The Title Deed Desk

EPISODE 12


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THE GIFT TRANSFER Moving Property Within the Family — And the Rules That Matter

Welcome back to The Title Deed Desk.

In Episode 11, we introduced Series Two, covering the more complex title deed transactions. Today, in Episode 12, we're discussing Gift Transfers, also known as Hiba.

Before we begin, this is general educational information, not legal advice. Every gift transfer depends on your individual circumstances and the current requirements of the Dubai Land Department.

A standard property transfer in Dubai generally attracts a 4% DLD transfer fee. However, qualifying gift transfers between certain family members may be eligible for a reduced transfer fee of 0.125%, subject to the applicable minimum fee.

That difference can be substantial, making gift transfers an important estate and family planning tool. However, the reduced rate only applies when specific conditions are met.

Who qualifies?

The reduced gift transfer fee generally applies to transfers between spouses, parents, and children. Other relatives, including siblings, nieces, nephews, uncles, aunts, and cousins, do not normally qualify and may instead be treated as standard transfers.

Proof of relationship

Supporting documents are required to establish the relationship, such as a marriage certificate or birth certificate. Documents issued outside the UAE usually require attestation and certified Arabic translation before they are accepted. Delays often occur because these documents have not been properly legalised.

Property requirements

The property should generally have a registered Title Deed, be valued by the Dubai Land Department, and obtain the required developer No Objection Certificate (NOC) where applicable.

If the property is mortgaged, the lender's written approval may also be required. Depending on the financing arrangement, the bank may require the loan to be settled or restructured before approving the transfer.

If the property is connected to a UAE residency visa, additional checks should be completed before proceeding.

Important considerations

Gift transfers are intended for genuine family transfers and should be planned carefully. Once ownership has been legally transferred, reversing the transaction can be difficult and may require further legal procedures and additional costs.

Beyond reducing transfer fees, a gift transfer can also form part of a broader estate planning strategy by allowing property ownership to be transferred during the owner's lifetime in accordance with their wishes.

At TitleDeed.ae, we assist with the complete gift transfer process, including eligibility checks, document preparation, attestations, valuations, developer coordination, and lender requirements where applicable.

In the next episode, we'll discuss another common question: Can you transfer property as a gift to your own company?

This was The Title Deed Desk.

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The Title Deed DeskBy Title Deed Desk