The concept of a gift of deed is an important legal process in Nigeria, especially for transferring property or assets as a gift. 

This guide helps you understand how to create and execute a gift of deed. It is useful for anyone involved, whether you are giving the gift, receiving it, or a legal professional. 

The article answers your questions and makes sure you know what steps to follow in the process.

What is a Gift of Deed?

A gift of deed is a legal document used when someone wants to give property or assets to another person without getting any compensation or payment in return. 

The person giving the gift is called the donor, and the person receiving it is the recipient. 

This document shows that the donor truly wants to give the gift, and ensure the transaction is recognized and protected by law.

What is a Gift of Deed of Property?

When the gift involves real estate or property, it is called a gift of deed of property. 

This important document makes transferring ownership easy and prevents any arguments about who owns what after the gift is given. Examples include gifting a plot of land, a house, or other immovable assets.

Relevant Nigerian Laws Governing Gift of Deed

The gift of deed in Nigeria is regulated by several key laws that you need to be aware of:

Land Use Act of 1978: This important law manages how land is owned and transferred; requiring that you obtain the Governor’s Consent to make the transfer legal.

Contract Laws: These laws ensure that the gift is given voluntarily and with clear intention, making it a binding legal agreement.

Requirements for a Valid Gift of Deed

For a gift of deed to be legally recognized in Nigeria, certain conditions must be met:

Donor’s Intention: The person giving the gift (donor) must clearly demonstrate a desire to transfer ownership.

Recipient’s Acceptance: The recipient must accept the gift without any conditions attached.

Voluntary Nature: The process must be free from any form of pressure, deception, or undue influence.

Proper Documentation: The deed must be properly documented, and where required, registered in the land registry.

Essential Elements of a Gift of Deed Document

A standard gift of deed document includes:

Details of the Parties: This includes the names, addresses, and identification information for both the person giving the gift and the person receiving the gift.

Property Description: This part provides clear and detailed information about the property that is being transferred to the recipient. It should be specific and leave no room for doubt about what is being given.

Terms and Clauses: This section outlines any conditions, special arrangements, or rules that apply to the gifting of the property, if there are any. This ensures both parties understand the circumstances under which the gift is being made.

Step-by-Step Guide to Drafting a Gift of Deed

Here’s a simple guide to creating a valid gift of deed:

Consult a Legal Professional: It’s important to work with a lawyer who understands the property laws in Nigeria. They can guide you through the process and ensure everything is done correctly.

Verify the Property Details: Before you proceed, make sure the property you want to gift doesn’t have any legal disputes or issues, like debts or other claims against it. This step is crucial to avoid any problems later.

Draft the Deed: When writing the deed, make sure it includes all the necessary information. This should cover details about the person giving the gift (the donor), the person receiving it (the recipient), and the specific information about the property being gifted. Being thorough here is very important to making sure the gift is legally valid.

Executing and Registering the Gift of Deed

To finalize the process:

1. Both parties need to sign the document. Make sure witnesses are present to watch the signing.

2. After signing, the document must be stamped and taken to the right land registry office for registration.

Can a Gift of Deed Be Revoked in Nigeria?

Yes, a gift of deed can be revoked but only under certain conditions, such as:

• If there is evidence that someone was cheated or forced into it.

• If the terms listed in the deed are broken.

• If the registration or other legal steps are not completed.

If you need to revoke a gift of deed, it’s a good idea to get advice from a lawyer first.

Who Are the Parties in a Gift of Deed?

The key parties involved in a gift of deed are:

Donor: This is the person who is giving the property as a gift.

Recipient: This is the person who is receiving the gift.

Witnesses: These are independent people who watch the signing to make sure everything is done correctly.

Gift of Deed Documents Required

To process a gift of deed, you’ll need these documents:

A draft of the gift of deed itself.

Proof that the donor really owns the property.

Governor’s Consent if the gift involves land.

Identification documents (NIN) for both the donor and the recipient.

Gift of Deed Sample

Here’s a basic sample of a gift of deed:

Gift of Deed Document

This deed, made on [date], between [Donor Name] of [address] (the “Donor”) and [Recipient Name] of [address] (the “Recipient”), transfers ownership of [property description]. The donor affirms this gift is made voluntarily and unconditionally. Signed and witnessed on this [day] of [month, year].

Note: Always customize the template with the help of a legal professional.

 A sample of a gift of deed in Nigeria. Photo credit: Studocu

Click here to Download Sample Format of a Gift Deed.

Conclusion

Learning about the gift of deed process in Nigeria is important for smoothly and legally transferring property. 

To prevent any issues, it’s crucial to follow the legal steps, involve knowledgeable professionals, and prepare all the required paperwork. 

If you find yourself with questions or needing specific help, it’s a good idea to consult with an experienced lawyer who can assist you throughout the process and make sure everything goes well.