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Gift Deed For Property Transfer

Gift Deed For Property Transfer Template for Philippines

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Key Requirements PROMPT example:

Gift Deed For Property Transfer

"I need a Gift Deed for Property Transfer to donate my residential property in Manila to my daughter, with the transfer to take effect on March 15, 2025, and including a provision that allows me to continue living in the property until that date."

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Document background
The Gift Deed For Property Transfer is a crucial legal instrument in Philippine property law, used when an owner wishes to transfer real property to another person or entity without receiving payment or other consideration. This document is commonly used for family transfers, charitable donations, or estate planning purposes. It must comply with the Civil Code of the Philippines, the Property Registration Decree, and various tax regulations. The deed requires careful drafting to include essential elements such as the donor's clear intention to give, the donee's acceptance, and precise property details. It must be notarized and registered with appropriate government agencies, including the Register of Deeds and the Bureau of Internal Revenue, to ensure legal validity and proper transfer of title.
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 if relevant, and donor's ownership of the property

3. Definitions: Definition of key terms used in the deed including 'Property', 'Transfer Date', and other relevant terms

4. Property Details: Detailed description of the property being donated, including legal description, boundaries, and title information

5. Declaration of Gift: Clear statement of donor's intention to transfer property as a gift without any consideration

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

7. Warranties: Donor's warranties regarding ownership, right to transfer, and property condition

8. Transfer of Rights: Statement of complete transfer of all rights, titles, and interests in the property

9. Taxes and Expenses: Responsibility for transfer taxes, registration fees, and other related expenses

10. Registration and Transfer: Process and requirements for registering the transfer with relevant authorities

11. Governing Law: Statement that the deed is governed by Philippine law

12. Execution: Signing requirements, including witness and notarization provisions

Optional Sections

1. Conditions of Gift: Used when the gift is subject to specific conditions or restrictions

2. Spousal Consent: Required when the donor is married and the property is conjugal

3. Reservation of Rights: Used when donor wishes to retain certain rights during their lifetime

4. Family Home Provisions: Required when the property is a family home under Philippine law

5. Power of Attorney: Included when either party is acting through an attorney-in-fact

6. Revocation Terms: Used when specific grounds for revocation need to be outlined

7. Special Warranties: For properties with unique characteristics or encumbrances

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property, including lot number, boundaries, and area

2. Title Documents: Copy of the Transfer Certificate of Title or other proof of ownership

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

4. Property Photos: Recent photographs of the property and its boundaries

5. Location Plan: Surveyor's location plan or sketch of the property

6. Supporting Documents: List of required government clearances and certificates

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

Private Wealth Management

Legal Services

Property Development

Family Office Services

Tax Advisory

Notarial Services

Public Administration

Banking and Finance

Relevant Teams

Legal

Real Estate

Property Management

Wealth Management

Tax Advisory

Compliance

Documentation

Administrative Services

Land Registration

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Tax Advisor

Estate Planning Specialist

Wealth Manager

Property Developer

Notary Public

Land Registration Officer

Real Estate Administrator

Compliance Officer

Legal Documentation Specialist

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing donations (Articles 725-783), including requirements for validity, acceptance, revocation, and formal requirements for donation of immovable property
National Internal Revenue Code (NIRC): Covers donor's tax obligations and exemptions for property donations, including tax rates and filing requirements
Property Registration Decree (Presidential Decree No. 1529): Governs the registration of real property and transfers of title, including requirements for recording donations of real property
Local Government Code (Republic Act No. 7160): Specifies local government requirements for property transfers, including payment of transfer taxes and securing tax clearances
Family Code of the Philippines: Relevant for donations between family members, especially between spouses or involving conjugal property
Bureau of Internal Revenue (BIR) Regulations: Administrative requirements for documenting and reporting property donations, including BIR forms and certificates
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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