The Deed of Gift Document is a crucial legal instrument in Malaysian jurisprudence, used to formalize and document the voluntary transfer of property or assets without consideration. It is commonly used in family arrangements, charitable donations, estate planning, and corporate gifting scenarios. The document must comply with Malaysian legal requirements, including the Contracts Act 1950 and the Stamp Act 1949, and requires proper execution, witnessing, and stamping to be legally effective. For real property transfers, it must also align with the National Land Code 1965. When used by Muslim parties, the deed must incorporate Islamic law principles regarding gifts (hibah). The document typically includes comprehensive details about the gifted property, any conditions attached to the gift, and necessary warranties from the donor regarding ownership and transfer rights.
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1. Parties: Identifies and defines the Donor (person giving the gift) and the Donee (person receiving the gift), including their full names, identification numbers, and addresses
2. Background: Sets out the context of the gift, relationship between parties if relevant, and confirmation that the Donor wishes to make the gift
3. Definitions: Defines key terms used throughout the deed
4. Gift: Clear statement of the gift being made and transfer of ownership
5. Declaration: Formal declaration by the Donor of their intention to make the gift and transfer ownership
6. Donor's Warranties: Confirms Donor's ownership of the gift, right to transfer, and that the property is free from encumbrances
7. Delivery and Transfer: Details how and when the gift will be delivered or transferred to the Donee
8. Acknowledgment: Donee's acceptance of the gift and acknowledgment of receipt
9. Execution: Formal execution clause meeting the requirements of a deed, including witnessing requirements
1. Conditions: Used when the gift is subject to specific conditions or restrictions
2. Reservation of Rights: Used when the Donor wishes to retain certain rights over the gifted property
3. Tax Declarations: Used when specific tax implications need to be addressed or acknowledged
4. Islamic Law Compliance: Required when the Donor is Muslim and the gift needs to comply with Shariah principles
5. Power of Attorney: Required when the deed is being executed through an attorney
6. Governing Law and Jurisdiction: While Malaysian law is implied, this section is used when specific jurisdictional choices need to be made explicit
1. Schedule 1 - Description of the Gift: Detailed description of the gifted property, including any identifying features, registration numbers, or specifications
2. Schedule 2 - Title Documents: List and copies of relevant title documents for the gifted property
3. Schedule 3 - Conditions: Detailed listing of any conditions attached to the gift
4. Appendix A - Supporting Documents: Copies of relevant supporting documents such as valuation reports or property certificates
5. Appendix B - Powers of Attorney: If applicable, copies of any powers of attorney relevant to the execution of the deed
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