Sample gift agreement by power of attorney - 43 tips from lawyers and lawyers

Is it possible to issue a deed of gift for an apartment using a general power of attorney?

Is it possible to draw up a gift deed in this way? If yes, in what cases? In a situation where the donor cannot take part in the transaction, you should not refuse to carry it out.

The law in Chapter 32 of the Civil Legislation provides for the possibility of carrying out this transaction through a proxy.

Thus, the legislator wants to help citizens carry out their will, even if personal presence is impossible.

However, in order to make a gift of real estate in relation to any person, it is necessary that the trustee be authorized to take all relevant actions.

For this purpose, obtaining a general power of attorney is the most important act. In this case, a power of attorney must be obtained by both a representative of an individual and a representative of a legal entity.

However, a significant difference between these situations is the fact that when a proxy acts as an authorized representative of an individual, he is elected by the person independently and is authorized by a power of attorney.

When it comes to choosing a proxy from a legal organization, then it is necessary to vest one of the employees with the appropriate powers, and in addition to the power of attorney, there must also be an order.

A power of attorney to carry out a gift transaction is considered valid until its validity period expires, or the donor himself does not take part in the transaction. And in his absence, if the appropriate powers are available, all actions are carried out by a trusted person.

How to draw up a power of attorney for an apartment?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual.

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Especially for you, we have prepared a list of July music festivals that annually welcome guests from Yaroslavl. One party trusts the other party to be a representative in all institutions and organizations regarding the acquisition of ownership of an apartment. The power of attorney was issued for a period of three years without the right of subrogation. The identity of the principal has been established and his legal capacity has been verified. Fill out the feedback form. Describe your question in as much detail as possible in simple words.

Does it need to be drawn up by a notary?

A power of attorney to donate an apartment cannot be drawn up at home. This document requires special knowledge, as well as the availability of a specific form on which it is drawn up. It is also important to take into account other nuances.

For example, a power of attorney must belong to a specific category, and therefore contain certain information. There are several types of power of attorney.

First of all, there are different categories depending on the validity period. Issue a durable power of attorney.

This means that it does not specify the period for which the trustee must exercise powers on behalf of the donor. This means that the parties, by mutual agreement, decide for themselves when the validity period will expire.

Also, there is an urgent power of attorney, which can be issued for a certain period, after the expiration of this period it can be extended, or even cease to be valid.

Also, a distinction is made between full (unlimited) and partial (limited) powers of attorney. This means that the person is endowed with absolutely all the powers of the donor, or only partially.

Depending on what conditions are specified in the power of attorney, powers of attorney are divided into those that contain the entire mass of powers, or only some specific ones.

The power of attorney must contain the following information. Thus, the power of attorney must contain information about the person who entrusts his powers to a third party.

There must also be information about the passport details of the parties. It is necessary to indicate the periods for which this document applies. The powers that the principal trusts are indicated.

If the power of attorney is not limited, then this clause may not be indicated, but rather it should be stated that the person is vested with full power.

Upon completion of completion, the signatures of the parties are affixed, as well as the notary’s seal. This document requires absolute notarization; only after this the document will enter into legal force. Also, the document is entered into the relevant notary register.

When the authority of a representative is invalid

Currently, the legislation of the Russian Federation allows for the issuance of 3 types of power of attorney depending on the scope of the powers vested:

General. This document gives the representative extensive powers to perform various legal actions.
Special. Allows the representative to perform a certain number of similar actions.
One-time. Allows a third party to perform one legal action on behalf of the owner.

To formalize a gift agreement, you can draw up a one-time agreement. However, if the procedure for registering a deed of gift has some difficulties in the form of the need to collect documents, then it would be more advisable to issue a special one.

In any case, the choice of the type of power of attorney lies with the person who transfers his rights to a third party.

Depending on the powers that the donor wants to give to the representative, one or another type of document will be drawn up.

A deed of gift cannot be obtained by power of attorney if the document has lost its force or is declared invalid:

the giver or recipient of the gift has revoked the power of attorney;
its validity period has expired;
the commissioner refused to represent interests;
the participant in the transaction or his representative has died, been declared missing or incompetent.

In other cases, the trustee can represent one of the parties and sign the deed of gift.

What is the procedure for registering a gift agreement?

The power of attorney must be executed in a notary office. We have already talked about this. Also, you need to meet certain conditions in order for the transaction to be considered completed.

So, first of all, both parties must be present at the notary’s office. This means that the principal and the authorized representative must appear at the appointed time to the notary.

Next, you need to ensure that both parties take documents with them. The notary must check the authenticity of the documents and also discuss the nuances of the transaction again.

If this transaction does not violate the rights of third parties, then this means that a power of attorney will be concluded.

How to compose it correctly? Sample document

Now that the power of attorney has been drawn up and the donor has been able to go away on his own business, we move on to discussing the gift agreement.

Since it is now not the donor who is participating in it, but his legal representative by proxy, the structure of the agreement will be somewhat different.

So, in the first paragraph, where information about the parties is indicated, information about the donee, as well as about the donor’s representative, is indicated. Information from passports is indicated, and information about the power of attorney is also indicated.
Next comes the paragraph called “Subject of the Agreement”. The property is described based on technical documentation and a certificate of ownership.
Next, you need to indicate a clause on the rights and obligations of the parties. It is necessary to pay due attention to this point, because all the conditions under which this act should function must be spelled out.
The fourth paragraph indicates the responsibility of the parties for failure to fulfill the terms of the agreement.
The fifth paragraph provides information about possible changes and termination of the contract. Then a list of documents is attached, dated and signed by the parties.
If possible, the contract should be certified by a notary, because now the transaction is carried out not by the donor, but by his authorized representative, which means it would not be superfluous to involve a notary in the transaction so that he checks the legality of your transaction.

What papers will be needed for the procedure?

First of all, passports of the parties are required. It is necessary to ensure that the persons have the right to carry out the transaction.
Then, you need to provide a power of attorney on the basis of which you will carry out the transaction.
Then, you must provide a certificate of ownership of the property.
Below is the technical documentation. Make sure to obtain statements from the Inventory Bureau and the management company in advance, then you need to check that you have no debt on utility bills.
You may also need additional documents, which the notary will tell you about.

Selling an apartment by proxy: risks

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Representatives of a transaction by proxy have their own rights and obligations, which are transferred to him from the donor or donee. Typically, authorized representatives have those rights that fully correspond to the interests of their principals.

As we see, the right to an obligatory share in the inheritance is mainly given to pensioners or persons incapacitated due to health reasons. It is noted that incapacity should not be temporary. For example, a pregnant spouse cannot count on a mandatory share of the inheritance from her deceased spouse. But he is the child of the testator. Those born after the death of their father have this right.

If there is a counter transfer of a thing or right or a counter obligation, the contract is not recognized as a donation. The rules provided for in paragraph 2 of Article 170 of the Civil Code apply to such an agreement.

The rules of the Civil Code on powers of attorney also apply in cases where the powers of the representative are contained in an agreement, including in an agreement between the representative and the represented, between the represented and a third party, or in a decision of the meeting, unless otherwise established by law or does not contradict the essence of the relationship.

At first glance, the standard wording of the actions of a trustee will sound quite innocent: “management and disposal of property”, “conducting a transaction on behalf of the seller”, “the right to sign on behalf of the seller”. It seems that not a word will be said about receiving the money received from the sale. But, nevertheless, the authorized person will be endowed with such a right.

Mother assures everyone that the new apartment we purchased was purchased with money from the one we sold earlier. Although she forgets that we constantly bought food for her in prison and my grandmother was constantly involved in my upbringing and education. Tell me, please, who has more opportunities to win in this case? The mother is represented by a lawyer, but we don't have a lawyer.

In a situation of conflict between the parties, according to the rules, formalized and certified information exempts the notary from attending court hearings and other types of participation in proceedings. This provision is regulated by the voluntary choice of a citizen who has granted the representative permission to participate in the sale of the premises.

You should not trust real estate and funds to strangers. After all, obtaining a power of attorney gives the broadest powers in buying and selling.

Features of a real estate purchase and sale transaction in which a power of attorney is used on the part of the Buyer. What are the dangers of a general power of attorney for the purchase of housing?

The date of the notarial act. I, gr. The power of attorney was issued for the period of validity of the power of attorney, with the right to delegate the powers under this power of attorney to other persons. The powers under this power of attorney cannot be delegated to other persons. Related documents. Sample power of attorney to conduct inheritance business. Power of attorney for the purchase of a vehicle.

This agreement confirms that both spouses are aware of how their joint family budget is being spent.

Registration of a gift agreement by power of attorney

The registration procedure also requires the provision of a package of documents. However, you should not worry and form it again.

You will only need to fill out your package of documents with other papers.

Thus, the gift agreement, which was drawn up in a notary’s office, is attached to the above package of documents. Since the gift transaction is a paid government service, you need to pay a state fee for its registration.

You need to pay the state fee according to the details that you will receive from the Rosreestr authority. Today, the amount of state duty is two thousand rubles.

Sample power of attorney for the purchase of an apartment

The basis for starting legal proceedings will be a statement of claim. This is an official document that must be drawn up in writing, and the text of which is subject to a number of specific claims:

References must be provided to the current provisions of the law that were violated according to the plaintiff.
Complete information on all participants in the process, starting from the notary dealing with the distribution of the property mass, and ending with the contact information of all heirs designated by the claim.
Supporting documentation, witness statements, written and signed by a notary, and other data related to the evidence base.

The first is a unilateral transaction, the second is a bilateral agreement. However, the use of a will in many cases makes it possible to solve those problems that a person unsuccessfully tried to solve with the help of a donation. The practice of issuing powers of attorney to carry out certain types of orders is quite successful and safe, which can significantly simplify the procedure for preparatory work before a transaction.

In what cases can this procedure be refused?

You may be denied registration of such an agreement for a number of reasons. Typically, you need to plan for such situations in advance so that you do not have problems in the future.

First of all, you need to make sure that the deed of gift is drawn up correctly. If you compiled it with a notary, then you will not have any problems. However, if you compiled it yourself, you may have made a mistake somewhere or some inconsistency with the points. Refusal may result from incorrect execution of the package of documents or lack of essential papers.

The next reason for refusal is the expiration of your powers under the power of attorney agreement. This means that if the deadline has already passed, you cannot participate in the transaction as a trustee.

The same applies to the situation when the power of attorney does not provide for the possibility of carrying out a gift transaction. Consider all these nuances in advance so as not to encounter dire consequences that will force you to start the procedure from the very beginning.

Basic Concepts

If the owner of the apartment, for one reason or another, cannot independently complete the donation agreement, he has the right to involve third parties in this procedure, who will act as a legal representative.

In this regard, in such situations, an ordinary or special power of attorney is drawn up, because most lawyers and notaries are often wary of a deed of gift under a general power of attorney.

Representatives of the transaction, in accordance with the power of attorney granted to them, receive certain rights and obligations transferred to them from the recipient or donor. In the vast majority of cases, authorized persons receive rights that correspond to the interests of the persons granting them.

Donor

The list of donor options includes:

transfer of property to any persons;
transfer of part of the property;
the right to refuse to transfer a gift if deprivation of this property could lead to a significant deterioration in his health or vital condition;
the right to revoke a gift in the event that the actions of the donee may lead to the loss of the transferred property;
the right of lifelong residence in the territory of the transferred housing;
the right to demand compensation in the event that the donee causes damage to the donated property or to the donor personally;
the right to cancel the transaction if the donor survives the donee.

In addition, if the donee makes a deliberate attempt on the health and life of the donor or causes him damage leading to death, the relatives have the full right to challenge the previously issued deed of gift in court, canceling his rights to use this property.

donee

The donee has the right:

accept a gift;
refuse a gift;
carry out various transactions with the property transferred to him.

If the gift has not yet become the personal property of the recipient, but the agreement has already been drawn up, his refusal of the gift must necessarily go through the registration procedure with Rosreestr.

An authorized person who has a power of attorney from the donor has the right to draw up a deed of gift in accordance with the laws of the Russian Federation.

A sample agreement for donating non-residential premises between relatives can be found here.

Otherwise, any such transactions will be considered invalid.

Until March 1, 2013, there was a procedure in practice, in accordance with the rules of which any gift agreements must undergo the registration procedure with the state branch of Rosreestr. It is worth noting that this applies not only to gift agreements, but also, in principle, to any transactions that are in one way or another connected with the alienation of real estate.

Today, such agreements are not burdened with the mandatory need to go through the registration procedure with Rosreestr, but at the same time they must be presented to the employees of this institution as a basis for subsequently making certain adjustments to the register related to changes in ownership rights to the specified property.

Moreover, if for any reason one of the parties cannot take part in the execution of the agreement and registration of documents in Rosreestr, he can always issue a notarized power of attorney to a third party who will carry out all such procedures. The main condition that such transactions must meet is specificity and care when drawing up various documents of the property owner himself.

When drawing up a power of attorney, the document must specify only those rights that directly relate to the gift transaction, excluding any other possibilities of the representative. In this way, it will be possible to protect yourself and the future of the person to whom the specified property is transferred.

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The rules for drawing up a gift agreement between legal entities are described by lawyers in this publication.

You can find the agreement for donating a plot of land to two recipients here.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Is it possible to appeal a deed of gift for housing?

In practice, there are situations that make it possible to challenge a gift agreement by proxy. This can happen for a number of reasons.

If such an agreement violated the rights of third parties, they can file a claim and also cancel the transaction.

If the trustee carried out a gift transaction, but did not fulfill any instructions from his principal, thereby letting him down, then the principal can also challenge the transaction, citing the fact that the trustee carried out unlawful actions on his behalf.

In any case, the appeal procedure must also go through the court, by filing a statement of claim. However, we hope that you will not end up with such serious proceedings.

What are the registration requirements?

Since a power of attorney to make a deed of gift is an extremely important document due to the gratuitous acquisition by one of the parties of the concluded agreement of the property of the other party, its execution must be approached with extreme caution.

There is an exhaustive list of information that should be contained in the text:

The date and place of the power of attorney (this is necessary so that it is possible to track for what period and under what conditions the document was prepared in order to avoid difficulties in protecting the interests of the injured parties, if any, in court);
Full passport data of the principal (with mandatory decoding of initials and executed in strict accordance with the data specified in the passport);
Passport details of the person for whom the power of attorney is issued in the same manner (in the event that there are several authorized persons to carry out the act of donation, the data is indicated separately for each person);
Full information about the object of the agreement (in the case of real estate - the full address, starting from the subject of the federation and ending with the number, with movable property - the date of issue and the main technical characteristics necessary for the subsequent identification of the gift);
Validity period of the issued document;
The powers vested in the trustee in relation to the transaction.