Are you looking for the process of requesting gifted property registration in Dubai? This article is your go-to resource for understanding the intricacies of this essential legal procedure. We’ll walk you through the steps, requirements, and key insights you need to register a gifted property in Dubai successfully.
Understanding Gifted Property Registration
Gifted property registration refers to the legal process of officially transferring ownership of a property from the gift giver (donor) to the gift receiver (recipient). This process is essential for establishing clear and legally binding documentation of the property transfer.
When a property is gifted, it means that the owner of the property willingly, without any monetary exchange, transfers ownership to another individual. This can be a generous act within families or among unrelated parties. Gifted property registration ensures that this transfer is recognized and recorded by the Dubai Land Department, making it a legally binding transaction.
Why Register Gifted Property?
Registering gifted property is a crucial step in any property transaction in Dubai, serving several important purposes:
- Legal Protection: Registering the gifted property offers legal protection to both the donor and the recipient, ensuring that their respective rights and interests are safeguarded.
- Clarity of Ownership: It provides clarity about property ownership. Once registered, the recipient becomes the official owner of the property, with all associated rights and responsibilities.
- Compliance with Regulations: Dubai has specific regulations governing property transactions, including gifted property. Registering the property ensures compliance with these regulations, preventing legal complications in the future.
- Resale and Inheritance: Registered gifted property can be easily sold or inherited, as it has clear legal documentation, enhancing its marketability and long-term value.
Legal Framework
In Dubai, the Dubai Land Department (DLD) is the authority responsible for overseeing and regulating property transactions, including gifted property registration. The DLD has established a comprehensive legal framework to govern these transactions. This legal framework includes guidelines and requirements that must be followed during the registration process. Being aware of and adhering to these regulations is essential for a successful registration process.
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Required Documents for Gifted Property Registration
The following documents are required for gifted property registration:
Required Documents For Individuals:
- E.NOC from the Developer (via Dubai REST App): Obtain a no-objection e-certificate from the developer of the freehold area through the Dubai REST App.
- Proof of Paternity:
- For Married Couples: Provide a translated and certified copy of the marriage contract by the embassy of the concerned country in the UAE and the Ministry of Foreign Affairs in the home country.
- For Children:
- Present a translated and certified copy of the child’s birth certificate by the embassy of the concerned country in the UAE and the Ministry of Foreign Affairs in the home country.
- Include proof of paternity or kinship from the customer’s embassy within the UAE.
- Identity Proof (for identity verification only, no copy will be submitted):
- UAE citizens should provide their UAE ID.
- Non-resident foreigners should submit a copy of a valid passport.
- Legal Power of Attorney (if applicable):
- If a representative is acting on behalf of the individual, a legal power of attorney should be provided.
Read more: Five advantages of having a property lawyer with you when buying a property in the UAE
Required Documents for UAE Citizens:
- Marriage contract for married couples or family booklet extract.
Required Documents for Companies:
- Unregistered entities must initiate the company registration procedure. Please provide the necessary documents as per the UAE company registration requirements.
Gift Registration Application Submission
After gathering all the necessary documents, the next step is submitting your gifted property registration application to the Dubai Land Department. During this stage, you will also need to pay the applicable fees, which cover the administrative costs associated with the registration process.
Verification Process
The Dubai Land Department will carefully review the submitted documents to ensure they comply with their regulations. Additionally, they may conduct a thorough examination of the property itself. This verification process is essential to confirm the authenticity of the transaction and to prevent any fraudulent activities.
Issuance of Title Deed
Upon successful verification, the Dubai Land Department will issue a new title deed in the name of the recipient. This title deed is a crucial legal document that officially recognizes the recipient as the property owner.
Transfer Fees
It’s important to note that the transfer of property ownership in Dubai often involves various fees. These fees may include property registration fees, administrative charges, and other costs associated with the transfer. Typically, these fees are borne by the recipient.
Frequently Asked Questions (FAQs)
1. Can a non-resident of Dubai receive the gifted property?
Yes, non-residents can receive gifted property in Dubai, but certain regulations and procedures apply. It’s advisable to consult with legal experts for guidance.
2. What types of gifts can be registered in the UAE?
You can register total or partial gifts, including gift registration applications, gift usufruct rights, or provisional gift sales for various types of properties.
3. How is the service fee calculated for gifted property?
The service fee for gifted property is calculated at 0.125% of the property’s valuation value, with a minimum fee of AED 2,000.
4. Who can receive a property gift in the UAE?
Gifts can be assigned to first-degree relatives (mother, father, husband, wife, and children) or companies at no charge, as long as the property’s title deed is not already registered or granted to someone else.
5. Is there a specific process for land gift registration applications?
Yes, for land gift registration applications, you must first submit a property evaluation application at a Real Estate Services Trustee Center before applying for the gift registration.
6. How are service partner fees calculated?
Service partner fees depend on the price of the gifted property. If the gifted property price is more than or equal to AED 2,000,000, the fee is AED 4,000 plus VAT. If the property price is less than AED 2,000,000, the fee is AED 2,000 plus VAT.
For more information don’t hesitate to contact HHS lawyers.
