DEED OF GIFT (PROPERTY TRANSFER)
THIS DEED OF GIFT is made on [Date],
BETWEEN:
[Donor Name], of [Donor Address] (hereinafter referred to as the "Donor")
AND
[Recipient Name], of [Recipient Address] (hereinafter referred to as the "Recipient").
RECITALS
WHEREAS:
A. The Donor is the sole legal owner of the property described below.
B. The Donor wishes to voluntarily and irrevocably gift the property to the Recipient without any consideration.
C. The Recipient wishes to accept the gift of the property on the terms set out in this Deed.
NOW THIS DEED WITNESSES as follows:
1. DEFINITIONS
1.1 "Property" means the following real property:
- Address: [Property Address]
- Legal Description: [Legal Description/Title Reference]
- Additional Details: [Additional Property Details, if any]
2. GIFT AND TRANSFER
2.1 The Donor hereby voluntarily and irrevocably gifts, transfers, and assigns all legal and beneficial title and interest in the Property to the Recipient.
2.2 The Donor warrants that the Property is free from all encumbrances, liens, charges, and claims except as disclosed in [Details of Encumbrances, if any; otherwise insert "none"].
3. ACCEPTANCE
3.1 The Recipient hereby accepts the gift of the Property from the Donor.
4. WARRANTIES AND REPRESENTATIONS
4.1 The Donor warrants that:
- The Donor is the sole legal and beneficial owner of the Property.
- The Donor has full power and authority to gift the Property.
- The Property is not subject to any undisclosed encumbrances, claims, or disputes.
4.2 The Donor makes no other warranties, express or implied, except as expressly stated in this Deed.
5. POSSESSION AND RISK
5.1 Possession and risk in the Property shall pass to the Recipient on the date of this Deed or such other date as the parties may agree in writing: [Effective Date of Possession, if different].
6. COSTS AND TAXES
6.1 The parties agree as follows regarding costs and taxes:
- [Specify which party is responsible for legal fees, stamp duty, transfer taxes, and other costs, e.g., "Each party shall bear their own legal costs. The Recipient shall be responsible for all transfer taxes and registration fees."]
7. FURTHER ASSURANCE
7.1 Each party shall promptly execute and deliver all documents and do all acts reasonably required to give effect to this Deed and to complete the transfer of the Property.
8. GOVERNING LAW
8.1 This Deed shall be governed by and construed in accordance with the laws of [Governing Law State/Country].
9. ENTIRE AGREEMENT
9.1 This Deed constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior understandings, whether written or oral.
10. AMENDMENT
10.1 Any amendment to this Deed must be in writing and signed by both parties.
11. SEVERABILITY
11.1 If any provision of this Deed is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12. EXECUTION
12.1 This Deed is executed as a deed and is delivered and takes effect on the date stated at the beginning of this document.
SIGNATURES
SIGNED AS A DEED by the Donor:
Signature: ___________________________
Name: [Donor Name]
Date: [Date]
In the presence of:
Witness Signature: ____________________
Witness Name: [Witness Name]
Witness Address: [Witness Address]
Date: [Date]
SIGNED AS A DEED by the Recipient:
Signature: ___________________________
Name: [Recipient Name]
Date: [Date]
In the presence of:
Witness Signature: ____________________
Witness Name: [Witness Name]
Witness Address: [Witness Address]
Date: [Date]
Disclaimer
This document is a template and may not be suitable for all situations. The parties should consult with legal counsel before signing this agreement.