Flat Gift Deed Template for Pakistan

A Flat Gift Deed is a legal document used in Pakistan for the voluntary transfer of apartment/flat ownership without monetary consideration. This document, governed by Pakistani property law and Islamic principles, formally records the transfer of a flat from the donor to the donee. It must comply with the Transfer of Property Act 1882, Registration Act 1908, and relevant Islamic law provisions regarding gifts (Hiba). The deed includes detailed property descriptions, clear statements of the donor's intention, acceptance by the donee, and must be properly stamped and registered with local authorities to be legally valid.

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What is a Flat Gift Deed?

The Flat Gift Deed is a crucial legal instrument in Pakistani property law, commonly used when transferring apartment ownership between family members or for charitable purposes. This document becomes necessary when an owner wishes to transfer their flat without monetary consideration, often in cases of family settlements, inheritance planning, or charitable donations. The deed must conform to both Pakistani civil law and Islamic principles of Hiba (gift), requiring proper registration, stamping, and witnesses. Key elements include property details, donor's ownership proof, clear intent to gift, and donee's acceptance. The document's format and content are influenced by local property laws, the Transfer of Property Act, and Islamic jurisprudence, making it distinct from other property transfer documents.

What sections should be included in a Flat Gift Deed?

1. Parties: Details of the donor (gift-giver) and donee (gift-receiver), including their names, ages, relationships, and complete addresses

2. Background: Brief context about the ownership of the flat by the donor and the intention to gift it to the donee

3. Definitions: Definitions of key terms used in the deed including 'Property', 'Effective Date', 'Registration' etc.

4. Details of the Property: Comprehensive description of the flat including exact location, measurements, and boundaries

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

6. Possession and Rights: Statement regarding transfer of possession and all rights to the donee

7. Title and Ownership: Confirmation of the donor's clear title and right to gift the property

8. Legal Compliance: Declarations regarding compliance with relevant laws including Islamic law principles

9. Registration and Expenses: Details about registration requirements and responsibility for associated expenses

10. Execution: Space for signatures of the parties, witnesses, and notary public

What sections are optional to include in a Flat Gift Deed?

1. Conditional Terms: Used when the gift is subject to any specific conditions (though noting that under Islamic law, conditional gifts may be problematic)

2. Family Consent: Required when the property is ancestral or when family members' consent is needed under applicable laws

3. Outstanding Liabilities: Included when there are existing mortgages, liens, or other encumbrances that need to be addressed

4. Tax Declarations: Required when there are specific tax implications that need to be acknowledged

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

6. Previous Agreements: Required when there are previous agreements or arrangements that need to be referenced or superseded

What schedules should be included in a Flat Gift Deed?

1. Schedule A - Property Description: Detailed technical description of the flat including exact measurements, boundaries, and floor plan

2. Schedule B - Title Documents: List and copies of all relevant title documents proving the donor's ownership

3. Schedule C - Encumbrance Certificate: Recent encumbrance certificate showing the property is free from legal encumbrances

4. Schedule D - Property Tax Receipts: Copies of recent property tax receipts showing all dues are cleared

5. Schedule E - Building Approvals: Copies of relevant building approval certificates and completion 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

Jurisdiction

Pakistan

Publisher

Genie AI

Document Type

Gift Deed

Sector

Personal

Cost

Free to use

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