The Deed of Gift Form for Property is a crucial legal instrument in Philippine property law, used when an owner wishes to transfer real property to another party without receiving payment or other consideration. This document is commonly used for family transfers, charitable donations, or estate planning purposes. The deed must comply with the Civil Code of the Philippines, Property Registration Decree, and local government regulations. It requires careful preparation to ensure all legal requirements are met, including proper identification of parties, accurate property description, clear expression of donative intent, and proper execution formalities. The document must address tax implications, registration requirements, and any conditions or restrictions attached to the gift. Special considerations apply when the donor is married or when the property is subject to existing encumbrances.
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1. Parties: Identification of the Donor and Donee with complete names, civil status, citizenship, and addresses
2. Background: Context of the gift, relationship between parties, and donor's ownership of the property
3. Definitions: Key terms used in the deed including 'Property', 'Transfer Date', and other relevant definitions
4. Property Description: Detailed description of the property being donated, including lot number, title details, boundaries, and location
5. Declaration of Gift: Clear and explicit statement of the donor's intention to transfer the property as a gift
6. Acceptance: Formal acceptance of the gift by the donee
7. Warranties and Representations: Donor's warranties regarding ownership, authority to donate, and property condition
8. Transfer Provisions: Terms of actual transfer including timing and registration requirements
9. Execution Requirements: Formal requirements for deed execution including notarization and witness provisions
1. Conditions and Restrictions: Any conditions attached to the gift or restrictions on property use, if applicable
2. Spousal Consent: Required if the donor is married and the property is conjugal or community property
3. Retention of Rights: Any rights retained by the donor, such as usufruct or right to occupy
4. Tax Provisions: Specifications about who will handle donor's tax and transfer tax obligations
5. Revocation Clauses: Conditions under which the gift may be revoked, if any
6. Special Instructions: Any specific instructions regarding property management or use
1. Property Title: Copy of the property title and technical description
2. Property Tax Declarations: Current tax declarations and certificates
3. Property Survey: Recent survey plan and technical description
4. Photos and Documentation: Recent photographs of the property and relevant documentation
5. Required Permits: Local government clearances and permits required for transfer
6. Tax Certificates: Tax clearances and certificates required for property transfer
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