A Gift Affidavit is a crucial legal document used in Pakistan when one party wishes to formally document the transfer of property or assets to another party without receiving any consideration in return. This document is particularly important in contexts involving family settlements, charitable donations, or personal asset distribution. The affidavit must comply with both the Transfer of Property Act 1882 and, for Muslim parties, Islamic law principles regarding gifts (Hiba). It includes detailed information about the donor, donee, and the gifted property, along with specific declarations about ownership, voluntary transfer, and immediate possession (qabza). The document becomes especially relevant in situations requiring proof of gift transfer for tax purposes, property registration, or future legal reference. A properly executed Gift Affidavit helps prevent future disputes and provides clear evidence of the donor's intention and the completion of the gift transfer.
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1. Title and Declaration: States that this is a Gift Affidavit and includes the solemn affirmation statement
2. Deponent Details: Full identification and contact details of the person making the affidavit (donor)
3. Recipient Details: Full identification and contact details of the gift recipient (donee)
4. Property Description: Detailed description of the gift property being transferred
5. Ownership Declaration: Affirmation of legal ownership and right to transfer the property
6. Gift Declaration: Clear statement of intention to gift and voluntary nature of the transfer
7. Possession Confirmation: Declaration of transfer of possession (qabza) to the recipient
8. Free Consent: Declaration that the gift is made with free consent and without any coercion
9. Verification Clause: Standard verification clause stating the truth of the contents
10. Execution: Place for signature, date, and notary attestation
1. Consideration Statement: Statement confirming no consideration received (used when emphasizing the gratuitous nature of the transfer)
2. Islamic Law Compliance: Additional declarations regarding compliance with Islamic law principles (used when parties are Muslim)
3. Prior Gifts Declaration: Statement about any previous gifts to the same recipient (used in family arrangements)
4. Reversionary Rights: Any conditions about property returning to donor in specific circumstances (if applicable under local customs)
5. Tax Declarations: Statements regarding tax implications and compliance (used for high-value gifts)
6. Family Arrangement Details: Context of the gift within broader family arrangements (used in family settlements)
1. Property Details Schedule: Detailed technical description of the gifted property including boundaries, measurements, and registration details
2. Title Documents: List and copies of documents proving donor's ownership
3. Property Valuation: Independent valuation report or assessment of the gifted property
4. Identity Documents: Copies of identification documents of both donor and recipient
5. Previous Transfers: Details of chain of title or previous ownership transfers
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