This form is a Gift Deed where the Grantors are four individuals and the Grantee is an individual. Grantors convey and quitclaim any interest they might have in the described property to Grantee. The consideration for the transfer of interest is the love and affection the Grantors hold for Grantee. This deed complies with all state statutory laws.
Texas Gift Deed from Four Grantors to One Grantee
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Description Texas Gift Deed
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FAQ
Legal requirements for gift deed As per the Transfer of Property Act, the transfer of a house property under a gift, has to be effected by a registered instrument/document, signed by or on behalf of the person gifting the property and should also be attested by at least two witnesses.
Find the most recent deed to the property. It is best to begin with a copy of the most recent deed to the property (the deed that transferred the property to the current grantor). Create a new deed. Sign and notarize the deed. File the documents in the county land records.
The gift deed can be questioned by filing a suit for declaration in the court of law. However, it will be challenged only if the person is able to establish that the execution of the deed was not as per the wish of the donor and was executed under fraud, coercion,misrepresentation etc.
To be valid, gift deeds in Texas further require the document set forth (1) the intent of the grantor, (2) the delivery of the property to the grantee, and (3) the gift to be accepted by the grantee. The one claiming the gift bears the burden to establish each of the elements.
In Texas, a deed must be in writing and signed by the person transferring the land, otherwise known as the grantor. The person the grantor is transferring the land to is known as the grantee. No particular words must be used in order to constitute a legally effective transfer, but whatever words are used must show
It is executed during the life time of donor and transfer happens immediately whereas Will is applicable after death. Gift deed needs to be registered; only then it is effective. Registration renders it less liable to litigation. Transfer using gift deeds are tax free in the hands of donor and donee.
For the purpose of making a gift of immovable property, the transfer must be registered, signed by or on behalf of the donor, and attested by at least two witnesses. The stamp duty, calculated on the basis of the market value of the property (differing from state to state), must be paid at the time of registration.
Can Gift Deed property be sold? Yes, the property received under Gift Deed can be sold. Provided, that you have received the property under registered Gift Deed without any condition attached.However, in the case of the registered Gift Deed, donor and donee both need to acquiesce for revocation.
The Grantee in a Quitclaim Deed is the person who is being given interest in a property from the Grantor. It is possible for someone to be both a Grantor and a Grantee in a Quitclaim Deed.Most real estate deeds are notarized by attorneys.