Deed Of Gift Form Template for Malaysia

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Key Requirements PROMPT example:

Deed Of Gift Form

"I need a Malaysian Deed of Gift Form to transfer my residential property in Penang to my daughter, with the transfer to take effect from March 15, 2025; I want to ensure the deed includes all necessary provisions for property registration with the Land Office."

Document background
The Deed of Gift Form is a crucial legal instrument in Malaysian property and asset transfer law, used when one party wishes to voluntarily transfer ownership of property or assets to another without receiving anything in return. This document type is particularly relevant in family arrangements, charitable donations, and estate planning. The deed must comply with Malaysian legal requirements, including the National Land Code 1965 for immovable property, the Contracts Act 1950, and where applicable, Islamic law principles for Muslim parties. A properly executed Deed of Gift Form provides clear evidence of the transfer, protects both parties' interests, and helps prevent future disputes. The document is commonly used in various contexts, from simple personal gifts to complex charitable donations or family wealth transfers, and must be properly stamped under the Stamp Act 1949 to be admissible in Malaysian courts.
Suggested Sections

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

2. Background: Brief context explaining the relationship between parties and the donor's intention to make the gift

3. Definitions: Defines key terms used throughout the deed for clarity and legal certainty

4. Subject Matter of Gift: Detailed description of the property or item being gifted

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

6. Delivery and Transfer: Specifics of how and when the gift will be delivered or transferred to the donee

7. Donor's Warranties: Warranties that the donor has the right to give the gift and that it is free from encumbrances

8. Execution: Formal execution clause including witness requirements and attestation

Optional Sections

1. Islamic Law Compliance: Required when either party is Muslim, ensuring compliance with Shariah requirements for hibah

2. Conditions of Gift: Used when the gift is subject to specific conditions (noting that conditions must not defeat the nature of the gift)

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

4. Consent of Spouse: Required for gifts of matrimonial property

5. Tax Declarations: Additional section addressing tax implications and responsibilities when required

6. Reversionary Interest: Used when the donor wishes to specify what happens to the gift in certain circumstances

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the gifted property, including title details for real property or specific descriptions for personal property

2. Schedule 2 - Supporting Documents: List and copies of relevant supporting documents (e.g., title deeds, valuations)

3. Schedule 3 - Special Conditions: If applicable, detailed listing of any conditions attached to the gift

4. Appendix A - Property Photos/Plans: For real property or valuable items, photographs or plans identifying the gift

5. Appendix B - Valuation Report: Independent valuation of the gifted property when required

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

Relevant Industries

Real Estate

Banking and Financial Services

Legal Services

Non-Profit and Charitable Organizations

Education

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Religious Institutions

Family Offices

Wealth Management

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Relevant Teams

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Real Estate

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Corporate Secretarial

Property Administration

Estate Planning

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Relevant Roles

Legal Counsel

Property Lawyer

Estate Planning Attorney

Shariah Legal Advisor

Wealth Manager

Trust Officer

Property Manager

Compliance Officer

Legal Administrator

Corporate Secretary

Real Estate Manager

Charity Administrator

Family Office Manager

Asset Manager

Industries
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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