Gift Affidavit for Malaysia

Gift Affidavit Template for Malaysia

A Gift Affidavit under Malaysian law is a formal sworn declaration documenting the voluntary transfer of assets or property from one party to another without consideration. The document must comply with both Malaysia's civil law framework, primarily the Contracts Act 1950 and Statutory Declarations Act 1960, and where applicable, Islamic law requirements for hibah under the Islamic Law Administration Act. It serves as legal evidence of the gift transfer, detailing the parties involved, the gift's description, and the voluntary nature of the transfer, while being executed before a Commissioner for Oaths to ensure its validity.

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What is a Gift Affidavit?

A Gift Affidavit is a crucial legal document used in Malaysia when one party (donor) wishes to formally document the transfer of assets, property, or valuable items to another party (recipient) without receiving anything in return. This document is particularly important in the Malaysian legal context as it must address requirements under both civil and Islamic law systems, depending on the parties involved. The Gift Affidavit serves multiple purposes: it provides clear evidence of the gift transfer, helps prevent future disputes, and can be used for tax documentation or property registration purposes. The document typically includes detailed information about the donor and recipient, a comprehensive description of the gift, declarations about ownership and the voluntary nature of the transfer, and must be properly executed before a Commissioner for Oaths. It's commonly used in family wealth transfers, charitable donations, and property gifts, requiring careful attention to both federal and state-specific legal requirements.

What sections should be included in a Gift Affidavit?

1. Title and Declaration Statement: Formal title of the affidavit and opening declaration statement with affiant's details

2. Affiant Information: Full legal name, identification details, address, and capacity of the person making the affidavit (donor/giftor)

3. Recipient Information: Full legal name, identification details, and address of the gift recipient (donee)

4. Gift Description: Detailed description of the gift including its nature, value, and any identifying characteristics

5. Declaration of Ownership: Affirmation that the donor is the legal owner of the gift and has full right to transfer it

6. Voluntary Nature: Declaration that the gift is being made voluntarily, without coercion or undue influence

7. Transfer Details: Statement of when and how the gift was/will be transferred to the recipient

8. Verification Statement: Standard affidavit closing statement verifying that the contents are true

9. Execution Block: Space for affiant's signature, date, and commissioner for oaths' attestation

What sections are optional to include in a Gift Affidavit?

1. Islamic Law Compliance: Required when either party is Muslim, declaring compliance with Shariah requirements for hibah

2. Relationship Statement: Description of the relationship between donor and recipient, included when relevant to establishing context

3. Consideration Statement: Declaration that no consideration was received, included for clarity in jurisdictions where this is important

4. Conditional Terms: Include only if the gift has any conditions attached (noting that conditions may affect the validity of the gift)

5. Third Party Rights: Required when the gift might affect rights of third parties or requires third party consent

6. Tax Implications: Statement acknowledging awareness of tax implications, included for high-value gifts

7. Property Details: Required when gift involves real property, including detailed property description and title information

What schedules should be included in a Gift Affidavit?

1. Schedule A - Gift Description: Detailed inventory or description of gift items if too extensive for main document

2. Schedule B - Property Documents: Copies of property titles or relevant ownership documents for property gifts

3. Schedule C - Valuation Reports: Professional valuation reports for high-value gifts where relevant

4. Appendix 1 - Supporting Documents: Copies of relevant identification documents, ownership proofs, or other supporting materials

5. Appendix 2 - Photographs: Pictures of gift items where relevant for identification 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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Real Estate

Wealth Management

Financial Services

Private Banking

Islamic Finance

Estate Planning

Family Business

Non-Profit and Charitable Organizations

Education (for scholarships and endowments)

Relevant Teams

Legal

Wealth Management

Estate Planning

Property Management

Tax Advisory

Shariah Compliance

Trust Administration

Corporate Secretarial

Financial Advisory

Risk Management

Relevant Roles

Lawyer

Legal Counsel

Commissioner for Oaths

Wealth Manager

Estate Planner

Property Manager

Tax Advisor

Shariah Compliance Officer

Trust Officer

Family Office Manager

Philanthropy Advisor

Corporate Secretary

Notary Public

Real Estate Agent

Financial Advisor

Industries
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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