There can be voluntary gifting of immovable properties which the owner can gift to a relative or a loved one or even a friend. Such gifts are a bit different from the conventional gifts as the word “gift” denotes. A gift can be of many types and the price range can vary where a gift can be a soft toy or a diamond necklace. But when it comes to properties or assets the term gift takes on a different meaning and involves a legal process through which the entire procedure becomes a valid one which cannot be disputed by anyone else. The person who gives away the gift is legally known as the doner and to who the gift is being given is known as the donee. The terms and conditions of the gift should be well documented so that there are no disputes or misunderstandings later on regarding the same. For this purpose the legal document must be signed by the authorized people amongst whom one person should be as per the donor’s choice. Also there are some additional terms and conditions like there should not be any force or coercion involved in this entire gifting process. The gift should not be made in order to obtain some kind of service from the donee. There should not be any situation of duress in which the doner is obligated to make the gift.
Therefore, this kind of gift where an immovable property is involved the rules and regulations must be followed or else it will not be considered to be valid. The main point is that the gifting should be absolutely voluntary with no other motive in play. Also from the donee’s part there should not be any influence. Thus, though it sounds quite simple, gifting such immovable property can involve quite a few legalities and it is not possible for a lay person to know what all documents are required to be signed or filled up. Hence, the best course of action will be to take the advice of a lawyer who is experienced in gifting property Hawaii rules and regulations and can guide you through the correct steps. There are some legal requirements for such kind of gifting which the lawyer will be able to guide you through. For example both the doner and the donee should be alive during this gifting process or else it won’t be considered valid. It cannot be done posthumously and has to happen during both their lifetime. If one of the parties expire before the process is completed the deed becomes null and void. The deed is almost like a contract which can also be said to be an agreement which lawfully certifies and confirms that the donor desires to gift the possessions described in the deed to the donee, on his or her own free resolve, without any intimidation or coercion.
As per the rules of the gifting property Hawaii, the deed also acts as a letter of acceptance from the donee that he or she is receiving the gift without any force or coercion or under any kind of obligation. There should be valid witnesses present when both the parties sign the documents and they should not have any interest in the entire process, which is they should be objective third parties. There should be proper registration of the process of gifting and it should take place at the location where the immovable property is situated. Certain documents might be required and at the time of registration have to be submitted. These are mainly documents like the title deeds of the property, a copy of the agreement, and extract of the assessment register of the immovable property, and the statement of the particulars regarding the property. With all the documents at hand and both the parties present, this particular kind of gifting can indeed be a happy proceeding where both the doner and the donee is fully aware of all the particulars of their actions.
The author of this article, Marshall Morrison is a practicing lawyer who deals with gifting property Hawaii cases and firmly believes in the fact that we all want to protect our loved ones and preserve our hard-earned assets for our personal legacy.