How to draw up a deed of gift while in... Donating an apartment or a gift from the heart: registration procedure

Deed of gift – free transaction on the transfer of any property of one person to another person or organization.

Donation of an apartment or other real estate no different from others similar transactions , nuances appear in the text of the contract - description of the property, method of transfer.

The agreement is bilateral: it will have legal force only after acceptance (expression of consent) of the donor to accept the rights to real estate.

Who has the right to donate real estate and to whom can it be transferred?

The transfer of property as a gift (movable or immovable) is formalized by a gift agreement. It is important to adhere to the following principles:

1. You can donate only the property for which the donor has legal rights, documented by a certificate of ownership.
2. The donor must be an adult and have legal capacity.
3. You can donate property personally or through a representative. IN the latter case credentials are confirmed.
4. You can issue a deed of gift only for . Municipal housing is not subject to donation.
5. An apartment located (for example, in the case of a purchase) may also become the subject of a contract. But the transaction in this case becomes extremely risky: the bank may challenge its legality and cancel it.

If the property is located in joint ownership several people, it can only become a gift if each of the owners confirms their intention written consent certified by a notary, or express it through confidant.

You can donate residential premises in favor of the following persons:

• a citizen of the Russian Federation or several;
• legal entity: company, enterprise, organization;
• foreigners;
• children.

In addition, the deed of gift for an apartment may indicate (not necessarily equal) which are due to several recipients.

Cases of inability to dispose of property

Property owned by children or incapacitated citizens, cannot act as a gift. A guardian, adoptive parent, parent or trustee in this situation does not have the right to sign documents on behalf of his ward.

In addition, children act as co-owners of their parents’ housing, therefore cannot manage the apartment alone.

It is impossible to complete the act of donating an apartment if this procedure is executed:

For example, if the donor is a resident of a boarding school or nursing home, the recipient of the property cannot be the teacher of this institution, even when the apartment is actually donated by relatives (legal representatives) of the disabled person.

In addition, it is impossible to make a donation between two organizations commercial in nature.

Restrictions are also imposed on officials. Recipients cannot be municipal, civil servants, or employees of the Bank of the Russian Federation in some cases. For example, it is prohibited for a defendant to donate property to the judge presiding over his case.

Subject and terms of the agreement

If the subject of the transaction is an apartment, the contract describes it as follows:

The conditions of the donation are:

1. Gratuitous. The property is transferred free of charge. If the contract contains an indication of payment in cash or in kind, transfer of rights or claims, the transaction is void.
2. Acceptance of the gift. Until the recipient expresses consent to take ownership of the property, the agreement will not be considered reached.

The terms of the agreement are:

1. The subject of the agreement is a description of the property that is being transferred.
2. Term. It may not be indicated, then it occurs immediately after signing the document, or it may be indicated. The latter option means that the recipient will be able to use the property after a certain time specified in the text.
3. Transfer of ownership. According to the law, rights to property cannot be transferred after the death of the recipient to his heirs if he did not have time to assume rights. But the contract can specify a different procedure for transferring rights to third parties.

At the discretion of the parties, other conditions may be present in the text. For example, a donor can transfer an apartment only after the occurrence of some event: the recipient’s marriage, completion of education, and so on. Such conditions are classified as random.

What terms of the contract will allow the owner to secure the transaction?

To minimize the risk of being deceived, owner-donors can draw up conditional donation agreement for an apartment, which may contain the following items:

The essence of such an agreement is that the owner of the apartment, giving it as a gift, specifies in the agreement all the conditions for the recipient to receive the property.

The rights to the apartment are transferred only when all points are fulfilled (and there may be several of them). And it doesn’t matter whether the donor is alive or dead. The recipient will be able to register ownership only when he provides all evidence of fulfillment of the conditions.

Grounds for termination and cancellation of a transaction

Deed of gift for an apartment, as opposed to - irreversible agreement. only possible if both parties agree to it. Otherwise you will have to file a lawsuit. In addition, documents and strong evidence will be required to cancel the contract.

Such reasons are described in Article 578 of the Civil Code of the Russian Federation:

Termination at the initiative of the former owner can only occur in the following cases:

• the recipient of the apartment made an attempt on the life of the donor or his family;
• the donor has survived the recipient, and the right of return is specified in the text of the contract;
• a deed of gift was drawn up in the future, but financial condition the owner's property has deteriorated greatly, and the transfer of the apartment will lead to an even greater deterioration in the quality of life.

When drawing up a deed of gift, you should take into account all these nuances, write down all wishes in the contract, since cases of cancellation in judicial procedure This type of transaction is rare. If the donor is not sure about the recipient, it is worth drawing up a will.

A deed of gift is most often a way of transferring property (apartments, private houses) between close relatives.

Video: Registration of the transfer of rights to real estate through the donation of residential premises.

They understand in the video current issues donation of real estate in Russia.

Advice is given on what real estate can be donated and to whom, how the gift transaction is drawn up, what documents will be required to conclude it, and how to quickly go through the procedure of re-registration of rights to real estate.

Last updated February 2019

A gift agreement is a transaction, otherwise known as a gift, when the donor gives the donee a property, including real estate, for free:

• apartment (or share in an apartment)
• house (or part of it)
• land plot

Who usually donates real estate?

Often, deeds of gift are drawn up by close relatives instead of bequeathing to children or grandchildren. Mass media . This is done:

• avoiding the six-month wait for inheritance after the death of the owner;
• if the donor wants to deprive one of the “heirs at law” of the inheritance by donating the apartment to only one heir or not at all (since it is more difficult to challenge a deed of gift than a will);
• prevent inheritance disputes.

Distant relatives or unrelated people gift real estate much less often.

In addition to the standard gift - drawing up a deed of gift between the owner and the donee, there is also veiled donation. When a relative gives money to buy a gift, for example, any apartment. This is indicated in the money donation agreement. This protects the donee in the event of a division of property with his spouse during a divorce, if the money is spent purposefully.

Example: A grandson buys an apartment, but his grandmother pays the seller and the purchase and sale agreement states that payment is made by a third party. Thus, the grandmother gives the apartment without being the owner.

This method of donation is usually used in young families, when relatives-donors want to donate real estate and receive guarantees of its preservation in the event of (their son, daughter or grandson).

Registration of the transfer of ownership in Rosreestr is mandatory

It is important to properly formalize the gift and undergo state registration.

The donee has the right of ownership of the apartment not from the moment of signing the contract, but from the moment of registration of ownership in Rosreestr.

Sometimes the donor PROMISES to donate an apartment in the future, indicating the date of transfer in the gift agreement. You cannot come to the Registration Chamber earlier than the deadline specified in the contract; registration will be denied. The grounds for registration begin after the day of donation.

Example: The agreement states that they want to donate on December 10, 2018, but they want to register ownership on April 10, 2018. Registration will not be possible without correcting the date.

What to do if the donor died before registration?

If the deed of gift was signed, but did not go through the registration procedure due to the death of the donor, the donee can defend his right in relation to the donated property in court.

The registrar will have no objection and will accept documents when ordered to do so by court order.

When donation is prohibited

• from minors and recognized by the court incapacitated persons by their parents and guardians;
• medical, educational, social organizations, from persons who are being treated, educated, supported in these institutions, as well as from their spouses and relatives;
• local/federal officials in connection with their official position;
• between commercial organizations;
• if there is no consent for donation from the co-owners of the apartment in common joint ownership (if shared ownership consent is not required).

We draw up an agreement

A deed of gift for real estate is not required mandatory certificate at a notary, with the exception of:

• donation of a share;
• the gift is in shared ownership;
• transaction on behalf of a minor under the age of 7 to 18 years.

An agreement drawn up by a notary has one strong advantage - it is much more difficult to challenge.

Registration by a notary

During the initial application, the notary will ask to confirm ownership of the gift, check the identities of the parties,, if necessary, formalize the consent of the donor’s spouse (if necessary) and draw up an agreement. Why you need to provide documents:

• passports of those participating in the transaction;
• real estate documents;
• an extract from the state register for the property;
• permission of guardianship, consent of third parties.

Then the donor and donee sign the agreement in the presence of a notary. If the consent of the donor’s spouse to the transaction is required, then the spouse must also appear, since the notary not only certifies the agreement, but also verifies its legality.

The notary will charge a fee for his services at the established rate:

• If the gift is given to a spouse, parents, children or grandchildren - 3,000 rubles. + plus 0.2% of the contract price, but not more than RUB 50,000.
• If other persons are gifted with real estate worth up to 1,000,000 rubles, the tariff will be 3,000 rubles. + 0.4% of the transaction amount; up to 10 million rubles. - 7,000 rub. + 0.2% of the transaction amount that exceeds 1 million, but in total- no more than one hundred thousand.

Registration without a notary with the help of realtors or lawyers

If the transaction is not formalized by a notary, then a written form of the gift agreement is still required (). Particular care must be taken to ensure that the following is stated correctly in the contract:

• names of the parties and their details- passport and other data (place of residence, year and place of birth);
• item of donation- information about the property (name of the property, its address, area, number of floors, cadastral number and other unique characteristics). This information must be as accurate as an extract from the state register;
• number and date registration record about the donor's property rights.

It would be a good idea to include the following information in the contract:

• date of transfer of real estate to the donee;
• about the donor's legal capacity that at the moment of the transaction he is aware of what is happening, gives an account and directs his actions; familiarized with the provisions of articles 572, 574,577, 578 Civil Code RF, understands the meaning and consequences of the transaction (including the consequences of termination of his property rights), etc.
• presence/absence of apartment defects, land plot that may cause harm to the health and life of the recipient, as well as his property;
• in the sections on the rights and obligations of the parties usually indicate under what circumstances the donor has the right to cancel the gift, and the donee has the right to refuse it;
• if the object has an encumbrance- mortgage, rent, rent, arrest.

The agreement is accompanied by a transfer and acceptance certificate, which indicates:

• parties to the transaction;
• object description;
• completed transfers of real estate and accessories;
• absence of mutual claims.

When encumbrances on the apartment are transferred to the donee

If the donated real estate has encumbrances and restrictions (rent, mortgage, under arrest, with rent), this must be indicated in the contract to avoid reasons for judicial reversal donations, that is:

• the encumbrance must be stated in the deed of gift;
• all obligations under such encumbrances fall on the new owner;
• Most often, the consent of the encumbrancer is required.

Example: The apartment is pledged to the bank - the mortgage agreement states that in order to transfer ownership of it, the bank's consent is required. If there is no such consent from the bank, the transaction will not take place.

For reference: What is rent? According to the rent agreement, the RENT RECIPIENT (real estate owner) gives ownership of the property to the RENT PAYER, for which the new owner of the apartment/house periodically pays the previous owner money or provides maintenance (buys food, medicine, pays bills, takes care of it, etc.) The apartment is transferred to the payer and he has the right to dispose of it - give it as a gift, sell it. And if this life annuity (maintenance of a dependent citizen until his death), then former owner

lives in this apartment and it is almost impossible to evict him. Therefore, if an apartment is sold or donated, then only together with the dependent and with his consent.

Opportunity for the donor to live in the donated property Let's say a retired relative decides to give you an apartment - his the only housing . The contract includes a condition on preserving his right to use housing after voluntary refusal from property, in otherwise

this may lead to the agreement being declared invalid. Such a condition in the contract may be regarded by the Registration Chamber as mixed contract donations with rent ( lifelong maintenance ) and suspend registration to correct the contract. But since the court can declare such an agreement invalid and if this question

is fundamental for the donor, you should insist on such a clause in the gift agreement.

We are going to the registry office To draw up a deed of gift, it is necessary to collect documents (all of them are provided in originals, photocopies of them are required, except for the agreement), before being sent to Rosreestr (its territorial body

• ) or MFC.- 3 copies (if there are several recipients, then more, according to the number of parties and 1 - for the registering authority).
• Passports of applicants.
• Power of attorney (if a representative acts), he must have a power of attorney certified by a notary.
• Technical documentation (technical plan, if at the same time there will be a cadastral registration of the subdivision).
• Land documents- if they donate a house (part of it), then it is necessary to submit documents for the land (if it is not owned, but under another right).
• If the donor is married, you must provide the consent of the wife (husband) to the alienation of property, notarized (if the object is joint property) or confirm that the subject of the agreement is not included in common property spouses (acquired before marriage).
• Parental consent- if a minor aged 14-18 years is giving or receiving a gift, then consent from the parents (adoptive parents, trustees) is required.
• Permission from the guardianship authorities and guardianship in such cases:

• • to give consent by legal representatives if a person who is between 14 and 18 years old or a person with limited legal capacity wants to dispose of the property;
  • for the alienation of an apartment (house), if relatives of the owner live there who are under guardianship or trusteeship, or minors (without parental care), if their interests may be harmed.

• With a mortgage (collateral)- if the object of donation is pledged (mortgage), the consent of the mortgagee is required.
• In case of rent - if the object of donation has an encumbrance in the form of rent, the consent of the recipient of the rent is required.
• Receipt for payment of state duty. You don’t have to provide it; the registrar can obtain the payment information independently; however, in order to avoid unnecessary questions, you should submit it right away.
• Registration Applications, they are signed by the parties in the presence of the registrar.

A specialist from a regulatory agency sometimes independently draws up applications for admission, which need to be checked and signed. Those who apply are given receipts indicating the deadline for receiving the documents.

What if not all documents are provided?

If you do not submit all the required documents, your registration may be suspended, but the completion time will depend on how quickly you submit the missing documents and how quickly the registrar resumes and completes your registration.

When should I come for documents?

IN specified period(no more than 10 days from the date of submission of documents) you should come to the registration authority and you will be given:

• extract from the state register;
• agreement with the stamp and signature of the registrar;
• They will return the original documents if you left them on file.

How much does a deed of gift for an apartment cost?

When transferring rights on the basis of a gift agreement concluded by two individuals (it makes no difference whether between relatives or not):

• the fee is paid by the donee in the amount of 2,000 rubles.
• if there are several recipients provided for in one agreement, these 2,000 rubles. are divided between them proportionally

The issue of the value of the deed of gift may include such a nuance as the payment of personal income tax in the amount of 13% of the value of the donated real estate.

Gift deed for a share in an apartment or house

When donating a share of an apartment, there are some special features. The donor can give:

• Any share that can be set aside specifically for gifting.
  Example: The donor owns an apartment - he can donate 1/2 (1/3) of the share, the remaining 1/2 (2/3) of the apartment will remain with him.
• The donor can donate part of his share.
  Example: The donor has 1/4 share in the property - he can give 1/8 share
• Donate your entire share.
  Example: The donor has 1/2 share, he gives it, or he has 1/8 - it gives it

• With shared ownership- when donating a share, no consent is required from other participants in the property (shareholders) and provision to them preemptive rights for a share (redemption rights).
• With a common joint(not shared) property - when donating part of the property, the consent of the participants in the property is required. Most often, such co-owners are spouses (former spouses).

Example: The apartment was purchased by the donor during the marriage. Subsequently, he divorced, and after some time he decided to donate ½ share of the apartment. Such a transaction will require consent ex-spouse. True, if the donee did not know about these circumstances, then it is not so easy to recognize such a transaction as invalid in court.

The procedure for registering a deed of gift for a share in an apartment (house) is carried out according to general rules as for the whole object.

Taxes - on gifts, on property, on the sale of donated property

The following are exempt from tax:

• parents, children full and not quite (if they have a common father or mother)
• grandmothers, grandfathers
• sisters and brothers

So, if you formalize the donation of an apartment to your daughter or donate half a house to your son, they do not pay personal income tax. Other relatives or persons without family ties pay tax on full cost property donated to them (cadastral or market).

Tax on the sale of donated property. However, there is a nuance - if the donated property is sold within 3 years after registration of the right, the recipient pays 13% of the difference in the cost of housing and 1 million rubles. That is, when selling real estate that has been owned for less than 3 years, the seller is required to pay tax on income (in case of gift non-taxable amount is 1 million rubles).

Example: 2 years after the deed of gift was issued (the mother gave it to her daughter), the daughter sold the donated apartment for 1.5 million rubles, the tax amount will be (1.5 million and 1 million) * 13% = 65,000 rubles.

Property tax. In addition, the donee has an obligation to pay tax (on property of individuals). Information about the emergence of a citizen’s right of ownership of housing is transferred from Rosreestr to tax office. After registering the transfer of rights to an apartment (house), the old owner pays tax until the beginning of the month in which the property was relinquished from ownership, the new owner - starting from the month in which he acquired the property.

Recognition of the contract as void

In the following cases, registration of a gift will be refused:

• when a gift imitates a will, that is, an agreement with the condition of receiving an apartment after the DEATH of the donor.
• the donor in the contract indicates the possibility of return donated real estate at his request, or a ban on further sale or transfer. True, such an agreement may still have partial force (everything except the terms of return and prohibition of rejection).
• the giver promises to give an indefinite object- for example, an apartment that he will buy next year.

Cases of cancellation of donation

• Attempt on the life of the donor

A donation can be canceled if the ungrateful recipient intentionally attempted to kill the donor, the life of his relatives, or intentionally harmed the benefactor. injuries. These facts require confirmation in court. If the donee intentionally killed the donor, the heirs have the right to demand cancellation of the donation. It is clear that in this case the attacker cannot count on compensation for his losses.

• If the donor of the individual entrepreneur or legal entity is bankrupt

Among other things, a donation made by an individual entrepreneur or a legal entity within 6 months before bankruptcy is canceled by the court if the rules of the insolvency law were violated. Interested party– a person whose interests have been harmed by unlawful actions.

• Mishandling of a gift

The donor may insist on the cancellation of the donation if the recipient of the gift treats it in such a way that there is a danger of irretrievable loss of property, which must certainly have great intangible value for the donor (roughly speaking, as valuable as a memory).

• In the event of the death of the recipient before the donor

If the donor survives the donee, then he will have the right to cancel the deed of gift, if this is provided for in the agreement.

When the donation is cancelled, donated real estate is returned to the previous owner if it is preserved in kind. Therefore, in slippery cases, such objects are quickly sold and resold.

Issues of challenging gift agreements

Oddly enough, deed of gift close relative most often disputed by other relatives - there are many examples in judicial practice (see). Here are the most common grounds for invalidating a deed of gift:

• A donation can be challenged as violating the requirements of the law (Article 168 of the Civil Code).
  • • The donor had no right to dispose of the disputed object
    • The donor did not obtain the consent of the spouse for the gift
    • When deeding a part of real estate, if the recipient knew that there was no consent of the participant in the common joint property (co-owner)
• The donation is disputed as imaginary or sham deal(in accordance with Article 170 of the Civil Code)
• If they try to prove that the donor did not understand the meaning of his actions and did not direct them (Article 177 of the Civil Code)
• If a donation is recognized as being made under the influence of a mistake (Article 178 of the Civil Code applies)
  • • Often the arguments come down to the fact that the donor did not understand legal nature agreement, had no intention of donating an apartment
    • If the deed of gift is concluded on unfavorable terms for the donor

We think you now have enough information to arrange a gift without adverse consequences.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article if you similar question If there is a detailed answer, your question will not be published.

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Every parent comes to the idea of ​​providing for their child real estate, as a guarantee of his future well-being. The process of transfer of property is accompanied by mandatory requirements. In our case, you should know what documents are needed to draw up a deed of gift for an apartment.

The legislation provides for a simple procedure for donating real estate to relatives. All necessary documents, can be prepared without any problems in as soon as possible. The main thing is that they are all legitimate and in the originals.

A deed of gift is a type of agreement that provides special conditions and consequences. In a number of aspects it differs from other contracts, and when drafting it, a number of factors should be taken into account, including the age of the parties. Let us examine this legal relationship in detail.

In this article:

Gift deed for an apartment, what is it?

This is a legally formalized agreement in which one person transfers to free of charge as a gift to another person specific property, or exempts him from property and other obligations, including from third parties (Article 272 of the Civil Code of the Russian Federation).

The agreement is characterized as gratuitous and unilateral since the person receiving the gift does not receive counter offers. Participants in a legal relationship are two parties, the donor is the one who gives the gift, and the donee is the one who accepts it.

When a classifying feature gratuitousness absent – ​​the transaction is not a gift.

Types of donation of property:

• real - the gift is transferred from the moment it is signed;
• consensual - the transfer of a gift occurs in the future, for example, when the gifted child reaches adulthood;
• conditional - or donation, transferred thing will be used strictly for public purposes.

The participants in the legal relationship are parents (one of the parents) and their children, sons or daughters. Moreover, it does not matter whether the child is adopted or adopted. Range of rights in in this case is the same.

Terms of preparation

The subject of the legal relationship in the case under consideration is real estate, an apartment. For a gift to be recognized as valid, a number of conditions must be met.

It is important to understand that both a young child and a minor can become the owner of a home. However, he will be able to fully use this gift only after reaching 18 years of age.

Until this moment, the donated item is under the control of his parents or legal representatives or guardians. At the same time, they cannot carry out any transactions with this real estate without the consent of the guardianship.

When choosing a form, it is important to know when it is prohibited to enter into said contract.

Obstacles when registering a deed of gift:

• participate incapacitated persons;
• the donor does not have all rights to the property being donated;
• a third person or persons are claiming the living space;
• the apartment is in a state of encumbrance.

One of the most important conditions– this is a clear indication and description of the subject of the deed of gift. There should be no discrepancies or misunderstandings. As for the share in real estate, it must be documented and legally designated and assigned to the person.

Form

Form means a way of reflecting the will of the parties to the agreement legal agreement depending on what its subject is, who its participants are - legal or individuals.

When donating an apartment to children, there are two forms of concluding an agreement:

1. Conclusion in simple writing without having it certified by a notary. It can be compiled in any convenient place, not necessarily at the location of the gift.
2. Notarized form. This is when an agreement is concluded in the presence of a notary, who confirms and certifies its legality.

If a gift is given between acquaintances or strangers, then it is advisable to draw up an act of acceptance and transfer of residential premises along with the agreement. When concluding between relatives, in this case parents and children, this act not required.

In what order is a deed of gift drawn up?

When it comes to donating real estate to a son or daughter, you should decide on the form of the agreement. You can choose a simple written or notarial form. If you can’t decide how to draw up a deed of gift for an apartment for your daughter, we recommend choosing notarization.

The following general procedure for its registration is provided:

1. Decide on the subject of the transaction.
2. Collect necessary certificates and evidence.
3. Get a sample contract. At notarization, it will be issued by a notary. If not, the sample can be downloaded on our website here.
4. After signing, carry out its state registration with the Rosreestr authorities.

The nuances when drawing up an agreement are the payment of taxes and duties, and the provision additional information. Real estate given to children - a son or daughter - requires several more documents in addition to those required in general procedure.

Features of donating real estate - an apartment to a daughter or son: donation procedure

Any transaction has its own characteristics. This is due to various factors: age and degree of relationship, the nature of the legal relationship being concluded.

All of them leave their mark and oblige each party to adhere to certain rules. Donating an apartment to children is no exception.

An agreement where a daughter or son is a participant is not much different from other types of deed of gift with the participation of other close relatives. However, there are some nuances.

These include:

1. Mandatory written form (notarized if desired).
2. Necessity state registration in Rosreestr.
3. Notarized permission of the second spouse, if the living space is joint property.
4. Help about market price apartments.

IMPORTANT! Gift deed to daughter no different from deed of gift to son. The law does not separate sons and daughters according to any criteria.

What documents are needed to conclude a transaction on your own?

You can download a sample contract here... A minimum of 3 (three) copies of it will be required. One remains with the donor, the other with the donee, and the third in Rosreestr. Please read it carefully and fill it out correctly. Only then should you sign.

What documents are needed to formalize a deed of gift for my daughter’s apartment? independent registration? For written downtime, they are needed for the registration chamber.

The list is as follows:

• child's birth certificate and passport;
• notarized consent of the spouse;
• extract from the Bureau technical expertise;
• personal account of registered persons (registered persons in a given living space);
• technical certificate(certificate of ownership);
• certificate of absence of encumbrances (taken from the registration chamber);
• receipt of paid taxes;
• receipt of payment of state duty;
• official consent of the guardianship authorities for minors, since the participant in the transaction is a minor;
• a notarized power of attorney, provided that one of the participants is represented by a proxy.

You can sign the agreement at the registration chamber. When the parties have signed the agreement, the entire package, except for passports, is transferred to the specialists of this body and the registration process begins. It is usually about 7 (seven) days from the date of filing.

Registration of a deed of gift for an apartment through a notary

At notarization Notary transactions, how executive, is a witness and confirms that it was concluded by the express, bilateral consent of both parties.

He is obliged to verify the legal capacity of the parties to the transaction. Gives her reassurance additional guarantees reliability. The list of documents for a notary is the same as for self-registration.

Plus to this list is added a certificate about estimated value housing and a receipt for payment of the state duty, which is already provided in Rosreestr.

At notarial registration agreement, in the event of litigation, the notary who certified it will participate in court hearing, as a participant in this legal relationship, proving the legality of its conclusion.

Arbitrage practice shows that notarized agreements in court are much more difficult to terminate.

The conclusion goes as follows step by step steps.

1 step. Preparation

Participants meet at the notary. The notary checks all certificates, passports, certificates of real estate, certificates giving the right to complete it.

Then he is obliged to verify the legal capacity of the participants in the process - legal representatives, proxies, parents.

The notary may ask whether there are any grounds or information present that may prevent the conclusion of the donation. It is advisable to make copies of passports in advance, since they will be needed in any case.

Step 2. Filling process

The notary then prints it on computer technology sample agreements and distributes them to all parties. At this stage, it is important to carefully read the printed text and understand its content. If you have any questions, do not hesitate to ask them to the notary.

If everything is clear, fill out the form correctly and scrupulously. Usually a completed form is handed out and all the citizen is required to do is read it. The main thing is to check the compliance of the entered data with the original documents.

Step 3. Signing

After all participants have read the text, they affix their signatures. After the signatures, the notary puts his signature, certifying the transaction. After which all participants are given copies of the signed document.

One copy remains with the notary, one copy each with the participants, one will go to Companies House. It is important to keep the contract until the child reaches adulthood. If you suddenly lose it, you can make a copy from a notary.

Step 4 Registration of the agreement

When idle and notarial form provides for mandatory state registration. You should go after the notary directly to the Rosreestr authorities and register the agreement.

Without this procedure, the process of transferring ownership from parent to child will not occur.

The deadlines and list of documents are the same as in simple written form.

The procedure for donating living space or a share in it to minors, registration if the son is a minor

The procedure for concluding a transaction provides for particularities due to the age of one of the parties. To give apartment for a minor a number of requirements must be met, since at every age the child has different rights.

The procedure is the same as when concluding an agreement with an adult, but there are differences, namely:

1. The son is under 14 years old and cannot sign the agreement. She will do it for him legal representative(parent).
2. A parent cannot put two signatures at the same time - as a donor and as a representative of a minor or a minor. The other parent can do this.
3. A child between 14 and 18 years old has the right to sign. However, in this case, the document must also be signed by its legal representative (Article 26 of the Civil Code of the Russian Federation), but not in contradiction with clause 2.

If we're talking about about a share in an apartment, then it must be legally designated and defined. You should also clarify whether the consent of other apartment owners is required. Here you also need a certificate proving the donor’s legal capacity.

Additional documents

The procedure for concluding a transaction where one of the parties is a minor obliges to submit additional documents, to the above list.

Among them are the following:

• certificate of relationship between the parties to the agreement;
• permission from guardianship and trusteeship authorities;
• consent of the second spouse to make a gift;
• certificate from passport office notarized.

Taking into account the fact that collecting these documents will require some time, it is better to collect them in advance.

Due to them, the concluded obligation with the participation of a minor will acquire full legal force after registration.

If any of the certificates are not provided, this may result in the suspension of registration of the transfer of ownership.

Execution and registration of the transaction

After approval of the terms of the transaction, all copies of the deed of gift and plus the above documents must be brought to the Rosreestr authorities, where the mandatory registration.

The apartment donation agreement should be registered as quickly as possible. Until the citizen does this, the transfer of ownership rights will not be formalized.

When everything is handed over, the citizen is given a receipt confirming their acceptance and the date of their receipt is indicated. Within 7 days, the entire procedure will be completed, and the recipient will be issued a certificate of state registration. The presence of a minor in this case is not necessary.

State duty and taxes

If the donation is not between close relatives, the following payment must be made: tax period to the Federal Tax Service at the location of the donee, 13% personal income tax on the cost of housing. If it is concluded between close relatives, which include children, the state exempts the citizen from personal income tax payment(Clause 18.1 of Article 217 of the Tax Code of the Russian Federation).

However, this benefit does not exempt you from paying annual tax for the use of real estate. New owner(if the child is his representative) is obliged to pay such tax annually.

When registering a gift transaction, a state fee is paid, which will be 0.3% ( minimum amount 300 rubles) and on average is about 2000 rubles. A receipt for payment must be submitted to registration authorities.

IMPORTANT! As part of a gift agreement, as a rule, all expenses for its conclusion are paid by the donee. If this is a minor or minor, his legal representative.

Donating an apartment to your daughter is very profitable and promising provision real estate of heirs. By giving housing to a minor, you can be sure that upon reaching adulthood, he will have his own living space.

The deal has a number of advantages, namely:

1. The gift, when the child gets married, will not be included in the jointly acquired property, which means that in the event of divorce or death it will not go to the second spouse.
2. Minimum tax payments- since it is concluded between close relatives.
3. A small package of documents and simple procedure registration
4. A minor will not be able to manage housing until he is 18 years old, this will protect him from rash actions.
5. Protects property from possible alienation.
6. The gift becomes the property of the donee from the moment the contract is registered.

An important feature of a contract is the correctness of its conclusion. There should be no discrepancies or absence necessary details, blots and corrections, spelling errors. The property being donated must be clearly identified and described.

The apartment donation agreement is drawn up taking into account the requirements of the law. To fill it out correctly, it is necessary to prepare a certain set of documents.

Like any agreement, a deed of gift for an apartment must be drawn up correctly. It contains data that should be filled out carefully, since any mistake may lead to the recognition of the gift agreement as invalid. That is why, without the appropriate documents, drawing up a gift agreement is inappropriate.

Regardless of whether the parties draw up a gift agreement on their own or contact a notary for this, documents are required.

Their preparation and presence performs several functions at once:

• confirmation that the donated apartment is the property of the donor;
• confirmation of the data that must be filled in the text of the contract;
• confirmation of the correctness of the characteristics of the donated apartment in the text of the contract.

The list of documents that must be collected before drawing up a gift agreement must include:

• the passport of a citizen of the Russian Federation of the donor is necessary to confirm his identity;
• passport of a citizen of the Russian Federation of the donee;
• certificate of state registration of ownership of the presented apartment;
• a document that confirms the legality of receiving the apartment, which becomes the subject of a donation. Such paper can be an agreement (donation, exchange, purchase and sale), a court decision, etc.;
• technical passport of the apartment;
• permission to donate an apartment to the second spouse, if the donor is the first, and the property was acquired while in legally married for joint funds;
• a certificate of the composition of everyone registered in the donated apartment;
• power of attorney certified by a notary for execution certain actions representative It is necessary if one of the participants in the transaction does not act personally;
• permission from the guardianship and trusteeship authorities if a minor is present as a party to the transaction. In the same case, an identification document of the legal representative is required;

After signing the deed of gift for the apartment, it is necessary to carry out state registration of ownership. To do this, you should contact the authority conducting the relevant procedure and submit there a list of documents that were collected for drawing up the deed of gift, adding to it:

• application for registration;
• payment receipt state duty for registration;
• apartment donation agreement, finalized and signed by both parties.

As a result, in order to draw up a deed of gift for an apartment and register the newly acquired right to it from the donee, it is necessary to collect a certain package of papers. It can be slightly supplemented depending on the need, but general case you will need a standard set.

The property to be donated may include a house. In order to draw up a deed of gift correctly, without errors and in accordance with the requirements of the law, it is necessary to prepare the following documents:

• passports of a citizen of the Russian Federation of the donor and recipient of the house as a gift;
• a certificate of state registration of the right to the house by the donor, as a guarantee that the property being donated belongs to him;
• paper that proves that the house was received by the donor legally (agreement, court decision or other document);
• registration certificate of the house;
• notarized consent to transfer the house as a gift to the second spouse, who is not the donor, if the house was purchased with his participation in the marriage;
• certificate of presence of persons registered in the house and their composition;
• If one of the parties to the agreement does not act himself, but with the help of a representative, a power of attorney of the appropriate form is required. The text of the power of attorney should indicate a list of actions that the authorized person has the right to perform when drawing up an agreement and further formalizing the object of donation;
• when a person under the age of majority participates in a gift transaction, permission to perform certain actions of the guardianship authorities is required in writing;
• a document confirming the close relationship between the donor and the recipient in the case when the transaction is concluded between close relatives.

For state registration of the donee’s right to a house acquired as a result of drawing up a gift agreement, it is necessary to collect the same set of documents, plus:

• gift agreement, which is signed by the donor and the recipient;
• receipt of payment of state duty;
• application for registration of rights.

Thus, registering a deed of gift for real estate requires the collection and preparation of certain documents. Their availability must be ensured in advance.

If any document is lost or was not drawn up on time, it is better to restore it in advance so that no additional problems arise when drawing up the deed of gift. If restoration is impossible, then the fact confirmed by the document must be established in court.

Donation is the transfer of property from one person to another free of charge. Most often, a gift agreement is found among relatives. The fact is that accepting a gift of property is not subject to tax. The most important thing is to arrange everything correctly with legal point vision so that no misunderstandings arise later.

The procedure for donation is described in the Civil Code of the Russian Federation, namely Ch. 32. The donor is the one who donated the property, and the recipient is called the donee. In principle, you can use the services of a notary to conclude a gift agreement, but the law does not oblige you to certify this document notarized. It can be compiled in ordinary written form. Of course, an officially certified document will help avoid various misunderstandings, but you will have to pay the notary for the services. Before carrying out a transaction, the notary will verify the legal capacity of the persons involved and determine whether they understand what is happening (what the consequences may lead to). Then he competently draws up the contract (taking into account all the nuances and features) and verifies it. Moreover, in case of loss or theft of the gift deed, you can always take a duplicate from the notary, and in case of a simple in writing

• this is impossible. So, to draw up a deed of gift for a house or apartment, you should prepare:
• participants' passports;
• certificate of ownership (another document indicating that the donor is the owner of the property);
• certificate of state registration of property (if it was registered after 1997);
• technical passport from BTI;
• house book;
• photocopy of personal account;

notarized consent of the donor's spouse (if the housing was purchased during marriage).

• The agreement is signed by the donor and the recipient; it records their passport details and place of residence. If the object of donation is a house, it is important to describe its characteristics in detail: address, number of rooms, floors, etc. When the donation agreement is drawn up (either independently or with the help of a notary), you must contact Rosreestr to formalize state registration of ownership.
• If we are talking about donating a plot, the following documents will be required:
• passport of the donor, recipient;
• ownership documents;

cadastral plan indicating inventory property;