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Deed Of Gift Form For Property

Deed Of Gift Form For Property Template for Philippines

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Key Requirements PROMPT example:

Deed Of Gift Form For Property

"I need a Deed of Gift Form for Property under Philippine law to transfer my residential property in Manila to my daughter, with a condition that my wife retains living rights until March 2025, and the document must include provisions for property tax handling."

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Document background
The Deed of Gift Form for Property is a crucial legal instrument in Philippine property law, used when an owner wishes to transfer real property to another party without receiving payment or other consideration. This document is commonly used for family transfers, charitable donations, or estate planning purposes. The deed must comply with the Civil Code of the Philippines, Property Registration Decree, and local government regulations. It requires careful preparation to ensure all legal requirements are met, including proper identification of parties, accurate property description, clear expression of donative intent, and proper execution formalities. The document must address tax implications, registration requirements, and any conditions or restrictions attached to the gift. Special considerations apply when the donor is married or when the property is subject to existing encumbrances.
Suggested Sections

1. Parties: Identification of the Donor and Donee with complete names, civil status, citizenship, and addresses

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

3. Definitions: Key terms used in the deed including 'Property', 'Transfer Date', and other relevant definitions

4. Property Description: Detailed description of the property being donated, including lot number, title details, boundaries, and location

5. Declaration of Gift: Clear and explicit statement of the donor's intention to transfer the property as a gift

6. Acceptance: Formal acceptance of the gift by the donee

7. Warranties and Representations: Donor's warranties regarding ownership, authority to donate, and property condition

8. Transfer Provisions: Terms of actual transfer including timing and registration requirements

9. Execution Requirements: Formal requirements for deed execution including notarization and witness provisions

Optional Sections

1. Conditions and Restrictions: Any conditions attached to the gift or restrictions on property use, if applicable

2. Spousal Consent: Required if the donor is married and the property is conjugal or community property

3. Retention of Rights: Any rights retained by the donor, such as usufruct or right to occupy

4. Tax Provisions: Specifications about who will handle donor's tax and transfer tax obligations

5. Revocation Clauses: Conditions under which the gift may be revoked, if any

6. Special Instructions: Any specific instructions regarding property management or use

Suggested Schedules

1. Property Title: Copy of the property title and technical description

2. Property Tax Declarations: Current tax declarations and certificates

3. Property Survey: Recent survey plan and technical description

4. Photos and Documentation: Recent photographs of the property and relevant documentation

5. Required Permits: Local government clearances and permits required for transfer

6. Tax Certificates: Tax clearances and certificates required for property transfer

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 Industries

Real Estate

Legal Services

Wealth Management

Property Development

Financial Services

Public Sector

Non-Profit Organizations

Family Office Services

Relevant Teams

Legal

Real Estate

Property Administration

Wealth Management

Compliance

Corporate Secretariat

Tax Advisory

Document Management

Relevant Roles

Real Estate Lawyer

Property Manager

Estate Planning Attorney

Wealth Manager

Legal Counsel

Property Administrator

Notary Public

Title Officer

Real Estate Administrator

Corporate Secretary

Tax Advisor

Compliance Officer

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary legislation governing donations (Articles 725-773), including requirements for validity, acceptance, revocation, and limitations of gifts
Property Registration Decree (Presidential Decree No. 1529): Regulates the registration of real property and provides the system for property transfer recording in the Philippines
National Internal Revenue Code (NIRC): Contains provisions on donor's tax and other tax implications related to property donations
Family Code of the Philippines (Executive Order No. 209): Relevant for married donors as spousal consent may be required for property donations, and contains provisions on family relations affecting property disposition
Local Government Code (Republic Act No. 7160): Provides requirements for local government permits and clearances needed for property transfers
Rule 132 of the Rules of Court: Sets forth requirements for notarization and authentication of documents, including deeds of donation
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