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Deed Of Gift Of Land

Deed Of Gift Of Land Template for Philippines

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Key Requirements PROMPT example:

Deed Of Gift Of Land

"I need a Deed of Gift of Land to transfer my 500-square-meter residential property in Cebu to my daughter, with the condition that she cannot sell the property for 10 years, and I want this to take effect on March 15, 2025."

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Document background
A Deed of Gift of Land is a crucial legal instrument in Philippine property law used when an owner wishes to transfer land ownership 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 strictly comply with Philippine legal requirements, including those set forth in the Civil Code of the Philippines and the Property Registration Decree. It requires detailed property descriptions, clear expression of donation intent, formal acceptance, and proper execution before a notary public. The document must also address tax implications, particularly donor's tax, and must be registered with the Register of Deeds to effect the transfer of title. Special considerations apply when the property is conjugal, requiring spousal consent, or when the donor wishes to impose conditions on the gift.
Suggested Sections

1. Parties: Identifies and provides complete details of the Donor and Donee, including their legal capacities

2. Background: States the Donor's ownership of the property and intention to make the gift

3. Definitions: Defines key terms used throughout the deed

4. Property Details: Detailed description of the land being donated, including lot number, survey details, and boundaries as per technical description

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

6. Acceptance: Express acceptance of the gift by the Donee

7. Transfer of Rights: Details of all rights, titles, and interests being transferred to the Donee

8. Warranties: Donor's warranties regarding ownership, authority to donate, and freedom from encumbrances

9. Tax Provisions: Statements regarding responsibility for donor's tax and other applicable taxes

10. Registration and Transfer: Provisions for the registration of the transfer with relevant authorities

11. Execution: Formal execution block including notarization requirements

Optional Sections

1. Conditions: Used when the gift is subject to specific conditions or obligations imposed by the Donor

2. Reservation of Rights: Used when the Donor wishes to retain certain rights over the property during their lifetime

3. Prohibition on Alienation: Used when the Donor wishes to restrict the Donee's right to sell or transfer the property

4. Special Powers of Attorney: Used when representatives are appointed to handle registration and transfer processes

5. Marital Consent: Required when the Donor is married, to comply with conjugal property rules

6. Successor Provisions: Used when specifying rules about inheritance or subsequent transfers of the property

Suggested Schedules

1. Technical Description: Detailed technical description of the land as per official survey

2. Title Documents: Copy of the Transfer Certificate of Title or Original Certificate of Title

3. Tax Declarations: Current tax declarations and receipts for the property

4. Property Location Plan: Survey plan or sketch showing the location and boundaries of the property

5. Special Power of Attorney: If applicable, document authorizing representatives to act on behalf of parties

6. Marriage Certificate: If applicable, proof of marriage status for conjugal property compliance

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

Public Notary Services

Government and Public Sector

Agriculture (for agricultural land)

Property Development

Estate Planning

Non-Profit Organizations

Education (for institutional donations)

Religious Organizations

Relevant Teams

Legal

Real Estate

Property Administration

Compliance

Documentation

Tax

Corporate Secretariat

Land Registration

Title Processing

Records Management

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Notary Public

Land Registration Officer

Estate Planning Attorney

Real Estate Paralegal

Property Administrator

Tax Consultant

Title Examiner

Legal Documentation Specialist

Real Estate Consultant

Compliance Officer

Land Surveyor

Corporate Secretary

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing donations (Articles 725-773), including requirements for validity, acceptance, and revocation of gifts. Also covers general provisions on property ownership and transfer.
Property Registration Decree (Presidential Decree No. 1529): Governs the registration of real property and land titles in the Philippines, including the requirements for recording property transfers and updating titles.
National Internal Revenue Code (Tax Code): Contains provisions on donor's tax and documentary stamp tax applicable to property donations, including tax rates and exemptions.
Local Government Code (Republic Act No. 7160): Provides regulations on local real property taxation and transfer requirements that may affect the gift of land.
Land Registration Authority (LRA) Regulations: Administrative rules and requirements for processing and registering land transfers, including specific forms and procedures for gifts of real property.
Notarial Law of 2004 (Republic Act No. 2103): Governs the requirements for notarization of documents, which is mandatory for deeds of donation involving real property in the Philippines.
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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