The Deed of Gift of Immovable Property is a crucial legal instrument in Pakistani property law, used when an owner wishes to transfer property to another person without receiving any consideration in return. This document type is commonly used for family transfers, charitable donations, or religious endowments. It must strictly comply with the Transfer of Property Act 1882, Registration Act 1908, and Islamic law principles of Hiba (gift). The deed requires careful drafting to include essential elements such as clear identification of parties and property, explicit declaration of gift, immediate transfer of possession, and proper attestation. It's particularly important in Pakistani jurisdiction as it must balance both civil law requirements and Islamic legal principles, making it distinct from similar documents in purely common law jurisdictions. The document must be registered with local authorities and proper stamp duty must be paid to ensure legal validity.
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1. Parties: Identification of the Donor (gift-giver) and Donee (gift-receiver) with full names, ages, relationships, and complete addresses
2. Background: Context of the gift, relationship between parties, and confirmation that the Donor is of sound mind and acting voluntarily
3. Definitions: Definitions of key terms used in the deed including 'Property', 'Effective Date', 'Transfer', etc.
4. Details of Property: Comprehensive description of the immovable property being gifted, including location, boundaries, and registration details
5. Declaration of Gift: Clear statement of the Donor's intention to gift the property without consideration and the Donee's acceptance
6. Possession and Rights: Statement confirming immediate transfer of possession and all rights to the Donee
7. Title and Ownership: Donor's warranty of clear title and right to gift the property
8. Tax and Registration: Responsibilities for payment of registration fees, stamp duty, and taxes
9. Governing Law: Specification that the deed is governed by Pakistani law and Islamic principles
10. Attestation: Space for signatures of parties and witnesses as required by law
1. Conditions of Gift: Any lawful conditions attached to the gift (use when the gift is conditional)
2. Consent of Legal Heirs: Written consent of legal heirs (recommended in cases where family property is involved)
3. Power of Attorney: Details of attorney if any party is acting through representative
4. Islamic Declaration: Specific declarations regarding compliance with Islamic law (used when parties specifically request Islamic law compliance)
5. Survivorship Rights: Rights of surviving parties (used in case of multiple donors or donees)
6. Previous Agreements: Reference to any previous agreements or arrangements (if applicable)
1. Schedule A - Property Details: Detailed description of property including exact measurements, boundaries, and survey numbers
2. Schedule B - Property Documents: List of all title and property documents being handed over
3. Schedule C - Property Plans: Architectural plans, site maps, or property layout drawings
4. Schedule D - Encumbrances: List of any existing encumbrances, easements, or rights affecting the property
5. Appendix 1 - Legal Heirs' Consent: Signed consent forms from legal heirs if applicable
6. Appendix 2 - Previous Title Documents: Copies of previous ownership documents and chain of title
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