the United Arab Emirates for the voluntary transfer of ancestral property without monetary consideration. The document operates within the UAE's unique legal framework, which combines civil law principles with Sharia law requirements. It must comply with Federal Law No. 5 of 1985 (UAE Civil Code) and relevant emirate-specific property laws. The deed includes detailed property descriptions, clear gift intentions, and necessary declarations under Islamic law regarding the concept of 'Hiba' (gift). It requires proper attestation, registration with relevant land departments, and often needs family consent due to the ancestral nature of the property.

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What is a Gift Deed Of Ancestral Property?

The Gift Deed of Ancestral Property is a crucial legal instrument in the United Arab Emirates used when a property owner wishes to transfer ancestral real estate to another person, typically a family member, without monetary consideration. This document type is particularly important in the UAE context where property transfers must comply with both civil law requirements and Islamic Sharia principles. The deed serves as official documentation of the transfer, including detailed property descriptions, ownership history, and clear declaration of the gift intention. It's commonly used for family wealth transfer, estate planning, and preserving family legacy while ensuring legal compliance with UAE Federal laws and emirate-specific regulations. The document requires careful preparation to address various aspects including property registration requirements, family consent where necessary, and proper attestation by relevant authorities.

What sections should be included in a Gift Deed Of Ancestral Property?

1. Parties: Details of the donor (giftor) and donee (recipient), including full legal names, Emirates ID numbers, and complete addresses

2. Background: Historical context of the ancestral property ownership, including how and when the donor acquired the property

3. Definitions: Key terms used in the deed including 'Property', 'Gift', 'Transfer Date', and other relevant terms

4. Property Details: Comprehensive description of the property including location, dimensions, registration details, and title deed number

5. Declaration of Gift: Clear statement of intention to gift the property without consideration and transfer of all rights and interests

6. Possession and Transfer: Terms regarding the immediate transfer of possession and control to the donee

7. Rights and Obligations: Statement of rights transferred and ongoing obligations related to the property

8. Registration and Formalities: Requirements for registration with relevant authorities and completion of legal formalities

9. Governing Law: Specification that the deed is governed by UAE laws and Sharia principles

10. Attestation: Space for signatures, witnesses, and notary authentication

What sections are optional to include in a Gift Deed Of Ancestral Property?

1. Conditions of Gift: Used when the gift is subject to specific conditions permitted under UAE law

2. Acceptance Declaration: Separate section for formal acceptance by donee, used in cases where immediate possession transfer is not possible

3. Family Consent: Required when other family members have potential claims to the ancestral property

4. Tax Declarations: Used when there are specific tax implications that need to be acknowledged

5. Maintenance Obligations: Used when specific maintenance responsibilities need to be transferred or retained

6. Power of Attorney: Required when any party is acting through an authorized representative

What schedules should be included in a Gift Deed Of Ancestral Property?

1. Schedule A - Property Description: Detailed technical description of the property including boundaries, measurements, and any attachments

2. Schedule B - Title Documents: List of all title documents and their details proving ownership chain

3. Schedule C - Property Photos: Recent photographs of the property for identification purposes

4. Appendix 1 - Family Tree: Document showing relationship between donor and donee, particularly relevant for ancestral property

5. Appendix 2 - Previous Transfer Documents: Copies of documents showing how the property came into donor's possession

6. Appendix 3 - Property Valuation Report: Current market valuation of the property by approved valuator

Authors

Alex Denne

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

Publisher

Genie AI

Document Type

Gift Deed

Sector

Personal

Cost

Free to use

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