Dubai Lawyers

Procedure for Applying for Registration of Gifted Property in the UAE

Are you seeking guidance on the procedure for requesting gifted property registration in Dubai? This article serves as your comprehensive reference for comprehending the intricacies of this vital legal process. We will guide you through the requisite steps, prerequisites, and crucial insights necessary for successful gifted property registration in Dubai.

Comprehending the Registration of Gifted Properties

Gifted property registration pertains to the formal legal mechanism for officially transferring property ownership from the donor (the gift giver) to the recipient (the gift receiver). This procedure holds utmost importance in creating unequivocal and legally binding documentation of the property transfer.

When a property is gifted, it signifies that the property owner willingly relinquishes ownership to another individual without any financial transaction involved. This altruistic gesture can occur within families or between unrelated parties. Gifted property registration ensures the acknowledgment and official recording of this transfer by the Dubai Land Department, transforming it into a legally binding transaction.

Why is Registering Gifted Property Important in Dubai?

Registering gifted property plays a pivotal role in Dubai’s property transactions, serving multiple vital purposes:

1. Legal Safeguard: Registering the gifted property provides legal protection for both the donor and the recipient, ensuring the preservation of their respective rights and interests.

2. Ownership Transparency: It establishes clarity regarding property ownership. Once registered, the recipient becomes the official property owner, complete with all related rights and obligations.

3. Regulatory Compliance: Dubai has specific regulations governing property transactions, including gifted property. Registering the property guarantees compliance with these regulations, preventing potential legal complications down the line.

4. Resale and Inheritance: Registered gifted property can be easily sold or inherited, benefiting from clear legal documentation that enhances its marketability and long-term value.

Dubai’s Legal Framework

In Dubai, the Dubai Land Department (DLD) holds authority over property transactions, including the registration of gifted property. The DLD has implemented a comprehensive legal framework to govern these transactions, encompassing guidelines and prerequisites that must be adhered to during the registration process. Familiarity with and adherence to these regulations are imperative for a successful registration experience.

Gifted Property Registration: Necessary Documentation

To complete the registration process for gifted property, the following documents are mandatory:

Required Documentation for Individuals:

1. Developer’s E.NOC (via Dubai REST App): Secure a no-objection e-certificate from the developer of the freehold area using the Dubai REST App.

2. Proof of Parentage:

For married couples: furnish a translated and certified copy of the marriage contract endorsed by the embassy of the respective country in the UAE and the Ministry of Foreign Affairs in the home country.

For children: supply a translated and certified copy of the child’s birth certificate, authenticated by the embassy of the relevant country in the UAE and the Ministry of Foreign Affairs in the home country.

Additionally, include evidence of paternity or kinship, as authenticated by the customer’s embassy within the UAE.

3. Identity Verification (no submission of copies is required):

UAE citizens should present their UAE ID for identity verification.

Non-resident foreigners must provide a photocopy of a valid passport.

4. Legal Power of Attorney (if applicable):

If an appointed representative is acting on behalf of the individual, a legal power of attorney must be provided.

Requisite Documentation for UAE Nationals:

For married couples or those with a family booklet extract, the essential document is the marriage contract.

Prerequisite Documentation for Corporations:

Unregistered entities must commence the company registration process, adhering to the UAE company registration prerequisites.

Submission of the Gift Registration Application:

Once you have gathered all the necessary documents, the next step entails submitting your application for registering the gifted property to the Dubai Land Department. At this juncture, you will also be required to settle the applicable fees, which encompass the administrative expenses associated with the registration procedure.

Verification Procedure:

The Dubai Land Department will meticulously scrutinize the submitted documents to ensure their alignment with their stipulations. Additionally, a comprehensive assessment of the property itself may be conducted. This verification process is crucial to authenticating the transaction and thwarting any potential fraudulent activities.

Issuance of Title Deed:

Following successful verification, the Dubai Land Department will furnish the recipient with a fresh title deed, officially acknowledging them as the property owner.

Transfer Charges:

It is imperative to bear in mind that property ownership transfers in Dubai often entail a variety of charges, encompassing property registration fees, administrative levies, and other expenses linked to the transfer. Generally, these costs are the responsibility of the recipient.

Frequently Asked Questions (FAQs) on Property Gifting in Dubai:

1. Can non-residents of Dubai receive gifted properties?

Yes, non-residents are eligible to receive gifted properties in Dubai. However, specific regulations and procedures must be followed. It is advisable to seek guidance from legal experts.

2. What types of gifts can be registered in the UAE?

Various types of gifts can be registered in the UAE, including total or partial gifts, gift registration applications, gift usufruct rights, or provisional gift sales for different property types.

3. How is the service fee calculated for gifted properties?

The service fee for gifted properties is determined as 0.125% of the property’s valuation value, with a minimum fee of AED 2,000.

You may be interested in A comprehensive manual on transferring property to a corporation in Dubai: everything you need to know.

4. Who can receive property gifts in the UAE?

Property gifts can be assigned to first-degree relatives (such as mother, father, husband, wife, and children) or companies at no cost, provided that the property’s title deed is not already registered or allocated to another party.

5. Is there a specific procedure for registering land gift applications?

Yes, for land gift registration applications, you must initiate the process by submitting a property evaluation application at a Real Estate Services Trustee Center before proceeding with the gift registration.

You may also read Guide to Registering a Gifted Property in the United Arab Emirates

6. How are service partner fees calculated?

Service partner fees are based on the value of the gifted property. If the property’s price exceeds or equals AED 2,000,000, the fee is AED 4,000 plus VAT. If the property’s price is less than AED 2,000,000, the fee is AED 2,000 plus VAT.

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