The act of acceptance and transfer to the gift agreement - when it is drawn up, how it is drawn up

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The act of accepting the transfer of an apartment under a gift agreement is an indispensable part of this type of transaction. The procedure for transferring real estate free of charge is a fairly common form of alienation of valuable property. The procedure for donating real estate is regulated by the provisions of Chapter 32 of the Civil Code of the Russian Federation (the rules for concluding and terminating transactions are disclosed in Chapter 9).

One of the stages of re-registration of a real estate property is the signing of an act of acceptance and transfer of property on the basis of a gift agreement.

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Characteristics of the deed of gift

The deed of gift can be characterized by the following aspects:

1. The procedure for alienation of real estate occurs free of charge. The donor does not have the right to demand any services from the recipient or include various conditions in the contract.
2. If the deed of gift is concluded with a close relative, the mechanism of alienation of property is not subject to tax.
3. The Agreement cannot be terminated, annulled or revoked unilaterally. Termination of the transaction occurs solely by the voluntary consent of both parties or in court.
4. The deed of gift for an apartment is drawn up in writing and is subject to state registration.
5. The property becomes the property of the donee immediately after signing the contract. To certify the fact of transfer of ownership, an act of acceptance and transfer of the apartment is drawn up.

Main contents of the act

According to the principle of civil law, the parties can independently determine the content of the agreements they enter into between themselves. The content of the additional documents, which recognize the act of acceptance and transfer, completely depends on the content of the agreement.

However, due to the nature of such an act, civil legislation provides for mandatory requirements for the content, which are as follows:

• the document must contain information about the parties;
• it must indicate the details of the agreement on the basis of which it is drawn up;
• it is necessary to indicate the exact date of the actual transfer of the apartment, from which the donee begins to dispose of it;
• You must indicate the address of the apartment that is being donated.

Otherwise, the rules of business document flow apply, according to which the document must have certain details:

• date of compilation;
• place of compilation;
• signatures of the parties.

Such requirements are not expressly provided for in the legislation. However, the Civil Code of the Russian Federation contains a reference to business customs as a source of civil law.

Otherwise, the parties have the right to independently determine the content of the act. So, for example, such a document may include the conditions for the transfer of an apartment, maintenance rules, and so on. They are not binding and after registration of property rights they lose all legal content and do not oblige the parties to anything.

We recommend that you read:

How to draw up an act of acceptance and transfer of an apartment in a new building

Act of acceptance and transfer of real estate

In accordance with the legislative norms prescribed in Chapter 32 of the Civil Code of the Russian Federation, registration of the transfer deed is not a mandatory procedure.

The act of acceptance and transfer of a real estate object is a confirmation of the fact that the donation took place and the real estate became the property of the donee. Based on this document, the transaction can be considered valid and legal (the document is drawn up in two copies).

The transfer deed additionally serves as confirmation of the fact that both parties are fully familiar with the terms of the transaction (for example, the donee knows about the condition of the transferred property). Accordingly, if there is a transfer deed, it is almost impossible to challenge the donation procedure.

Acceptance and transfer deed to the donation agreement in 2020 - a sample of an apartment, land plot, money

The legislation of the Russian Federation establishes the possibility of donating property that is privatized and in the personal ownership of citizens.

The donation process must be carried out in accordance with legislative norms - a fairly extensive list of various papers is required.

The most significant of the additional ones is the act of acceptance and transfer of the gifted owner. The process of giving is associated with many different features, distinctive features and subtleties.

Preliminary theoretical preparation will allow you to avoid mistakes when drawing up a document and its text. First of all, this concerns the process of drawing up documentation.

There is a list that must be compiled. One of such documents is the act of acceptance and transfer of an apartment when donating secondary housing.

Moreover, according to the donation agreement, such a document must be drawn up in any case.

General aspects

Is an act of acceptance of the transfer required for the apartment donation agreement? This question will have to be decided by the relatives even before the start of drawing up the deed of gift.

Today there is no legal norm that would make the use of such an act in a transaction of this type mandatory. Therefore, all the subtleties will need to be worked out in advance.

The format of the transfer document depends on the type of property that will be transferred. The document template is usually generated in at least 2 copies.

Important!

It is necessary for the formation to prepare passports, as well as some other mandatory documents.

If you have no experience in forming, it is best to contact a lawyer. Especially if a vehicle is being donated.

What you need to know

The transfer and acceptance certificate is a special document that is drawn up in the event of a transfer of ownership rights. A sample of such a document can be easily found on the Internet.

For donations, purchases and other transactions, the form remains standard. But it should be remembered that the document without which drawing up a deed will simply be impossible is a gift agreement.

It includes a fairly large number of different sections. A separate point concerns the transfer of funds.

This section necessarily contains a specific list of positions:

• date of receipt of funds;
• method of transfer of ownership and some other points.

Cases of apartment fraud are not uncommon. And most often it is at the stage of transferring funds.

The law regulates this procedure. There are a large number of different schemes to protect the buyer and his money.

In the case of buying an apartment, there are usually quite significant amounts of money involved. Therefore, caution is never too much.

For what purpose is it created?

The act of acceptance and transfer of real estate allows you to implement a fairly large number of different tasks.

First of all, these include the following:

• establishing that the parties have no claims against each other;
• identification of defects and other issues regarding specific real estate;
• establishing the absence of points that may be grounds for declaring the purchase and gift agreement invalid;
• designation of the very fact of transfer of real estate for use by the new owner, recognition of the transaction as valid and completed.

Legal grounds

The most significant regulatory document regulating the issue of drawing up an acceptance certificate is Chapter No. 32 of the Civil Code of the Russian Federation.

In addition to this article, you should definitely consider the following articles:

There are a large number of different nuances associated with drawing up the deed of transfer and deed of gift.

You will need to familiarize yourself with all of them in advance - their full list is indicated in the legislative norms.

This way it will be possible to avoid a large number of various difficulties, legal proceedings and other difficulties. : act of acceptance of transfer of real estate

The act of accepting the transfer of a share of an apartment under a gift agreement can be drawn up in different ways. The very fact of its presence will allow you to avoid many problematic situations.

Especially if any expensive property is being donated. All important points will need to be worked out in advance.

The procedure for re-registration of housing to another owner is associated with many legal nuances and aspects.

It's worth exploring them all if possible. First of all, you should pay attention to the following points:

Is a gift agreement an act of acceptance and transfer?

The question often arises as to whether the gift agreement itself is an act of acceptance and transfer?

According to the legal classification, the answer is negative. The transfer and acceptance certificate form can be downloaded here.

But it should be remembered that the gift agreement itself implies the transfer of property rights. Moreover, it is possible not to draw up any additional documents at all.

But in some cases, a transfer and acceptance certificate is required. The standard set of questions that you will need to familiarize yourself with in advance include:

• what documents need to be collected;
• registration of deed of gift;
• contents of the document;
• sample filling:

1. Apartments (properties).
2. Land plot.
3. Money (cash).
4. Car.

What documents need to be collected

Drawing up a transfer and acceptance certificate requires a certain list of documents to indicate reliable information.

The list of such mandatory documents today includes the following:

Registration of deed of gift

Registration of deed of gift is not required. But in some cases it is necessary to carry out registration actions with it.

For example, if the transfer of property occurs with the participation of a minor citizen.

document

The order of compilation is standard. The simplest solution is to download a ready-made form for the document in question and enter the necessary data into it.

It is important to remember the following important points:

• if one of the parties is an individual, then it will be necessary to indicate the following data:

1. Last name, first name and patronymic.
2. Full passport details.
3. Registration address;

• if one of the parties is a legal entity, then it will be necessary to stipulate in the act:

1. TIN.
2. OGRN.
3. Name of the institution.
4. Other.

• Information regarding the characteristics of the property must be reflected:

1. Property type.
2. Her number.
3. Number of rooms and area.
4. Address of the residential building.

• it is required in the act to indicate the fact of payment of the full cost of housing;
• a complete list of equipment and property that is purchased along with the apartment itself is indicated.

It is important to remember that the type of act in question may be required by the Office of the Federal Service for State Registration and Cartography.

This institution is also designated as Rosreetr. This act is required as part of the package of documents required for registration of property rights.

Sample filling

The act of acceptance and transfer itself does not have a strictly established format, but there is a list of information that must be indicated in it without fail.

This document should include the following sections:

• place and date of drawing up the contract;
• serial number of the donation agreement, as well as the date and place of its preparation;
• identification data regarding the subject of the transaction - an apartment;
• payment under the contract;
• a list of property, as well as equipment and defects that occur in the specific apartment being purchased;
• a point is indicated regarding the absence of claims from different parties in relation to each other;
• signatures of the parties are affixed with a transcript.

Apartments (properties)

When designing an apartment, you need to pay attention to:

• state of engineering communications;
• redecorating;
• property available on the premises.

Land plot

A deed of gift for a land plot can also be issued. Important points:

• be sure to include an explanation;
• It is required to indicate the cadastral number.

Money (cash)

In the case of donating money, you need to draw up not an act of acceptance and transfer, but a regular receipt. In this case, it will be very simple to confirm the fact of transfer.

Car

It makes sense to draw up a deed only when making a gift to a stranger. In this case, it is necessary to indicate in the document all existing deficiencies.

Terms of imprisonment

The validity period of a gift agreement is not directly established by law. But it is important to note that it is valid and giving the right to property only during the lifetime of the parties.

In the event of the death of the donor or recipient, and if the registration of property rights has not been carried out until this moment, the right to the property is necessarily lost.

Drawing up the act of acceptance and transfer has a number of nuances. The best solution is to obtain preliminary consultation from a lawyer regarding registration.

Features of the transfer deed

A transfer deed can be drawn up both for the alienation of real estate and for the transfer of movable property. The main aspect, regardless of the type of property being transferred, is the absence of unilateral and mutual claims between the parties.

The act of acceptance and transfer of real estate is not a mandatory document and serves solely as insurance in the event of various kinds of disputes and claims regarding the donated property.

A deed of transfer is not required when signing a gift agreement and is not registered with government agencies (Rosreestr).

The deed of acceptance and transfer must necessarily contain a link to the deed of gift (the document specifies the details of the donation agreement). The transfer deed will constitute indisputable confirmation of the fact that the transaction has taken place.

If there are several persons on the part of the donee, the transfer and acceptance act must contain information about each of them. The document necessarily reflects the fact of acceptance of the gift by each interested party and the absence of claims against the donor on the part of the recipient. The document must contain the signatures of all parties to the transaction.

The meaning of the act of acceptance and transfer

What is the meaning of the act of acceptance and transfer? Is an act of acceptance and transfer required for an apartment donation agreement? The legislation does not establish the drawing up of such an act as mandatory. When a gift agreement is drawn up, the actual acceptance of the gift by the donee does not matter. After drawing up such an agreement, the donor will no longer be able to refuse it, and no one will be able to challenge the ownership of the donee.

The exception is cases where the deed of gift was of a consensual nature and by the time specified in the agreement as the moment of transfer of the apartment, the financial situation of the donor has significantly worsened. In this case, the deed of gift may be canceled by the donor.

Thus, the deed of acceptance is mandatory when the donation is consensual. Thus, the legislation determines the moment from which the consensual agreement becomes irrevocable.

In general cases, the following rules apply to the act:

• if the agreement is not intended to be consensual, then the act is not presented when registering the apartment in Rosreestr;
• the act is a document that certifies the rights of the donee, as well as the fulfillment of the obligations of the donor in the event of disputes;
• When donating between close relatives, the presence of the deed does not matter.

Thus, if the donee and the donor are in a close family relationship, they may not constitute an act of acceptance and transfer. In all other cases, the preparation of such a document is of a recommendatory nature.

Based on the practice of resolving disputes arising from gift agreements, it should be noted that the courts pay attention to the moment of the actual transfer of the apartment. As already noted, civil law provides for some grounds on which a donation can be cancelled. Some of them have legal force only if the actual transfer of rights to the property has not yet occurred.

So, if one of these grounds arises from the moment the deed of gift is concluded and until the moment of actual transfer of the apartment, then the court can cancel the deed of gift. To determine such a moment, an act is required. If such an act has not been drawn up, then it will not be possible to confirm this circumstance.

In addition, the act is a document that certifies the acceptance of the apartment by the donee. Since the donation agreement itself does not provide for the participation of the donee, if such a document is destroyed without registering the rights to the apartment, it will not be possible to prove the fact of the donation.

In the act of transferring the apartment, the donor, for his part, confirms his intention, and the donee certifies the fact that he has accepted the apartment at his disposal. It is drawn up in two copies and is in fact the only document that reflects the essence of the transaction. After all, the donee does not always receive a deed of gift.

Thus, the main significance of such an act lies in its certifying nature, which becomes the defining moment in resolving disputes regarding gift relations.

Contents of the real estate transfer and acceptance certificate

The current legislation does not regulate the content of the document. The act can be drawn up in free form. However, the document must necessarily reflect the following information:

1. Document's name.
2. Information about the parties to the transaction (passport details of the donor and recipient, place of registration and residence of the parties are indicated).
3. The document reflects a complete technical description of the object being donated (for example, address, location of the property, technical data, floor, etc.).
4. If we are talking about part of the property, the agreement must contain information about the size of the alienated share.
5. Depending on the type of real estate, the act indicates the fact of transfer of related documentation, keys to the apartment, and so on.

The transfer deed must be signed by both parties. The signatures of the parties indicate that they are aware of the terms of the alienation of real estate, that the transaction was completed on the day the document was signed and the parties are fully satisfied with the process.

Notarization makes the deed a fully legal document.

If the contract is concluded through a representative, such person is required to provide a power of attorney (the details of the power of attorney are additionally indicated in the deed of transfer).

Gift Restriction

Current legislation provides for a circle of persons who do not have the right to act as donees. It is prohibited to accept property as a gift and to draw up an acceptance certificate:

1. Employees of the institutions in which the donor is detained (for example, staff of a nursing home or medical facility). It is also impossible to carry out the donation procedure with relatives of this personnel.
2. Employees of government agencies and organizations, representatives of guardianship and trusteeship authorities.
3. Minor citizens without an official representative (parents of a minor or employees of guardianship authorities can act as a representative).

The following persons do not have the right to act as a donor:

1. People suffering from mental illness.
2. Persons under the influence of alcohol or drugs.
3. Citizens limited in their legal capacity by a court decision.

Author of the article: Petr Romanovsky, lawyer Work experience 15 years, specialization - housing disputes, family, inheritance, land, criminal cases.

Useful information on inheritance disputes

• Gift deed or will - which is better?
• Deed of gift with the right of lifelong residence
• Cancellation of deed of gift
• Challenging the deed of gift
• Gift agreement between close relatives
• Cost of deed of gift
• Documents for deed of gift
• Registration of a gift agreement
• Deed of gift with deferred rights of entry into property
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• The difference between a will and a deed of gift
• Agreement for the determination and donation of shares
• Gift tax
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• Gift deed after the death of the donor
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• Deed of gift for a plot of land between close relatives
• Registration of real estate donation agreement
• How to draw up a deed of gift for a share in an apartment
• Transfer deed to the apartment donation agreement
• Gift agreement: pros and cons
• Gift deed for a relative's car
• Husband's consent to donate an apartment
• Is it possible to terminate a gift agreement?

Donating an apartment

The gift transaction is considered the simplest in civil law. However, before you commit, you need to understand all the nuances.

The Civil Code of the Russian Federation (Civil Code of the Russian Federation) does not contain instructions on the mandatory preparation of such a document as an acceptance certificate when making a transaction of this type. But its absence may cause problems if controversial issues arise in the future.

If the deed spells out in detail the subject of the transfer with all its shortcomings and indicates the absence of claims on both sides, then the transaction is almost impossible to challenge in the future.

In addition, the donation is considered completed from the property is transferred This fact is also indicated in the act. However, in order to bring the transaction to its logical conclusion, it is necessary to register the ownership of the new owner in Rosreestr.

In the case where the donation is made between close relatives , it is advisable not to neglect all legal aspects. This is insurance against future litigation.

Get free legal advice by asking a question in the form below!

Also, if you are donating a property that has arrears in utility bills, it is better to indicate this in the contract and in the deed of transfer. In addition, it is worth indicating which party is responsible for repaying the debt .

Is an act of acceptance of transfer required for an apartment donation agreement?

When making real estate transactions such as purchase and sale, barter and others, civil law necessarily requires the signing of a document such as a transfer and acceptance certificate . However, this is not provided for by law when making a gift.

However, the Civil Code of the Russian Federation does not prohibit drawing up an act of acceptance of the transfer when registering a deed of gift. From a legal point of view, the inclusion of such a document in the gift agreement is very desirable, since it is it that confirms the fulfillment of obligations under the agreement.

Attention!

The transaction of donating an apartment is considered completed from the moment it is transferred to the new owner. Accordingly, it is better to make such a transfer using a transfer deed.

If a part of the property (share) is donated, its size . In this case, the contract and act must contain all the characteristics of the entire apartment (address, area, floor, number of rooms, etc.).

Act of acceptance of transfer of apartment upon donation (sample)

The act of acceptance and transfer of the apartment is confirmation of the transfer of the property of the donor to the donee. So, if the act is signed by both parties to the transaction, this is evidence that the obligations under it have been fulfilled .

Since there is no strict form for such an act, it can be drawn up in any form by agreement of the parties. However, this document must necessarily contain:

1. Name . It should be clear from it what the document is and in pursuance of what agreement it was drawn up.
2. Personal data of each party to the transaction. In the case when an apartment is donated as shared ownership, the details of all new owners . Also, if one of the participants in the transaction is represented by a proxy, the details of the power of attorney are indicated.
3. The property is described in detail (location, area, cadastral number, etc.). If a share in an apartment is transferred, then the details of the entire apartment and the size of the transferred share are indicated.
4. Transfer of documentation for the apartment (for example, technical passport), keys. In addition, you can specify a specific date and time when this will happen.
5. An indication of the existing shortcomings of the apartment (if any).
6. No claims against each other on both sides.

In the event that the parties decide to resort to drawing up an act of acceptance and transfer, then this should be indicated directly in the gift agreement itself.

https://www.youtube.com/watch?v=xYOfchPFVH8

This document can be either an annex to the agreement or a separate document.

The apartment transfer and acceptance certificate is drawn up in at least two copies . In the event that it is an annex to the gift agreement, then in three (for Rosreestr).

The moment of transfer of an apartment under a gift agreement

After signing the act and completing the actions prescribed in it, the transaction is considered completed. However, it is worth understanding that the transfer of ownership and the acceptance of a property as a gift are not the same thing.

In order to become the owner of an apartment, the gift transaction must be registered with Rosreestr. Without this, you cannot dispose of real estate.

In accordance with Part 2 of Art. 223 of the Civil Code of the Russian Federation, real estate is recognized as belonging by right of ownership to the donee only from the moment of state registration of the right to it.

In addition, the donation agreement and the transfer and acceptance certificate may indicate that the apartment is transferred to the donee from the moment of state registration. Then these two points will coincide.

Also the law in Art. 572 of the Civil Code of the Russian Federation provides for the possibility of promising to make a gift in the future. This in itself delays the transfer of the apartment at the time of the transaction, and, accordingly, the signing of the transfer and acceptance certificate.

Example

Between Sedakov P.I. and Korobov A.P. An apartment donation agreement was concluded and a transfer and acceptance certificate was signed. However, ownership has not yet been properly registered. At the same time, in the paragraph about the shortcomings of the apartment, it was noted that there was a lot of wear and tear on the pipes and plumbing.

There was a sewer pipe break. As a result, the neighbors were flooded. Neighbors demanded compensation for damage caused by the flooding.

Important!

The recipient refused to compensate for the damage, citing the fact that the ownership of this apartment had not yet been registered with the Rosreestr Office. The parties went to court.

The court ruled in favor of the donor, that is, the donee must compensate for the damage. The court proceeded from the fact that in fact the right to use the apartment was transferred to the donee. In addition, the act indicated the shortcomings of the property, which were the cause of the flooding. The recipient was aware of the shortcomings, he did not mind accepting the apartment in this condition and had no complaints.

How to give an apartment as a gift to a relative

Giving an apartment as a gift to a relative is no different from giving it to a stranger.

Moreover, the need to sign the act depends on how close the relatives are and on the trusting relationship between them.

As a rule, if a gift transaction occurs between close relatives, then drawing up an agreement and deed is only a formality.

This is due to the fact that the donee can already use the real estate.

It is still advisable to sign the deed in case of transfer of part of the apartment (share).

This is due to the fact that donating property that is jointly owned is possible only with the consent of all co-owners .

To avoid legal disputes between owners in the future regarding the gift, the deed should describe in detail the subject of the gift , which is accepted by the donee.

Is it possible to donate an apartment with debts on utility bills?

An apartment that has arrears in utility bills may be the subject of a gift agreement. The new owner may accept the apartment along with the debt, or may refuse to accept such a gift.

According to the general rule of civil law, the obligation to pay utility bills is assigned to the owner of the property (Part 5, Clause 2, Article 153 of the Civil Code of the Russian Federation).

Consequently, if there is a debt on such payments, at the time of alienation of the apartment under any transaction, the debt does not pass to the new owner, but is registered with the previous one .

Advice!

Thus, the debt can pass to the donee only with his consent .

In this case, the contract and the act of acceptance and transfer of the apartment should indicate the amount of debt and the fact that the new owner accepts it along with a gift. If this clause is not present, it means that the debt on utility bills will remain with the old owner.

Conclusion

It is very important to comply with all legal subtleties when making any transaction. And donation is no exception to the rule. If you do everything correctly, it will protect you from legal disputes and from invalidation of the transaction.

To register the above transaction, it is not necessary to submit an act of acceptance and transfer of real estate to Rosreestr, but it is better to sign it, even if the transaction is carried out between close relatives. As a rule, relatives who are parties to such transactions trust each other and neglect to draw up the act.

However, if it is compiled, it is necessary to take a responsible approach to its content:

1. Provide full details of the parties and their proxies;
2. Clearly identify the object that is given by the donor and accepted by the recipient.
3. Describe the apartment’s shortcomings, of course, if there are any.
4. Be sure to indicate that the parties have no claims against each other regarding the subject of the transaction.

Donating an apartment with debts

I received an apartment as a gift with debts on utility bills. How can I now prove that I am not involved in the debt?

In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner is obliged to bear the burden of maintaining his apartment; accordingly, the debt for utility bills is registered with the owner. The new owner of the apartment is not responsible for the obligations of the previous one.

It is best, if you accept a gift of real estate that has a debt, but do not agree to pay it, write a separate clause in the transfer and acceptance certificate stating that all obligations related to debt on utility bills remain with the donor.

If this has not been done, you must proceed as follows: take copies of documents confirming ownership of the apartment (a previously issued certificate of registration of rights or an extract from the Unified State Register of Real Estate) to the management company and write an application to open a new personal account for the new owner.