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Deed Of Gift Of Immovable Property

Deed Of Gift Of Immovable Property Template for Hong Kong

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Key Requirements PROMPT example:

Deed Of Gift Of Immovable Property

"I need a Deed of Gift of Immovable Property for transferring my three-bedroom apartment in Happy Valley, Hong Kong to my daughter, with completion planned for March 2025; the property is currently unencumbered and vacant."

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Document background
The Deed of Gift of Immovable Property is a crucial document in Hong Kong property law, commonly used in family wealth transfer planning and estate arrangements. It enables the transfer of real property without monetary consideration, typically between family members or for charitable purposes. The deed must comply with strict formal requirements under Hong Kong law, including proper execution, witnessing, and registration with the Land Registry. It's essential for property owners who wish to gift their property during their lifetime, rather than transferring it through a will. The document includes detailed property descriptions, warranties of title, and may contain conditions or reservations. Given the significant value of Hong Kong real estate and potential tax implications, professional legal advice is typically required when preparing and executing this deed.
Suggested Sections

1. Parties: Identifies and defines the Donor (person giving the property) and Donee (person receiving the property) with their full legal names and addresses

2. Background: Sets out the context of the gift, including the Donor's ownership of the property and intention to make the gift

3. Definitions: Defines key terms used throughout the deed, including 'Property', 'Transfer Date', and other relevant terms

4. Property Details: Specific description of the property being gifted, including the address, lot number, and registered title details

5. Gift: The operative clause that effects the transfer of the property from Donor to Donee

6. Donor's Warranties: Warranties given by the Donor regarding ownership, right to transfer, and absence of encumbrances

7. Registration and Costs: Provisions regarding Land Registry registration requirements and responsibility for associated costs

8. Execution: Formal execution block for signatures, including witness requirements

Optional Sections

1. Conditions Precedent: Used when the gift is subject to certain conditions being met before completion

2. Existing Tenancies: Required when the property is subject to existing tenancy agreements that will continue after the gift

3. Mortgages and Encumbrances: Included when there are existing mortgages or charges that need to be addressed

4. Tax Declarations: Additional declarations regarding stamp duty or tax implications, if relevant

5. Power of Attorney: Required if the deed includes appointment of attorney for completing registration or related matters

6. Family Arrangements: Used when the gift is part of broader family arrangements or estate planning

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the property, including lot numbers, boundary plans, and registered particulars

2. Schedule 2 - Title Documents: List of all relevant title documents and their registration particulars

3. Schedule 3 - Existing Encumbrances: Details of any existing mortgages, charges, or other encumbrances affecting the property

4. Appendix A - Property Plans: Floor plans, location plans, and other relevant property diagrams

5. Appendix B - Land Search: Recent land search results showing the current state of the title

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

Family Law

Private Banking

Trust Services

Property Development

Legal Services

Relevant Teams

Legal

Property Services

Private Wealth

Conveyancing

Corporate Secretarial

Compliance

Real Estate

Trust Administration

Relevant Roles

Property Lawyer

Conveyancing Solicitor

Legal Executive

Private Wealth Manager

Estate Planner

Property Manager

Trust Officer

Company Secretary

Real Estate Partner

Land Registry Officer

Property Valuation Specialist

Compliance Officer

Industries
Conveyancing and Property Ordinance (Cap. 219): Primary legislation governing property transactions in Hong Kong, including requirements for valid deeds and property transfers
Land Registration Ordinance (Cap. 128): Sets out requirements for registering property transactions and deeds at the Land Registry
Stamp Duty Ordinance (Cap. 117): Governs stamp duty requirements for property transactions, including gifts of immovable property
Age of Majority (Related Provisions) Ordinance (Cap. 410): Establishes the age of majority and capacity requirements for making legal dispositions of property
Mental Health Ordinance (Cap. 136): Relevant for assessing mental capacity of the donor to make a valid gift
Hong Kong Conveyancing and Property Ordinance (Legal Forms) Rules: Provides prescribed forms and requirements for property-related legal documents
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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