Here I will tell you everything you need to know about the Deed of Gift in Tanzania.
This post will cover;
- what is a deed of gift?
- form and contents of a deed of gift
- sample deed of gift
- deed of gift pdf
- etc.
Let’s get started
Table of Contents
What is a deed of gift?
A deed of gift is a legal document that transfers ownership of property or assets from one party, the donor, to another party, the recipient or donee, without any exchange of money.
It is essentially a formal and voluntary way of giving a gift, and it is often used to transfer items of value, such as real estate, personal property, or other assets.
A deed of gift differs from a sales agreement in that it relies on NATURAL LOVE AND AFFECTION as consideration instead of monetary exchange.
All transfers facilitated through a deed of gift can be referred to as NATURAL LOVE AND AFFECTION transfers.
A deed of gift is a bit like a paper that says, “I’m giving you something, and the reason I’m giving it is not because you paid me, but because I care about you” — that caring part is called “NATURAL LOVE AND AFFECTION.”
So, whenever something valuable is given this way, we call it a “NATURAL LOVE AND AFFECTION transfer.”
The common uses of a deed of gift
Deeds of gift are commonly used for various purposes, and some of the common uses include:
It’s important to note that the specific use of a deed of gift depends on the circumstances and the intentions of the parties involved.
Form and contents of a deed of gift
For a deed of gift to be legally accepted, it must contain and/or comply with the following
1. Title:
- The title serves as the heading of the deed and should clearly state its purpose. For example, “DEED OF GIFT TO [purpose]” provides a quick understanding of the document’s intent, whether it’s transferring property within a family or making a charitable donation.
2. Name and Addresses of the Parties:
- The full names, addresses, and any other necessary identifying information of both the donor (the person giving the gift) and the donee (the person receiving the gift) must be clearly specified. This ensures that there is no confusion about the parties involved.
3. Description of the Property:
- A detailed and accurate description of the property being transferred is crucial for clarity and legal precision. This can include the physical address for real estate, a list of items for personal property, or specific details for any other type of asset.
4. Consideration (NATURAL LOVE AND AFFECTION):
- Clearly state that the consideration for the gift is “NATURAL LOVE AND AFFECTION.” This emphasizes that the transfer is being made out of care and affection rather than for monetary gain.
5. Capacity of Parties:
- Verify that both parties have the legal capacity to enter into a contract. This means ensuring that they are not minors or otherwise legally incapacitated.
6. Voluntariness:
- Emphasize that the deed of gift is voluntarily made by the donor. This ensures that the transfer is not coerced or made under duress.
7. Written Form:
- The deed must be in writing to be legally enforceable. A written document provides a clear record of the agreement and helps prevent misunderstandings.
8. Specificity:
- The deed should be specific about the nature of the gift and any conditions or restrictions attached to it. This specificity helps avoid ambiguity and potential disputes in the future.
9. Dated and Signed by Both Parties:
- Include the date when the deed is executed, and ensure that both the donor and the donee sign the document. The signatures signify mutual agreement and understanding.
10. Notarized/Witnessed:
Dee of Gift must be notarized by a commissioner of oath
Compliance with these elements ensures that the deed of gift is legally sound and can withstand scrutiny.
Validity of Deed of Gift in Tanzania
Deed of gift sample Tanzania
DEED OF GIFT TO CONVEY
IMMOVABLE PROPERTY
THIS DEED OF GIFT made the ……… day of October, 20… BETWEEN RAMADHANI SASHA of P.O. Box 100 Karatu of the one part and SOPHIA RAMADHANI of P.O. Box 100 Karatu the daughter of the said RAMADHANI SASHA of the other part:
WITNESSETH that IN CONSIDERATION of his NATURAL LOVE AND AFFECTION for the said SOPHIA RAMADHANI the said RAMADHANI SASHA HEREBY CONVEYS unto the said SOPHIA RAMADHANI ALL THAT piece or parcel of land and property comprised in the Right of Occupancy registered as Plot No. 25 Block ‘D’ (Law Density) New Town, Karatu TO HOLD the same for her own sole use and benefit for the period constituted in the unexpired term of the said Right of Occupancy.
IN WITNESS WHEREOF the parties hereto have set their hands hereunto and respectively signed these presents the day, month, and year hereinafter appearing.
SIGNED and DELIVERED by the said )
RAMADHANI SASHA who is known to me )
personally/identified to me by ……………….. )
………………………………………………… the ) _________
latter being known to me personally in my ) DONOR
presence this ………. day of December, 20…. )
Name: ………………………………………………
Signature: ……………….…..…….……..………
Postal Address: …………..………….……..….…
….…………………….…………
Qualification: COMMISSIONER FOR OATHS
SIGNED and DELIVERED by the said )
SOPHIA RAMADHANI who is known to )
me personally/identified to me by …………. ) _________
………………………………… the latter being ) DONEE
known to me personally in my presence this )
………..….. day of December 20…. )
Name: ………………………………………………
Signature: ……………….…..…….……..………
Postal Address: …………..………….……..….…
….…………………….…………
Qualification: COMMISSIONER FOR OATHS
Deed of gift sample Tanzania pdf
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