How to draw up a deed of gift for a house with a plot of land? Land donation agreement

Who can be officially recognized as close relatives?

First of all, it will be necessary to determine who receives the legal right to be part of the circle of “close relatives”.

This understanding will be useful in determining the list of relatives who are legally exempt from the mandatory payment of tax when drawing up a deed of gift or will.

To determine the degree of relationship, lawyers use the provisions of Article 14 of the Family Code of our state.

It states that these may be called:

relatives in a descending or ascending direct line (grandparents, parents, children, grandchildren);
blood (full) brothers and sisters, as well as half-sisters and brothers (those who have the same mother or father).

When drawing up a gift agreement, Article 54 of the Family Code, which includes: spouse, does not apply.

Form and content of the residential building donation agreement

The first basic requirement regarding the written form of concluding such contracts is regulated by Article 574 of the Civil Code (hereinafter referred to as the Civil Code). The rule on their mandatory notarization has been excluded from the law . But due to the fact that the legislation provides for certain rules for the execution of contractual documents, non-compliance with which can lead to their recognition as invalid, it is still better to use the services of a notary. This will also help in the future to minimize the possibility of challenging transactions on the grounds of Articles 168 - 179 of the Civil Code.

The optionality of notarization of housing alienation agreements has led to an increase in cases of illegal actions with it. Senior citizens often confuse a gift with a will and, as a result, end up on the street. The duties of the notary include notifying the donor about the legal consequences of the gift transaction concluded by him, its irrevocability and the transfer of ownership of the donated real estate to the donee.

The parties to a residential building donation agreement can be any subjects of civil law, including individuals and legal entities who must have the right and legal capacity . But Articles 575 and 576 of the Civil Code contain prohibitions and restrictions regarding participation in transactions of some of them. In particular, this applies to minors, commercial organizations, officials and workers of social services, medical and educational institutions, as well as foreign citizens.

Important

An essential condition of a residential building donation agreement is its subject. Without a clear definition of the subject matter, the transaction will be considered unconcluded. Consequently, ownership of the real estate cannot be transferred to the donee.

In addition to the fact that the gift document must contain the express intention of the donor to give a gift to a certain person and the consent of such person to accept the gift , it must indicate specific data that characterize the object of the gift in as much detail as possible - a residential building. This:

location address;
common and living area;
type of building (wooden, brick or other);
number of floors;
number of rooms;
information about the land plot on which it is built;
name and area of utility buildings on the site (if any), etc.

Only the person who is its owner can donate real estate. Therefore, the agreement must reflect information about the title document confirming the donor’s ownership of a residential building, land plot and outbuildings, if necessary.

The deed of gift also stipulates the rights and obligations of the parties to the transaction, which, in fact, repeat the relevant provisions of Chapter 32 of the Donation Civil Code.

Attention

When making a donation of a house, the donor does not have the right to put forward any counter-conditions to the donee. Moreover, they categorically cannot be indicated in the content of the contract. Otherwise, such a document will initially be void in its essence.

However, the donor may reserve the right to use a specific room in the house and common areas by reflecting the corresponding condition in the contract. In this case, the right of ownership and disposal of the donated property passes to the donee and is simply burdened with the above-mentioned right of the donor.

Peculiarities

A special feature of the deed of gift is its one-sided procedure. The donor initially assumes all risks associated with the execution of such a document.

Important: if additional clauses are included in the contract, it may be considered void. The recipient has the legal right not to comply with additional terms included in such a document.

Registration of a transaction excludes any additional explanation of the reasons for its preparation. True, there are exceptions. Explanations may be required if a deed of gift is issued in relation to:

legal entity;
gifting between the donor and the recipient, representing commercial firms.

Such situations between close relatives do not actually occur and are not considered in such agreements.

In addition to tax preferences that relieve blood close relatives from paying tax on such a transaction, it is convenient because it allows for the execution of an agreement between stateless persons and persons with citizenship of other states.

A convenient feature of such an agreement for the parties is the prospect of immediate transfer of the property to the new owner, as well as a delayed transfer option.

For example, transfer of property registration after the death of the donor.

Important: you can refuse to fulfill such an agreement only before it is signed.

Sample agreement for donation of land and house between relatives. Donation agreement for a share of a house and a plot of land between relatives: sample.

Deal Features

The main feature of the transaction called donation is gratuitousness. The donor voluntarily alienates property in favor of someone else without demanding anything in return. An agreement that stipulates the counter-obligations of the donee is considered void.

Also, a deed of gift is not valid, from the text of which it follows that the allotment can be transferred only after the death of the donor. Although, it is possible to delay the acquisition of rights by the donor to the donated land. Contracts of this type are called consensual.

Cancellation of a concluded gift agreement is possible when the donee takes criminal actions against the donor. Relatives can challenge the deed of gift if the donor was killed by the person to whom he transferred the plot.

Another important feature is that the donated plot does not become the common property of the spouses, but remains with the one to whom it was presented. As a result, after a divorce it is not subject to division.

As already mentioned, making a gift is beneficial in relation to relatives. Otherwise, you will have to pay a hefty tax (13% of the price of the plot).

What documents will be required?

The gratuitous transfer of property involves a minimum package of documents necessary for the implementation of transactions for donating a land plot to a relative:

passports of the donor and recipient;
title documents for the house;
when transferring a land plot adjacent to a house under a donation agreement, title documents for the land plot;
description of the house and, if necessary, land plot (size, area, number of residential and utility rooms, etc.);
addresses of the parties to the transaction.

In addition you will need:

for married parties to the transaction, a marriage certificate;
in case of divorce, documents confirming the dissolution of the marriage;
if there is a marriage contract;
if there is a spouse, his consent to the transaction;
all documents that are available for the house;
BTI passport;
a certificate received from the tax office confirming that there are no debts on the house and land;
extract from the house register;
certificate of absence of debts for housing and communal services;
if necessary, permission from the guardianship authorities.

Important: such a document must necessarily include confirmation of the fact of relationship and its degree.

Registration in Rosreestr

In 2013, changes occurred; now it is not the gift agreement that is registered in Rosreestr, but the transfer of ownership from the donor to the recipient. But the basis for the transfer of ownership is a gift agreement.

In order to register rights to property, you must:

Both parties to the agreement must appear at the Rosreestr office;
Fill out applications separately from the donor and the recipient (the form can be filled out on the spot or brought with you, downloaded from the site);
Bring 3 copies of the gift agreement;
Bring the documents listed above;
Pay state fees and attach the receipt to the package of documents.

Information!

At the same time, the law does not specify the person to whom the state duty must be paid, so payment can be made by the donee, the donor, or the parties in half. The size of the state duty depends on the type of land, ranging from 350 to 2000 rubles.

10 workers after receiving the application formalize the transfer of ownership of the property, but if the contract is officially certified, then the transfer of rights will take place within 3 working days.

How is it compiled?

The uniqueness of this document is the ability to compose it yourself.

True, you will need to have certain legal knowledge in order for the document to be recognized as valid.

There is no dependence; a donation of an entire part of the property, a donation of land to a relative, or a donation of a share of a land plot is formalized.

Only the husband or wife must give their spouse consent to such a transaction. All other shareholders do not have to do this.

The procedure for registering a gift of a house and a land plot to a relative, a deed of gift for a house, a land plot or a house with a land plot are no different.

Both parties to this gratuitous transaction are involved in drawing up the gift agreement. It records the fact of the donor’s gratuitous transfer of a certain piece of real estate to the recipient with a detailed description of the transferred property with a link to the application. The appendix provides a cadastral plan (drawing) of the property indicating the cadastral number.

A clause of the donation agreement becomes a mandatory indication of the value of the property, indicating the data of the appraisal report. It also confirms that the object being donated is not under pledge or other encumbrance, that it is not in dispute or under arrest, and indicates that there are no restrictions on use.

The agreement is signed by both parties to the transaction indicating passport data in the presence of a representative of the registration authority.

Important: to properly complete the transaction, you will need to separately submit title documents for the house and land. Including documents confirming their value.

Donation of land. Legal basis

This type of agreement is regulated by the Civil Code of the Russian Federation (Articles 572–582), as well as the provisions of the Land, Family and Tax Codes of the Russian Federation.
In the case of a donation, a land plot is a part of the land (its surface, soil layer), which has certain boundaries, location, area, legal status and other characteristics recorded in documents issued by state registration authorities. So, for example, land plots include: agricultural plots, garden plots, country plots, etc. Such an agreement is concluded in writing, and it does not require mandatory certification by a notary. Please note that a gift agreement concluded after March 1, 2013 is not subject to state registration - only the transfer of ownership of the plot needs to be registered. The agreement is drawn up in 3 copies, each of which must be an original (one for the donor, the second for the donee, the third for Rosreestr). The agreement is sealed with the signatures of the specified parties.

Russian laws prohibit the donation of land in the following cases (Article 575 of the Civil Code of the Russian Federation):

minors, as well as incapacitated citizens or their representatives;
citizens (as well as their relatives) who are kept or educated in medical, educational institutions, organizations for orphans and the like, employees of these institutions;
persons who are municipal and government employees (according to their official position or performance of official duties).

Land can be donated not only personally, but also by proxy. However, a power of attorney that does not contain the name of the donee and an indication of the subject of the donation is legally recognized as void (Article 576 of the Civil Code of the Russian Federation).

Options for a separate registration of land donation agreement

can also be drawn up separately. Then it will need to be assessed separately from the house, taking into account the adjustment of the value of the plot, considered separately from the residential building standing on the territory, which is necessarily taken into account in the final cost, in most cases downward.

Form of agreement for donating a plot of land to a relative.

Deed of gift for a plot of land between close relatives: form.

Sample contract for donation of land between relatives.

Donation agreement for a share of land: sample.

Certificate of acceptance and transfer of land: sample.

In the case where a donation simply involves the transfer of a plot of land to a new owner without a residential building located on its territory, an assessment of its value and a clear definition of the boundaries of the territories will be required.

Land donation agreement, sample 2019-2020

The land donation agreement form must necessarily contain the following essential information:

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complete and reliable information about the parties to the agreement;
information about the cadastral number of the plot, its location and area;
information about the intended purpose of the site and the lands adjacent to it;
a list of buildings located on the site and their description;
confirmed information on the absence of encumbrances with the rights of third parties.

A plan of the land plot is also attached to the agreement.

Any transactions with property (including land) are always accompanied by risk, therefore, when drawing up such agreements, experts advise taking into account, if possible, any scenarios, especially the most unfavorable ones. So, for example, when giving a gift, situations arise when the donor wants to return the already donated property back. At the same time, he often motivates his position by the fact that at the time of signing the contract he was incompetent or was misled about the legal consequences of this transaction.

Therefore, in the gift agreement, it would be useful to record information about the psychological examination performed or the availability of certificates confirming that the donor is not registered at a psychoneurological dispensary. It should also be noted that this agreement was not concluded under difficult circumstances and does not represent an enslaving deal for both parties. And although, as mentioned earlier, notarization of such agreements is not necessary, this procedure will still be an additional guarantee that the donor understands both the meaning of the agreement and the legal consequences that follow.

Cancellation of donation of land:

The legislation of the Russian Federation establishes the following cases when the Donor has the right to cancel the donation:

The Donor has the right to refuse to fulfill an agreement containing a promise to transfer a plot of land to the Donee in the future, if after the conclusion of the agreement the property or marital status or state of health of the donor has changed so much that the execution of the agreement in the new conditions will lead to a significant decrease in his standard of living;

In the event that the Done has made an attempt on his life, the life of one of his family members or close relatives, or has deliberately caused bodily harm to the Donor. In case of intentional deprivation of the life of the Donor by the Donee, the right to demand in court the cancellation of the donation belongs to the heirs of the Donor;

In the event that the Donee’s handling of the donated item, which represents great non-property value for the donor, creates the threat of its irretrievable loss;

At the request of an interested person, the court may cancel a donation made by an individual entrepreneur or a legal entity in violation of the provisions of the law on insolvency (bankruptcy) at the expense of funds related to his business activities within six months preceding the declaration of such a person as insolvent (bankrupt);

The gift agreement may stipulate the Donor's right to cancel the donation if he survives the Donee.

In case of cancellation of the donation, the donee is obliged to return the donated item if it was preserved in kind at the time of cancellation of the donation.

The rules on refusal to execute a gift agreement and on cancellation of a gift do not apply to ordinary gifts of small value.

Reasons for canceling a gift agreement

Disputes and conflicts that arise are considered in the courts. The donor has the right to file a claim for termination of the contract, having serious grounds and documentary justification. Simply changing your mind and returning your property will not work, especially if the deed of gift was notarized.

Relatives of the donor who disagree with the actions taken and have grounds for doing so can also file a claim.

You can challenge a deed of gift in the following cases:

After the transaction was concluded, the health and financial situation of the former owner deteriorated significantly. Most often, such arguments are put forward by donors pointing out non-compliance with additional conditions. For example, special conditions provided for material support, which is not actually provided;
the recipient commits illegal actions and behaves unworthily towards family members;
the new owner causes conscious damage to the condition of the received object.

Court cases regarding gift disputes are among the most complex, so attention and care should be taken when drawing up a gift agreement for land and house.

Download sample gift agreements

If the deed of gift is issued for a minor child

The alienation of real estate in favor of a citizen who has not reached the age of majority also has its own characteristics. By law, minors cannot put their signature on deeds of gift and other documents. They retain the right to act as recipients, however, legal representatives must sign and perform other actions to receive the gift. These could be parents, guardians, adoptive parents or guardianship officials.

The child's representative signs the deed of gift. His data, as well as the data of the donee, are entered into this document. If the minor is not a close relative of the donor, the representative is responsible for paying personal income tax and filing a return with the tax office.

Donating a house to a relative

Before you start donating a house to a relative, hoping for an exemption from income tax, you need to familiarize yourself with the provisions of the current legislation, which clearly regulate persons who belong to the category of close relatives . Their composition, first of all, is revealed by Article 14 of the Family Code and includes among them relatives in a direct ascending and descending line:

parents and children;
half-blooded and half-blooded (having one common parent) brothers and sisters;
direct grandparents;
grandchildren;
as well as foster parents and adopted children.

Information

The donation of a house to a relative is formalized similarly to the donation of a residential building discussed above. A feature of such transactions is the need for written confirmation of the close relationship of the donor and the donee, as well as the latter’s exemption from personal income tax (clause 18.1 of Article 217 of the Tax Code).

Therefore, when concluding a gift agreement between these persons, it is not necessary to stipulate the cost of the donated housing. However, it may be needed in case of certification of a transaction by a notary for payment of the corresponding state duty and services , or, when its parties do not fall into the category of close relatives, for payment of 13 percent income tax by the donee .