Gifting property in Dubai, often referred to as “Granting” or “Hiba,” is a common practice for inheritance or succession purposes. This process involves the voluntary transfer of property, either fully or partially, from an individual to another individual, a company, or vice versa, with significantly reduced transfer fees by the Dubai Land Department. Below, we delve into the rules and regulations governing the gifting of property to family Dubai.

Property Gifting

Property gifting allows property owners to register the property in full or partial by assigning it to individuals or companies. The property must be free from restrictions or previous grants. The individual or company transferring the property is termed the “Donor,” while the recipient is referred to as the “Donee.”

Required Documents for Gifting Property gifting to Family Dubai

For Individuals:

  • The title deed of the owner
  • No Objection Certificate (NOC) from the Developer
  • Evaluation Certificate of the property from the Dubai Land Department
  • Birth Certificate and passport for children and parents, attested by relevant authorities and translated into Arabic
  • Marriage Certificates for spouses similarly attested and translated
  • Original passport, visa, and Emirates ID
  • Succession certificate if the transfer is due to the owner’s death

For Companies:

  • Title deed of the owner
  • No Objection Certificate (NOC) from the Developer
  • Evaluation Certificate of the property from Dubai Land Department
  • Trade License for LLC companies
  • Certificate of Incorporation, Certificate of Incumbency, and Certificate of Good Standing for JAFZA/Offshore companies
  • Memorandum of Association (MOA) with Arabic translation
  • Shareholders’ passports, visas, and Emirates IDs
  • Power of Attorney and/or Board Resolution

Rules and Regulations for Gifting Property to Family Dubai

  • Permission: Both donor and recipient must obtain permission from the government by applying to the Dubai Land Department.
  • Tax: While gifted property is not subject to taxes, a transfer fee of 5% of the property’s value is required from the donor.
  • Documentation: Both parties must provide proof of identity and legal residence in Dubai, including passports, Emirates IDs, and residency visas.
  • Ownership: Post-transfer, the recipient becomes the sole owner of the property.

Restrictions:

  • Immigrants living in Dubai for less than three years cannot gift property.
  • Property transfer to a child is not allowed unless the child is over 18 years old.
  • Foreigners cannot gift property in freehold areas such as Dubai Marina or Jumeirah Beach Residence.
  • Off-plan properties cannot be gifted unless still under the SPA with the Developer.

Fees:

  • Gifting to first-degree relatives or companies incurs a reduced transfer fee of 0.125% of the property value.
  • Gifting to siblings requires a 4% transfer fee.

Can I Gift Property to a Non-Relative in Dubai?

Gifting property to non-relatives in Dubai is subject to the standard transfer fee of 4% of the property’s value. The process involves obtaining all necessary permissions and documentation, and ensuring all requirements by the Dubai Land Department are met.

Conclusion

Gifting property to family members in Dubai involves navigating specific regulations and requirements, including obtaining necessary permissions and providing proper documentation. By understanding these rules, donors and recipients can ensure smoothly gifting property to family Dubai. For professional guidance through each step of the property gifting process, Check Prism Services