Deed of Gift - Template Form to Fill out Word and PDF Pro · NG-law

DEED OF GIFT

(Made pursuant to the Conveyancing Act 1881 and/or the Property and Conveyancing Law (as applicable), and registrable under the relevant Land Instruments Registration Law of the Federal Republic of Nigeria)

THIS DEED OF GIFT is made on the ________ day of ________, ________.

BETWEEN

________ (holding means of identification No. ________), of the following address:

________

(hereinafter referred to as the "Donor", which expression shall, where the context so admits, include his/her heirs, personal representatives, successors-in-title and assigns) of the one part.

AND

________ (holding means of identification No. ________), of the following address:

________

(hereinafter referred to as the "Donee", which expression shall, where the context so admits, include his/her heirs, personal representatives, successors-in-title and assigns) of the other part.

The Donor and the Donee are hereinafter jointly referred to as the "Parties" and individually as a "Party".

WHEREAS:

A. The Donor is the absolute and beneficial owner of, and is in full and lawful possession of, the property particularly described in the First Schedule to this Deed (hereinafter referred to as the "Gift").

B. The Donor, being desirous of conferring a benefit upon the Donee out of natural love, affection and/or pure benevolence and without any monetary consideration whatsoever, has agreed to transfer the Gift to the Donee absolutely and forever by way of gift.

C. The Donee has freely and voluntarily accepted the Gift from the Donor on the terms and conditions hereinafter contained.

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. TRANSFER OF OWNERSHIP

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1.2 The said Gift comprises the following property:

________

1.3 This gift is made wholly without any monetary or other valuable consideration, and the Parties acknowledge that no consideration has passed or is required to pass between them.

2. WARRANTIES, REPRESENTATIONS AND COVENANTS OF THE DONOR

The Donor warrants, represents and covenants with the Donee as follows:

(I) that the Donor is the lawful and absolute owner of the Gift and has the full power, capacity, right and absolute authority to grant, transfer and convey the Gift to the Donee in the manner herein contained;

(II) that the Gift is free from any mortgages, levies, charges, debts, liens, court orders and encumbrances of whatsoever nature, and that no part of the Gift is subject to any agreement or commitment to give or create any option, lien or encumbrance thereon;

(III) that the Donee shall have full and quiet possession of the Gift and its appurtenances with effect from the date of this grant;

(IV) that the Donee shall peaceably and quietly hold and enjoy the Gift without any interruption, claim or demand whatsoever by the Donor or by any person lawfully or equitably claiming through, under or in trust for the Donor;

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(VI) that the warranties, representations and covenants contained herein are true and accurate and shall remain valid and in full force throughout and after the execution of this grant.

3. WARRANTIES, REPRESENTATIONS AND COVENANTS OF THE DONEE

The Donee warrants, represents and covenants with the Donor as follows:

(I) that the Donee accepts the Gift from the Donor freely, voluntarily and without coercion, duress or undue influence;

(II) that the Donee shall, with effect from the date of this grant, be responsible for the payment of all rates, taxes, levies, charges and outgoings payable in respect of the Gift;

(III) that the Donee shall observe and perform all covenants and conditions affecting the Gift from the date of this grant.

4. STAMP DUTY, REGISTRATION AND PERFECTION

4.1 The Parties acknowledge that this Deed is liable to stamp duty under the Stamp Duties Act (Cap. S8, Laws of the Federation of Nigeria 2004, as amended), and shall be duly stamped within the prescribed time.

4.2 Where the Gift comprises an interest in land, the Parties shall, where applicable, obtain the requisite Governor's consent pursuant to the Land Use Act (Cap. L5, Laws of the Federation of Nigeria 2004) and shall procure the registration of this Deed at the appropriate Lands Registry under the relevant Land Instruments Registration Law.

4.3 The costs of stamping, consent, registration and perfection shall be borne by ________.

5. GENERAL PROVISIONS

5.1 This Deed of Gift constitutes the entire agreement between the Parties in respect of the subject matter hereof and supersedes all prior negotiations, representations, understandings and agreements, whether oral or written.

5.2 Any amendment, variation or supplement to this Deed shall be valid only if made in writing and duly executed by both Parties.

5.3 If any provision of this Deed is held to be invalid, illegal or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.

5.4 No failure or delay by either Party in exercising any right or remedy under this Deed shall operate as a waiver thereof.

5.5 This Deed shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

5.6 Any dispute, controversy or claim arising out of or in connection with this Deed shall first be resolved amicably by the Parties through good faith negotiation, failing which it shall be referred to the courts of competent jurisdiction in ________.

5.7 The Donor confirms that this gift is made of his/her own free will, in sound mind and not as a result of any fraud, mistake, misrepresentation, coercion or undue influence.

FIRST SCHEDULE
(Description of the Gift)

________

IN WITNESS WHEREOF the Parties have executed this Deed of Gift in the manner appearing below the day and year first above written.

SIGNED, SEALED AND DELIVERED by the within named Donor

____________________________
________

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ..................................................................

SIGNED, SEALED AND DELIVERED by the within named Donee

____________________________
________

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ..................................................................

FRANKING

This Deed was prepared by:

________
________
________