Registering Hiba deeds is crucial to securing stakeholders’ rights and ensuring transaction validity. Registering gifts involves following precise legal procedures and leveraging legal expertise to comply with local regulations and achieve maximum transparency and security.

In this article, we will explore how to register Hiba deeds and the essential steps required to ensure the success of this process effectively and correctly.

How to Legally Register a Hiba Deed: Step-by-Step Guide

Required Documents

The Hiba deed must be drafted by a notary public. It is necessary to obtain the transfer card related to the gift and submit it along with a copy to the registration offices.

Additionally, copies of the annual settlement receipts for the applicant over the past three years must be provided. Registration fees must be paid, and the deeds should be collected within 24 hours of registration.

The deeds must comply with all the general conditions required for contract registration, ensuring there are no violations.

Registration Location

To register notary public writings, the documents must be recorded at the tax office that has jurisdiction over the area where the notary’s office is located.

Registration Fees

Registration fees vary depending on the nature of the document submitted for registration. For Hiba between direct relatives or between spouses, the fixed fee is 130 dinars.

The fees become proportional if the Hiba is between other relatives. For siblings, the fee is 5% of the property value, and for uncles, aunts, and their children, the rate is 25%. For other relatives, the fee is 35%.

Additionally, a 1% fee is paid for property registration or as a contribution to the property registration.

For Hiba between spouses or direct relatives, if the property ownership was transferred via a gift within the past five years, the applicable rate is 2.5% of the property value.

Registration Process

Hiba deeds must be prepared by a notary public. Signatures from all parties must be authenticated at the civil status department of the municipality, along with presenting a clearance certificate for the property in question.

Next, a visit to the tax office is required to submit the transfer card issued by the notary public, along with a copy of it and copies of the annual settlement receipts for the past three years for the party registering the contract.

The registration fees must be paid, and a payment receipt should be obtained within 24 hours of the registration process.

For the transfer cards issued by the notary public, the payment receipt must be obtained and presented to the notary public to receive the official deed. This deed, along with the birth certificates of the involved parties, should be submitted to the regional property administration.

The regional property administration may conduct a thorough examination of the deeds and might request additional fees or documents to complete the property registration process.

Registration Deadlines

Hiba deeds must be registered within sixty days from the date of drafting. If the registration is done after this period, late penalties will be applied.

Conclusion

In conclusion, registering Hiba deeds in real estate is a crucial step for protecting the rights of the involved parties and ensuring the legality and transparency of transactions.

Adhering to legal procedures and being aware of the detailed aspects of the registration process helps in avoiding penalties and ensuring the smooth and secure completion of the transaction.