The Gift Sale Deed is a specialized legal instrument used in Saudi Arabia when transferring property ownership through a combination of gift and sale elements. This document type is particularly relevant when parties wish to execute a property transfer that honors both the Islamic principles of gift-giving (hiba) and the legal formalities of a sale transaction. The deed is commonly used in family transfers, estate planning, and charitable donations where a nominal consideration is included to strengthen the legal framework. It must comply with Saudi Arabian property laws, Islamic Sharia principles, and local registration requirements. The Gift Sale Deed includes detailed property descriptions, clear statements of transfer intention, and necessary warranties, making it essential for proper documentation and registration of such transfers in the Saudi legal system.
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1. Parties: Full identification of the Donor/Seller (Wahib) and Donee/Buyer (Mawhub Lahu), including their legal capacity and contact details
2. Background: Context of the gift sale transaction and relationship between parties
3. Definitions: Key terms used in the deed, including property-related terminology and Islamic law concepts
4. Property Description: Detailed description of the gifted property including location, boundaries, dimensions, and title deed details
5. Declaration of Gift: Clear statement of the donor's intention to gift the property and confirmation that it is made voluntarily without coercion
6. Consideration: Statement of any nominal amount or consideration being paid (if applicable)
7. Transfer of Ownership: Express confirmation of immediate and complete transfer of ownership rights to the donee
8. Possession: Confirmation of physical possession transfer and timing
9. Warranties: Donor's warranties regarding property ownership, absence of encumbrances, and right to transfer
10. Registration: Provisions for property registration and transfer of title in official records
11. Governing Law: Confirmation that the deed is governed by Saudi Law and Sharia principles
12. Execution: Signature requirements and witnessing provisions
1. Conditions: Any specific conditions attached to the gift (use when donor places legitimate conditions on the gift)
2. Third Party Rights: Provisions regarding any existing third party rights or interests (include if applicable)
3. Tax Provisions: Statements regarding tax implications and responsibilities (include for high-value properties)
4. Family Consent: Documentation of family members' consent (required if property is family inheritance or joint ownership)
5. Language: Provisions for dual language if document is in both Arabic and English (include for international parties)
6. Power of Attorney: Details of any power of attorney arrangements (include if representatives are acting for parties)
1. Property Details Schedule: Detailed technical description of the property including plans, measurements, and boundaries
2. Title Documents: Copies of original title deeds and ownership documents
3. Property Photographs: Recent photographs of the property for identification purposes
4. Identity Documents: Copies of parties' identification documents and capacity proof
5. Municipality Certificates: Relevant certificates from local authorities regarding property status
6. Consent Documents: Any required third-party or authority consents
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