The Property Transfer Affidavit is a crucial document in Hong Kong's property transaction process, required when transferring real estate ownership. This sworn statement, made under oath, provides essential declarations about the property's ownership, transfer details, and title status. It must comply with Hong Kong's legal requirements, particularly the Conveyancing and Property Ordinance and Oaths and Declarations Ordinance. The document is typically prepared when conducting property transfers, whether between individuals or corporate entities, and must be executed before a Commissioner for Oaths. It forms part of the official documentation required for property registration and serves as evidence of the transfer's legitimacy.
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1. Title and Jurisdiction: States that this is an affidavit and specifies Hong Kong jurisdiction
2. Deponent Information: Full name, HKID/passport number, and address of the person making the affidavit
3. Property Details: Complete legal description of the property being transferred, including lot number, address, and registration particulars
4. Current Ownership Declaration: Declaration of current legal ownership and right to transfer the property
5. Transfer Details: Information about the transfer including the transferee details and consideration amount
6. Clean Title Declaration: Declaration that the property is free from encumbrances (unless specified otherwise)
7. Stamp Duty Declaration: Statement regarding stamp duty payment status and obligations
8. Truth Declaration: Standard declaration of truth for affidavits
9. Execution Block: Space for deponent's signature and commissioner for oaths' attestation
1. Mortgage Status: Required if there is an existing mortgage on the property
2. Special Conditions: Needed if the property transfer involves special conditions or restrictions
3. Third Party Interests: Required if there are any third-party interests or claims on the property
4. Power of Attorney: Needed if the transfer is being executed through a power of attorney
5. Spousal Consent: Required if the property is matrimonial property requiring spouse's consent
6. Corporate Authorization: Needed if the transferor is a corporation, including board resolutions
1. Property Schedule: Detailed property information including floor plans, boundaries, and facilities
2. Title Documents: List of relevant title documents and their registration particulars
3. Encumbrances Schedule: Details of any existing encumbrances, if applicable
4. Supporting Documents: List of attached supporting documents (e.g., search records, government lease)
5. Identity Documents: Copies of relevant identity documents of the deponent
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking and Finance
Property Development
Construction
Professional Services
Government and Public Sector
Corporate Services
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Corporate Secretarial
Administration
Finance
Risk Management
Relevant Roles
Property Lawyer
Conveyancing Solicitor
Legal Executive
Property Manager
Real Estate Agent
Compliance Officer
Corporate Secretary
Land Registration Officer
Property Officer
Legal Administrator
Commissioner for Oaths
Bank Manager
Property Valuer
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