Why do I need a Power of Attorney (POA) for gifting a property?

What is a Property Gift Power of Attorney?

A Property Gift Power of Attorney is a legal document where the donor gifting the property, or the recipient receiving it, authorize another person to handle the gift transfer on their behalf. They sign the required documents, they visit the trustee office, and completed the paperwork through the Dubai Land Department.

In Dubai, gifting property is called Hiba. It’s the DLD-registered way to transfer a title deed to a first-degree relative without a sale. The person giving is the donor, the person receiving is the recipient. A Property Gift POA simply hands your role in that transaction to someone you trust.

A property gift in Dubai isn’t real until it’s registered and a new title deed is issued. 

Can a Power of Attorney gift property?

Yes, A Power of Attorney can be use for property gifting on your behalf, as long as the POA is drafted specifically for that purpose and clearly grants the authority to carry out a gift (Hiba) transfer of the named property.

A Hiba is irrevocable once registered. Once that new title deed is issued, the donor cannot subsequently withdraw the gift. A POA gives a representative the authority to complete the gifting, but does not permit to revoke it subsequently.

For the complete breakdown of the transfer itself, every fee, document, and DLD step, our in-depth guide to gifting property in Dubai covers the whole process from valuation to new title deed. 

Why you need a Power of Attorney for gifting a property

In-person attendance is mandatory for both parties

If either the donor or the recipient cannot attend in person, a notarized Power of Attorney authorize a representative to act in their behalf for the gifting transaction. 

The documentation process exceeds the transfer itself

Before reaching the counter, there’s a property valuation from the DLD, a No Objection Certificate from the developer, and proof of relationship with the recipient. Without a valid valuation certificate, the DLD won’t proceed. 

If your marriage or birth certificate was issued abroad, it has to be translated into English/Arabic language, attested by the MOFA in the Country of Origin, UAE Embassy in the Country of Origin, and UAE MOFAIC, to be accepted. 

A power of attorney safeguards a significant cost advantage

People gift property largely because of the savings. A qualifying gift is registered at 0.125% of the valuation versus 4% for a sale. On a AED 2 million property, that’s the difference between roughly AED 2,500 and AED 80,000. You don’t want that benefit slipping away because a signature couldn’t be obtained in time. 

It keeps family plans on track

Most property gift transfers are made as part of succession planning. A POA allows a parent residing abroad to complete the gift transfer to a child in Dubai without requiring both parties to be present at the same time.

Don’t let a missed signature cost you the savings or the trip. Get your Property Gift Power of Attorney drafted online and let someone you trust complete the transfer at the DLD while you stay exactly where you are. 

Getting your Property Gift POA sorted

The smart move from the start is a special POA drafted for the gifting, not a generic template you found online. To be accepted at the DLD, it needs the following:

• Name the property, including its details as per title deed reference.
• Name your representative, the person authorized to act for you.
• Spell out the authority to complete the Hiba (gift) transfer specifically.
• Be properly executed, which means complete the Notarization.  

Frequently asked questions

   1) Can a Power of Attorney be use to gift property in Dubai? 

Yes. A special POA drafted for the purpose can authorize a representative to complete a property gifting (Hiba) transfer at the Dubai Land Department on your behalf. It needs to name the property and clearly grant gift-transfer authority.

   2) Who can I gift a property to in Dubai? 

Only first-degree relatives qualify for the reduced gift transfer fee: spouses, parents, and children. Siblings, cousins, aunts, uncles, and stepchildren do not qualify, and a transfer between them is treated as a standard 4% sale.

   3) How much does a gift transfer cost compared to a sale? 

A gift is registered at a DLD fee of 0.125% of the assessed value, minimum AED 2,000, while a standard sale carries a 4% fee. Other charges like trustee fees, title deed issuance, and map fees still apply.

   4) Do both people have to be present for the transfer? 

Normally, yes, both the donor and recipient attend. If one of them can’t be present in person, a notarized Power of Attorney lets a representative act in their place.

   5) Can I gift an off-plan property? 

No, the property must be fully completed with a registered title deed before it can be gifted. Each property can also only be gifted once at the reduced fee; after that, any further transfer is treated as a 4% sale. A POA can’t change those rules; it just helps you act within them.

   6) I’m abroad. Can I still set up a Property Gift POA? 

Yes. The POA is drafted, then notarized, DLD accepts it. You don’t need to fly in to start the process.

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