A Gift Deed For Immovable Property is essential for documenting the voluntary transfer of real estate without monetary consideration in Pakistan. This document is commonly used for family transfers, charitable donations, or religious endowments. It must comply with both civil law (Transfer of Property Act 1882) and Islamic law principles, requiring registration with sub-registrar offices and payment of applicable stamp duty. The deed captures crucial details including property description, donor and donee information, transfer terms, and possession confirmation. It's particularly important for ensuring clear title transfer, preventing future disputes, and maintaining proper documentation for revenue records. The document's format and requirements vary slightly by province but must always meet federal legal standards and Islamic law requirements.
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1. Parties: Details of the Donor (person giving the property) and Donee (person receiving the property), including their full names, ages, occupations, and complete addresses
2. Background/Recitals: Brief context explaining the relationship between parties and the donor's ownership of the property
3. Definitions: Definitions of key terms used in the deed including 'Property', 'Effective Date', and other relevant terms
4. Details of Property: Comprehensive description of the immovable property being gifted, including its location, boundaries, and registration details
5. Declaration of Gift: Clear statement of the donor's intention to gift the property voluntarily and without consideration
6. Acceptance: Express acceptance of the gift by the donee
7. Possession and Transfer: Statement confirming the transfer of possession to the donee
8. Title and Ownership: Confirmation of the donor's clear title and right to gift the property
9. Rights and Interests: Description of all rights, interests, and privileges being transferred with the property
10. Representations and Warranties: Donor's warranties regarding property title, encumbrances, and legal authority to make the gift
11. Registration and Expenses: Provisions regarding registration of the deed and responsibility for associated expenses
12. Governing Law: Specification that the deed is governed by Pakistani law
13. Execution: Formal execution clause with space for signatures, witnesses, and attestation
1. Conditions of Gift: Used when the gift is subject to any specific conditions (noting that conditions must not violate the principles of Islamic law)
2. Multiple Owners/Donors: Required when the property is owned by multiple persons who are all gifting their shares
3. Mutation Rights: Additional clause specifically authorizing the donee to complete mutation in revenue records
4. Power of Attorney: Optional clause where donor grants power of attorney to complete registration/mutation processes
5. Previous Agreements: Required if there are any previous agreements or arrangements regarding the property that need to be addressed
6. Tax Implications: Section addressing tax considerations and responsibilities, if applicable
7. Family Settlement Details: Required when the gift is part of a larger family settlement or arrangement
1. Schedule A - Property Description: Detailed technical description of the property including exact measurements, boundaries, and any construction details
2. Schedule B - Property Documents: List of all title and property documents being handed over to the donee
3. Schedule C - Encumbrances: Details of any existing encumbrances, easements, or rights of way affecting the property
4. Schedule D - Previous Title Documents: Chain of title documents showing the donor's ownership history
5. Appendix 1 - Property Plans: Architectural plans, site maps, or property drawings if applicable
6. Appendix 2 - Photographs: Recent photographs of the property for identification purposes
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