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.
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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
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
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
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