Immovable properties can always be gifted to relatives or a third party by the owner of that property. The person who’s giving away the gift is known as the donor in this type of legal documents and the receiver is usually referred to as the donee. This is only considered legal if there are valid documents stating the terms and conditions of the gift and is signed by the authorized people. The donor must not be under any kind of duress or coercion while he or she is making this gift and therefore, the gift will only be considered valid if the gift is made voluntarily by the owner of the immovable property/ properties. This is taken care of by certain rules and regulation which falls under the gifting property Hawaii.

For such kind of voluntary gifting there are some other requirements that are needed in the deed for it to be considered as valid. Additionally this entire process of gifting and receiving has to happen when both the donor and the donee are alive, that is, it has to happen during their lifetime and cannot be done posthumously. The deed automatically becomes null and void if one of the parties dies before the process is completed. The gifting property Hawaii deed which is drawn up keeping all the above points in mind, represent a contract which can also be said to be an agreement which legally certifies and confirms that the donor wishes to gift the property described in the deed to the done, on his or her own free will, without any coercion or force. The deed is also a letter of acceptance from the donee that he or she is accepting the gift and that is also without any force or coercion. The entire process becomes completed once both the parties sign the necessary documents and there are a number of witnesses present at the time.

There can also be instances where a minor receives a gift. But in that case the rules are a bit different as a minor cannot be enforced with the obligation of receiving the same. The gift can be handed over to a guardian figure who is also the legal guardian of the minor, and once the minor comes of age, he or she is supposed to present the gift. The decision to whether or not to accept the gift r to return it rests with the donee and if the gift is returned then there is no obligation attached to the donee. The gifting property Hawaii deed makes it mandatory that the deed should be made in such a way so as to assure that the donor was fully aware of the results of his or her actions, when he or she was gifting the immovable property, which also signifies that the donor was fully aware if the contents of the deed.

Since the property has to be transferred from the donor to the donee, the immovable property deed of gifting has to be properly registered, and this registration should happen in the area where the immovable property is located. At the time of registration there might occur the need for certain documents and they have to be submitted at the time of registration. These documents generally consist of a copy of the agreement, that is the gift deed itself, the title deeds of the property, the encumbrance certificate, extract of the assessment register of the immovable property and the statement of the property particulars.

Author's Bio: 

The author of this article, Leon Grant 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.