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Land Gift Deed

Land Gift Deed Template for Indonesia

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Key Requirements PROMPT example:

Land Gift Deed

"I need a Land Gift Deed to transfer my agricultural land in Bali to my eldest son, which includes specific conditions about maintaining the property's current farming use and requires spousal consent as it's matrimonial property."

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Document background
The Land Gift Deed (Akta Hibah Tanah) is a crucial legal instrument in Indonesian property law, used when an owner wishes to transfer land ownership to another party without monetary compensation. This document is commonly used for family transfers, charitable donations, or institutional gifts. It must be prepared by a licensed Land Deed Official (PPAT) and comply with the Basic Agrarian Law No. 5 of 1960 and related regulations. The deed includes comprehensive details about the land, parties involved, and conditions of the gift, ensuring legal protection for both donor and recipient. Registration with the National Land Office is mandatory for the transfer to take legal effect. The document is particularly important in Indonesia's legal system, where land transfers must follow strict formal requirements to be legally valid.
Suggested Sections

1. Parties: Identification of the donor (pemberi hibah) and donee (penerima hibah) with complete legal names, ID numbers, addresses, and legal capacity

2. Background: Context of the gift, relationship between parties, and donor's ownership history of the land

3. Definitions: Key terms used in the deed including property terminology and legal references

4. Object of Gift: Detailed description of the land being gifted, including certificate number, location, boundaries, and size

5. Declaration of Gift: Formal statement of the donor's intention to gift and the donee's acceptance

6. Rights and Obligations: Transfer of rights, responsibilities, and obligations related to the land

7. Warranties: Donor's declarations regarding land ownership, absence of disputes, and authority to transfer

8. Transfer of Title: Specifics about the transfer of legal ownership and possession

9. Registration Requirements: Procedures and requirements for registering the transfer with the National Land Office

10. Governing Law: Confirmation that the deed is governed by Indonesian law

11. Execution: Formal execution clause and notarial closing statements

Optional Sections

1. Conditions Precedent: Include when the gift is subject to certain conditions being met before transfer

2. Existing Encumbrances: Include when the land has existing mortgages, liens, or other encumbrances

3. Tax Obligations: Include when specific tax arrangements or obligations need to be documented

4. Power of Attorney: Include when either party is represented by an attorney-in-fact

5. Consent of Spouse: Include when the donor is married and the land is matrimonial property

6. Future Development Restrictions: Include when the donor wishes to impose restrictions on future land use

7. Revocation Conditions: Include when specific circumstances for gift revocation need to be documented

Suggested Schedules

1. Land Certificate: Copy of the original land certificate and ownership documentation

2. Property Tax Documents: Recent property tax payments and certificates

3. Land Maps: Official survey maps and land boundary documentation

4. Identity Documents: Copies of parties' identity cards and family cards

5. Power of Attorney: If applicable, power of attorney documentation

6. Spousal Consent Document: If applicable, written consent from donor's spouse

7. Tax Valuation Report: Official valuation for tax purposes

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 | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Deed
Donor
Donee
Gift
Land
Property
Certificate of Title
PPAT
National Land Office
Land Book
Right of Ownership (Hak Milik)
Building Rights Title (Hak Guna Bangunan)
Cultivation Rights Title (Hak Guna Usaha)
Land Registration
Transfer of Rights
Encumbrances
Property Tax (PBB)
Land and Building Rights Transfer Duty (BPHTB)
Matrimonial Property
Boundaries
Site Plan
Land Use
Registered Owner
Consent
Witnesses
Force Majeure
Effective Date
Registration Date
Deed Registration Number
Legal Representative
Clauses
Identification of Parties
Object of Gift
Title and Ownership
Declaration of Gift
Acceptance of Gift
Transfer of Rights
Property Description
Boundaries and Measurements
Warranties and Representations
Prior Encumbrances
Registration Requirements
Tax Obligations
Consent and Approval
Handover of Property
Rights and Responsibilities
Governing Law
Force Majeure
Notarial Attestation
Dispute Resolution
Revocation Conditions
Matrimonial Property Declaration
Land Use Restrictions
Environmental Compliance
Property Tax Status
Power of Attorney
Witness Statements
Relevant Industries

Real Estate

Property Development

Agriculture

Urban Planning

Construction

Religious Institutions

Education

Healthcare

Non-Profit Organizations

Family Business

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Administrative

Land Registry

Asset Management

Corporate Secretariat

Documentation

Risk Management

Relevant Roles

Land Deed Official (PPAT)

Notary Public

Property Lawyer

Real Estate Manager

Legal Counsel

Property Rights Specialist

Land Registration Officer

Estate Planning Advisor

Property Administrator

Compliance Officer

Land Title Officer

Asset Manager

Industries
Basic Agrarian Law No. 5 of 1960 (Undang-Undang Pokok Agraria): The fundamental law governing land rights and land administration in Indonesia, establishing the basic principles for land ownership and transfer
Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata): Articles 1666-1693 specifically govern gifts (hibah) including requirements for validity, revocation conditions, and legal procedures
Government Regulation No. 24 of 1997: Regulates land registration procedures and requirements for transferring land rights, including through gifts
Law No. 2 of 2014 on Notary Position: Governs the authority and procedures for notaries in preparing and executing land gift deeds
Head of National Land Agency Regulation No. 8 of 2012: Provides detailed procedures for land registration and title transfer, including specific requirements for gift deeds
Minister of Agrarian Affairs Regulation No. 3 of 1997: Implementation guidelines for Government Regulation No. 24 of 1997, detailing technical aspects of land registration and transfer
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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