Why do I need a Power of Attorney (POA) for gifting a property?
- by Sohaib Salim
- On 06/24/2019
- at 9:04 AM
There are not so many articles online about the nitty-gritty of gifting a property in Dubai, even more so about how grueling it is for the actual transfer to take place.
It’s an undertaking which demands a significant amount of time on the person gifting the property (“the donor”) and the person receiving it (“the donee”). Not to mention the Dubai Land Department (DLD) has a firm requirement that needs to be met.
First and foremost, you’re only allowed to gift a property to your first degree relatives, strictly speaking – Wife and Husband, Parent and Child. To prove the relationship, you will be required to provide a Proof of Kinship which is a government-issued certificate that validates the parental and/or matrimonial relation between the donor and the donee – e.g. a marriage certificate or a birth certificate. If the documents are issued outside the UAE, then they need to be attested by the UAE Embassy in the country of origin, stamped by the UAE’s Ministry of Foreign Affairs and officially translated into Arabic.
Most are puzzled why they even need to appoint a Power of Attorney for the gift transfer between husband and wife or between parents and children. Some would expect that the process can be completed in one day. However, the gift transfer process is not easy and as fast as it sounds.
In general, the process involves obtaining a valuation certificate from DLD, getting a No Objection Letter from the developer as well as facilities management company, payment of fees and finally transferring the property and getting a new title deed. This whole process can take up to a month and a half time.
It should also be taken into consideration that both parties to the gift transfer transaction (i.e. donor or donee) will need to be present in person during two activities as a minimum: to obtain a No Objection Certificate from a developer, and to complete the transfer of title before DLD. So, if you, as a grantor or grantee, are not able to stay in the country during the property gifting process, then you may need to appoint other person or a professional firm to handle the process on your behalf using a Power of Attorney document.
This information has been provided by Mirza, CEO of poa.ae