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A Deed of Gift is a formal legal document used to give a gift of property or money to another person. It transfers the money or ownership of property (or share in a property) to another person without payment is demanded in return.
Gift is defined in section 122 of the act as: ?the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.?
A gift letter is a legal instrument that clearly and explicitly states, without question, that a friend or family member ?gifted? - rather than loaned - you money. You can use a gift letter for mortgage lenders who may be questioning a large influx of cash that suddenly showed up in your checking or savings account.
The essentials of a valid gift inter vivos are (1) an intention on the part of the donor to transfer the title and right of possession of the particular property to the donee then and there and (2), in pursuance of such intention, a delivery by the donor to the donee of the subject-matter of the gift to the extent ...
For a gift to be considered valid, it must satisfy certain elements, including the transfer of ownership, the existence of the property, the absence of consideration, the free consent of the donor, and the acceptance of the gift by the donee.
In addition to being irrevocable, there are three additional elements that a gift must meet in order to be valid: The donor must intend to make a present gift of the property; The donor must actually deliver the property to the donee. The donee must accept the gift.
The law states that in order for money to be a ?gift? it must be transferred voluntarily. If the gift is given on a condition, perhaps to buy a property, and that wish isn't fulfilled, the donor can ask for it back.
Photographic documentation is a good way to prove that a gift was delivered to you. If there is no evidence to prove acceptance, then a claim is much harder to prove. Write up a statement describing what occurred between you, the donee, and the person who gave you the property, the donor.