The Gift Deed For Immovable Property is a crucial legal instrument in Hong Kong's property law framework, typically used in family arrangements, estate planning, or charitable donations. This document is essential when transferring property ownership without sale consideration, such as parents gifting property to children or transfers between family members. The deed must comply with Hong Kong's legal requirements, including proper execution, stamping, and registration with the Land Registry. It contains vital information about the property, parties involved, and explicit declarations of the gift's voluntary nature. Special attention must be paid to stamp duty implications and proper legal procedures to ensure the transfer's validity under Hong Kong law.
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1. Parties: Identification of the Donor (person giving the property) and Donee (person receiving the property), including their full names, addresses, and HKID/passport numbers
2. Background: Context of the gift, relationship between parties, and brief description of the property being transferred
3. Definitions: Definitions of key terms used throughout the deed
4. Property Details: Comprehensive description of the property including lot number, address, and registered details as per Hong Kong Land Registry
5. Declaration of Gift: Clear statement of the donor's intention to gift the property absolutely and irrevocably to the donee
6. Consideration: Statement confirming this is a deed of gift without monetary consideration
7. Donor's Warranties: Warranties regarding ownership, right to transfer, and property condition
8. Transfer of Title: Terms of actual transfer and timing of transfer completion
9. Registration and Costs: Provisions regarding property registration and responsibility for associated costs
10. Execution: Formal execution clause meeting Hong Kong's legal requirements for deeds
1. Existing Encumbrances: Details of any existing mortgages, charges, or encumbrances affecting the property - include if applicable
2. Special Conditions: Any special conditions attached to the gift - include if donor wishes to impose specific conditions
3. Tax Declarations: Specific declarations regarding stamp duty or other tax matters - include if tax implications need to be addressed
4. Power of Attorney: Authorization for specific actions - include if any party is acting through an attorney
5. Possession and Keys: Details about handover of physical possession - include if immediate physical transfer is involved
6. Governing Law and Jurisdiction: While Hong Kong law is implied, include if explicit confirmation is desired
1. Property Schedule: Detailed property description including boundary plans, floor plans, and exact measurements
2. Title Documents: List of all relevant title documents and their particulars
3. Inventory: List of any fixtures and fittings included in the gift, if applicable
4. Land Search Results: Recent land search results showing current ownership and encumbrances
5. Property Photographs: Recent photographs of the property for identification purposes
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