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Gift Sale Deed

Gift Sale Deed Template for Germany

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Key Requirements PROMPT example:

Gift Sale Deed

"I need a Gift Sale Deed under German law to transfer my vacation property in Bavaria to my daughter, with a condition that the property cannot be sold for 10 years and including provisions for existing rental agreements that expire in March 2025."

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Document background
A Gift Sale Deed (Schenkungsvertrag) is essential in German property law for documenting the voluntary transfer of property without consideration. This document is commonly used in family wealth transfers, estate planning, and charitable donations. It must comply with strict German legal requirements, including mandatory notarization under the German Civil Code (BGB). The deed includes comprehensive details about the property being transferred, parties involved, any conditions attached to the gift, and relevant tax implications. It's particularly important in real estate transfers, where registration in the land registry (Grundbuch) is required. The document serves both as evidence of the transfer and as a basis for tax assessment under German gift tax laws.
Suggested Sections

1. Parties: Identification of the donor (Schenker) and the donee (Beschenkter) with full legal names, addresses, and other relevant identification details

2. Background: Context of the gift, relationship between parties, and purpose of the deed

3. Definitions: Definitions of key terms used throughout the deed

4. Subject Matter of Gift: Detailed description of the property being gifted, including all relevant identifying information such as land registry details for real property

5. Declaration of Gift: Formal statement of the donor's intention to gift the property and the donee's acceptance

6. Transfer of Ownership: Provisions regarding the transfer of title and ownership rights

7. Warranties: Donor's warranties regarding ownership, right to transfer, and condition of the property

8. Costs and Taxes: Allocation of transfer costs, taxes, and other expenses

9. Execution and Notarization: Requirements for execution and notarization according to German law

Optional Sections

1. Conditions and Restrictions: Any conditions attached to the gift or restrictions on use - include if the gift is conditional

2. Right of Revocation: Terms under which the gift may be revoked - include if revocation rights are to be reserved

3. Existing Encumbrances: Details of any existing mortgages, liens, or other encumbrances - include if property is not free from encumbrances

4. Maintenance Obligations: Ongoing maintenance requirements or obligations - include for real property gifts

5. Pre-existing Tenancies: Details of any existing rental or lease agreements - include if property is subject to tenancies

6. Family Law Provisions: Special provisions related to family law implications - include if gift is between family members

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property, including boundaries, measurements, and registration details

2. Title Documents: List of title documents and chain of ownership

3. Property Condition Report: Current condition of the property and any known defects

4. Encumbrance Schedule: Details of any existing encumbrances, easements, or restrictions

5. Tax Valuation: Property valuation for tax purposes

6. Land Registry Extract: Current extract from the land registry (Grundbuchauszug)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

























Clauses

























Relevant Industries

Real Estate

Private Wealth Management

Legal Services

Tax Advisory

Property Management

Family Office Services

Notarial Services

Banking and Finance

Relevant Teams

Legal

Real Estate

Property Administration

Tax Advisory

Wealth Management

Compliance

Corporate Secretarial

Risk Management

Relevant Roles

Legal Counsel

Property Lawyer

Notary

Tax Advisor

Estate Manager

Wealth Manager

Property Manager

Real Estate Administrator

Compliance Officer

Legal Administrator

Family Office Manager

Trust Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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