The Property Donation Agreement is essential for documenting gratuitous transfers of property in Pakistan, whether for charitable, family, or institutional purposes. This document type is commonly used for family settlements, charitable endowments, and institutional donations, requiring compliance with both civil law (primarily the Transfer of Property Act, 1882) and Islamic law principles. The agreement serves multiple purposes: it evidences the donor's intention, describes the property in detail, confirms the transfer's gratuitous nature, and satisfies legal registration requirements. It's particularly important in Pakistan where property donations must navigate both modern legal requirements and traditional Islamic principles of Hiba. The document includes provisions for registration, possession transfer, and necessary attestations, while also addressing potential family claims and regulatory compliance.
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1. Parties: Identification and details of the Donor and Donee, including full names, addresses, and legal capacity
2. Background: Context of the donation, relationship between parties, and donor's intention to make the gift
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the property being donated, including location, dimensions, and registration details
5. Declaration of Gift: Clear statement of donation and transfer of ownership, confirming the gratuitous nature of the transfer
6. Possession and Delivery: Terms regarding the physical handover of the property and timing of possession
7. Representations and Warranties: Donor's declarations regarding property ownership, absence of encumbrances, and authority to make the gift
8. Registration and Costs: Provisions regarding registration of the deed and responsibility for associated costs
9. Governing Law: Confirmation that the agreement is governed by Pakistani law and Islamic principles
10. Execution: Signature blocks and attestation requirements
1. Conditions: Any conditions attached to the gift (if allowed under applicable law) - use when donor wishes to impose specific conditions
2. Reserved Rights: Any rights reserved by the donor - use when donor wishes to retain certain rights over the property
3. Tax Matters: Specific provisions regarding tax implications - use when significant tax considerations exist
4. Maintenance Obligations: Responsibilities for property maintenance - use for donations with delayed possession
5. Dispute Resolution: Specific dispute resolution mechanisms - use when parties want to specify arbitration or mediation
6. Power of Attorney: Authorization for registration procedures - use when donor cannot be present for registration
7. Family Consent: Consent of family members - use when donation involves ancestral or joint family property
1. Property Description Schedule: Detailed technical description of the property including boundaries, measurements, and construction details
2. Title Documents: List and copies of all relevant property ownership documents
3. Property Tax Records: Recent property tax receipts and assessment details
4. Property Plans: Architectural plans, site maps, and location plans
5. Encumbrance Certificate: Recent certificate showing any registered encumbrances on the property
6. Photographs: Recent photographs of the property for identification purposes
7. Valuation Report: Independent valuation of the property (if required for tax or regulatory purposes)
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