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Flat Gift Deed

Flat Gift Deed Template for Pakistan

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Key Requirements PROMPT example:

Flat Gift Deed

"I need a Flat Gift Deed to transfer my 3-bedroom apartment in Gulberg, Lahore to my daughter on her wedding day in March 2025; the property is free from encumbrances and I want to include a clause about maintaining it as a family residence."

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Document background
The Flat Gift Deed is a crucial legal instrument in Pakistani property law, commonly used when transferring apartment ownership between family members or for charitable purposes. This document becomes necessary when an owner wishes to transfer their flat without monetary consideration, often in cases of family settlements, inheritance planning, or charitable donations. The deed must conform to both Pakistani civil law and Islamic principles of Hiba (gift), requiring proper registration, stamping, and witnesses. Key elements include property details, donor's ownership proof, clear intent to gift, and donee's acceptance. The document's format and content are influenced by local property laws, the Transfer of Property Act, and Islamic jurisprudence, making it distinct from other property transfer documents.
Suggested Sections

1. Parties: Details of the donor (gift-giver) and donee (gift-receiver), including their names, ages, relationships, and complete addresses

2. Background: Brief context about the ownership of the flat by the donor and the intention to gift it to the donee

3. Definitions: Definitions of key terms used in the deed including 'Property', 'Effective Date', 'Registration' etc.

4. Details of the Property: Comprehensive description of the flat including exact location, measurements, and boundaries

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

6. Possession and Rights: Statement regarding transfer of possession and all rights to the donee

7. Title and Ownership: Confirmation of the donor's clear title and right to gift the property

8. Legal Compliance: Declarations regarding compliance with relevant laws including Islamic law principles

9. Registration and Expenses: Details about registration requirements and responsibility for associated expenses

10. Execution: Space for signatures of the parties, witnesses, and notary public

Optional Sections

1. Conditional Terms: Used when the gift is subject to any specific conditions (though noting that under Islamic law, conditional gifts may be problematic)

2. Family Consent: Required when the property is ancestral or when family members' consent is needed under applicable laws

3. Outstanding Liabilities: Included when there are existing mortgages, liens, or other encumbrances that need to be addressed

4. Tax Declarations: Required when there are specific tax implications that need to be acknowledged

5. Power of Attorney: Included when either party is acting through an attorney

6. Previous Agreements: Required when there are previous agreements or arrangements that need to be referenced or superseded

Suggested Schedules

1. Schedule A - Property Description: Detailed technical description of the flat including exact measurements, boundaries, and floor plan

2. Schedule B - Title Documents: List and copies of all relevant title documents proving the donor's ownership

3. Schedule C - Encumbrance Certificate: Recent encumbrance certificate showing the property is free from legal encumbrances

4. Schedule D - Property Tax Receipts: Copies of recent property tax receipts showing all dues are cleared

5. Schedule E - Building Approvals: Copies of relevant building approval certificates and completion certificates

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
Clauses
Identification of Parties
Property Description
Gift Declaration
Ownership Rights
Transfer of Possession
Title Warranty
Legal Compliance
Islamic Law Compliance
Registration Requirements
Property Condition
Encumbrances
Previous Transfers
Tax Compliance
Utilities and Services
Building Regulations
Common Areas
Maintenance Obligations
Execution and Witnessing
Force Majeure
Governing Law
Dispute Resolution
Severability
Property History
Family Consent
Acceptance of Gift
Property Handover
Documentation Requirements
Relevant Industries

Real Estate

Legal Services

Financial Services

Construction

Property Development

Banking

Property Management

Public Sector

Urban Development

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Documentation

Registration

Advisory

Islamic Finance

Asset Management

Relevant Roles

Legal Counsel

Property Lawyer

Real Estate Manager

Property Registration Officer

Compliance Officer

Real Estate Agent

Property Valuation Expert

Title Officer

Document Controller

Legal Administrator

Property Tax Consultant

Islamic Law Advisor

Industries
Transfer of Property Act, 1882: Primary legislation governing the transfer of property in Pakistan, particularly Section 122 which specifically deals with gifts of immovable property
Registration Act, 1908: Mandates the registration of property documents and prescribes the procedure for registration of gift deeds
Stamp Act, 1899: Determines the stamp duty payable on property documents including gift deeds
Islamic Law (Various provisions): Governs the Islamic principles of Hiba (gift) and ensures compliance with Islamic requirements for property transfer
Local Property Laws: Specific regulations governing property transfer in the relevant city/region where the flat is located
Urban Rent Restriction Ordinance: May be relevant if the flat is subject to any rental restrictions or regulations
Income Tax Ordinance, 2001: Relevant for tax implications and reporting requirements related to gift transactions of immovable property
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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