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Deed Of Gift Document

Deed Of Gift Document Template for Malaysia

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Key Requirements PROMPT example:

Deed Of Gift Document

"I need a Deed of Gift Document to transfer ownership of my ancestral jewelry collection to my daughter, which includes items detailed in a professional valuation report dated January 15, 2025, and I want to include specific conditions about keeping the collection intact."

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The Deed of Gift Document is a crucial legal instrument in Malaysian jurisprudence, used to formalize and document the voluntary transfer of property or assets without consideration. It is commonly used in family arrangements, charitable donations, estate planning, and corporate gifting scenarios. The document must comply with Malaysian legal requirements, including the Contracts Act 1950 and the Stamp Act 1949, and requires proper execution, witnessing, and stamping to be legally effective. For real property transfers, it must also align with the National Land Code 1965. When used by Muslim parties, the deed must incorporate Islamic law principles regarding gifts (hibah). The document typically includes comprehensive details about the gifted property, any conditions attached to the gift, and necessary warranties from the donor regarding ownership and transfer rights.
Suggested Sections

1. Parties: Identifies and defines the Donor (person giving the gift) and the Donee (person receiving the gift), including their full names, identification numbers, and addresses

2. Background: Sets out the context of the gift, relationship between parties if relevant, and confirmation that the Donor wishes to make the gift

3. Definitions: Defines key terms used throughout the deed

4. Gift: Clear statement of the gift being made and transfer of ownership

5. Declaration: Formal declaration by the Donor of their intention to make the gift and transfer ownership

6. Donor's Warranties: Confirms Donor's ownership of the gift, right to transfer, and that the property is free from encumbrances

7. Delivery and Transfer: Details how and when the gift will be delivered or transferred to the Donee

8. Acknowledgment: Donee's acceptance of the gift and acknowledgment of receipt

9. Execution: Formal execution clause meeting the requirements of a deed, including witnessing requirements

Optional Sections

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

2. Reservation of Rights: Used when the Donor wishes to retain certain rights over the gifted property

3. Tax Declarations: Used when specific tax implications need to be addressed or acknowledged

4. Islamic Law Compliance: Required when the Donor is Muslim and the gift needs to comply with Shariah principles

5. Power of Attorney: Required when the deed is being executed through an attorney

6. Governing Law and Jurisdiction: While Malaysian law is implied, this section is used when specific jurisdictional choices need to be made explicit

Suggested Schedules

1. Schedule 1 - Description of the Gift: Detailed description of the gifted property, including any identifying features, registration numbers, or specifications

2. Schedule 2 - Title Documents: List and copies of relevant title documents for the gifted property

3. Schedule 3 - Conditions: Detailed listing of any conditions attached to the gift

4. Appendix A - Supporting Documents: Copies of relevant supporting documents such as valuation reports or property certificates

5. Appendix B - Powers of Attorney: If applicable, copies of any powers of attorney relevant to the execution of the deed

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

Banking and Financial Services

Non-Profit and Charity

Education

Healthcare

Family Services

Religious Organizations

Wealth Management

Legal Services

Private Client Services

Relevant Teams

Legal

Compliance

Corporate Secretarial

Wealth Management

Property Administration

Trust Administration

Estate Planning

Private Client Services

Conveyancing

Islamic Banking

Relevant Roles

Legal Counsel

Estate Planning Lawyer

Property Lawyer

Corporate Secretary

Wealth Manager

Trust Officer

Compliance Officer

Legal Executive

Conveyancing Executive

Commissioner for Oaths

Notary Public

Property Manager

Estate Administrator

Financial Advisor

Islamic Law Advisor

Industries
Contracts Act 1950: Governs the basic principles of contract formation, including the requirements for a valid contract and the principles of consideration (though consideration is not required for a deed)
National Land Code 1965: Crucial if the gift involves immovable property/land, governing the transfer and registration of land rights in Peninsular Malaysia
Stamp Act 1949: Regulates the stamp duty payable on instruments including deeds of gift, making them admissible in court
Powers of Attorney Act 1949: Relevant if the deed is to be executed by an attorney on behalf of the donor
Age of Majority Act 1971: Determines the legal age (18 years) at which a person can execute a deed
Islamic Law (for Muslims): If the donor is Muslim, Islamic law principles regarding gifts (hibah) must be considered alongside civil law
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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