How to donate real estate? Sample apartment donation agreement and form for downloading

The subject of our conversation can be safely placed in a beautiful gift wrapping and decorated with a bright colored bow on top. The fact is that today we will talk about gifts, but not from the usual philistine point of view, but from a legal point of view. Every citizen of Russia has the legal right to receive and give gifts. To formalize the donation of any gift, a gift agreement must be concluded. Russian legislation regulates a number of conditions, without which a deed of gift cannot have legal force. In addition, the donor and the donee, at their own discretion, can provide for any other conditions of the gift agreement. We suggest defining the concept of “essential terms of the gift agreement” and understanding all its intricacies.

Donation agreement and its conditions

Article No. 572 of the Civil Code of the Russian Federation states that a gift agreement is a transaction implying a voluntary act of transferring property rights and things to another citizen. In this case, the donor has the opportunity to release the recipient from any property obligations.

Article No. 574 of the Civil Code of the Russian Federation states that a gift can be made in any form: both written and oral. You need to contact a notary to certify the fact of the donation.

Important! If the deed of gift is drawn up illiterately, bypassing the violation of articles No. 572 and 574 , then it is declared invalid. A deed of gift cannot be concluded orally if the donor is a person with legal status, and the price of the gift is more than three thousand rubles .

All conditions of the gift agreement can be divided into three categories:

1. Conditions of a significant nature.
2. Additional conditions.
3. Random conditions.

Note! Conditions of an additional and essential nature are mandatory. The conditions included in them, even if they are not specified in the agreement, must be fulfilled by default. For example, when the time frame of the agreement is not specified, it is generally accepted that the donation occurs at the moment as soon as the deed of gift is signed.

The transfer of a gift can be carried out in any of three ways:

1. Directly present the gift item.
2. With the help of title papers.
3. By symbolic transfer (keys to a car, apartment, etc.).

Is it possible to cancel or annul a gift agreement?

Cancellation of a donation or annulment of an agreement can only be done in court. This requires the existence of the grounds provided for by the legislative act of the Civil Code of the Russian Federation.

Both the donor himself and interested parties can cancel the deed of gift. The donor can cancel the deed of gift, but only on the grounds specified in the Civil Code of the Russian Federation. For example, if unforeseen circumstances arise that worsen his financial situation. The process of annulment or cancellation of a gift agreement is labor-intensive and complex.

"Anatomy" of a deed of gift

As we have already found out, a gift agreement is concluded with the desire to donate either things or rights to property in favor of a relative or any other person. After the transaction is completed, other heirs will no longer be able to claim the inheritance.

A gift agreement is always unilateral: the person receiving the gift does not bear any obligations to the donor. A donation document can be of two types: consensual and real .

Helpful information! Consensual donation can have both a suspensive and an excipient nature. For example, when the deed of gift states that the donor has the right to cancel the transaction if he survives the citizen he is donating. Simply put, when the person receiving the gift dies before the donor, the deed of gift loses its force.

In addition, a gift agreement may be conditional, which means it implies a donation of the donor’s property only if the gift will be used for the benefit of society.

Cancellation of a gift to two recipients

A donation can be canceled either by the donor on the grounds provided for in paragraphs 1, 2 and 4 of Article 578 of the Civil Code, or by an interested person - paragraph 3 of the same article. The list of such grounds is absolutely exhaustive. Let's consider each case separately:

1. If the donee made an attempt on the life of the donor , one of his family members or close relatives, deliberately inflicted bodily harm on him, thereby causing harm to his health.

Such facts must be confirmed in the form of a certificate of bodily injury, testimony of witnesses or statements to law enforcement agencies.

In the event of the death of the donor, his heirs have the right to cancel the donation in court.

1. If the donee treats the donated property inappropriately and such an attitude poses a threat to its destruction, damage and thereby can lead to its irretrievable loss.

Be sure to read it! Division of property after divorce - statute of limitations 3 years

In this case, the donor will need to prove that the property donated by him constitutes enormous non-property value for him and the fact that he warned the recipient about this.

1. If the death of the donee occurs during the life of the donor .

Such a condition must be specified in the content of the donation agreement, otherwise it will be impossible to cancel the donation.

1. If the donor is a legal entity or a private entrepreneur and the donation was made at the expense of his commercial activities, in violation of the Federal Law “On Insolvency (Bankruptcy)” and six months before he was declared insolvent (bankrupt).

Important

When concluding one gift agreement for two recipients, if one of the listed situations occurs, the agreement is subject to cancellation in full.

If the grounds described in paragraphs 1, 2 and 4 of Article 578 of the Civil Code concern one of the donees, then depending on how the ownership of the donated property is formalized, the consequences of canceling the donation :

• if the property is transferred into common ownership by two donees, then the donation is canceled and the property remains in the common ownership of the donor and the donee who was not affected by the cancellation;
• if a specific share of the property is given as a gift to each of the donees and a certificate of ownership of the share in the property is issued, then after the cancellation of the donation, the property of the donee who was affected by the cancellation passes to the donor, and the property of the other donee remains with him.

Therefore, if the donor has any doubts about the donees, it is best to conclude a separate agreement for each donee.

Deed of gift and its essential conditions

By law, a gift document must contain certain requirements. If these requirements are violated, then the donation can be challenged and canceled. This nature of the requirements (conditions) is called essential ( Clause 1, Article No. 432 of the Civil Code of the Russian Federation ).

It is the essential conditions that are fundamental when a donation of land or residential premises (apartment) is made.

Article No. 132 of the Civil Code of the Russian Federation states that the main requirement when concluding a deed of gift is represented by its content, consisting of the following data:

• information regarding all property being donated,
• official confirmation of the rights of the donor - owner to his property,
• a guarantee of release from all property-related obligations.

As a rule, the subject of a donation is: movable/immovable property and claims of property rights.

Property rights also include the right to receive royalties from the publishing house that published the fruit of the intellectual labor of the author-owner.

Important condition! The subject of the donation must be as specific as possible. For example, when the owner wishes to donate property, but does not indicate which property, then the deed of gift is considered void. The lack of specifics is a strong argument for canceling the donation. But, in all situations, much depends on the specific circumstances.

To give a gift of an item that is limited in circulation, you should know a number of nuances. For example, the law allows the gift of weapons (shotguns, pistols) only to those persons who have permits to use such a gift.

If a donation of movable/immovable property is made, it is always assumed that it will be used by an indefinite number of people. But, if this aspect is not mentioned in the deed of gift, then the donation will be considered an ordinary gift to only one person, nothing more.

A gift agreement may contain information regarding the procedure for transferring real estate and its limited application (use).

The essential conditions of a gift are also those requirements, according to the content of which, upon application from the donor (or recipient), specific agreements must be reached.

We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists by phone numbers listed at the top of the page, or through the online form .

Donation agreement for an apartment - what is it?

The first thing you must do before proceeding directly with the donation procedure is to familiarize yourself with the legislation.
The legislation of our country does not stand still. It is constantly being reformed in order to become as convenient and understandable as possible for citizens.

Many legal acts are devoted to the donation transaction, however, all the essentials are collected in the Civil Code.

An entire chapter 32 of this legal act is devoted to donation issues.

You should definitely familiarize yourself with it before making a gift transaction. Also, be sure to familiarize yourself with court decisions, as well as other practices that relate to donation issues.

You may also have controversial situations that will require the intervention of the courts.

Also, in matters of donation, it is impossible not to refer to tax legislation. The fact is that the gift transaction has one small feature.

If, in accordance with Article 14 of the Family Code, you are close relatives of the donee, then the transaction is not subject to tax at the rate of 13%. Agree, if we are talking about real estate, then this amount is quite impressive.

If the gift transaction is carried out between two persons who are strangers to each other, or between distant relatives, then payment of 13% as tax is required, and you will also have to submit a tax return to the inspectorate.

You can find out more about the issues that cover the scope of taxation in Article 217 of the Code. Who can draw up an apartment donation agreement?

An apartment donation agreement is an act that must be drawn up in accordance with legal requirements.

If the agreement does not meet the necessary requirements, then there is a high probability that the registering authority will simply not accept it, which means that the transaction will not be registered and the donee will not enter into his rights.

Therefore, issues of drafting a contract should be addressed especially carefully. If you do not have experience in drawing up a gift agreement, or you are worried that you will not be able to formulate this document correctly, then we recommend that you contact one of the specialists listed below.

Do you have a good lawyer in mind who is currently engaged in active practice, then you should contact him for services.

A lawyer will help you draw up a gift agreement correctly. Also, the notary is authorized to draw up, but not register, a gift agreement, with appropriate certification.

The services of a notary are somewhat more expensive, but this specialist will give you advice on preparing a package of documents, and will also tell you what nuances you will have to face during registration.

We donate real estate under a contract, taking into account essential conditions

The process of donating an apartment, house, or land involves essential conditions that are predetermined by current legislation. These conditions include the following:

• the gift transaction is always gratuitous in nature,
• the apartment must be owned,
• there must be consent from the person receiving the gift to the transaction. In other words, the recipient must confirm his desire to receive residential premises or land as a gift,
• it is necessary to formalize the transfer of ownership rights to real estate from the donor to the recipient,
• the deed of gift should not contain a promise to transfer rights to the property of the residential premises only after the death of the donor. Otherwise, the deed of gift will be considered void,
• It is required to attach written consent from all owners of residential premises, which must be notarized. This procedure will be necessary only in the case when shares in the apartment are transferred as a gift, and the housing belongs not only to the donor, but also to other people,
• It is impossible to draw up a deed of gift for real estate, but separately from the land on which the real estate is built. Just as it is impossible to draw up a deed of gift for a land plot without taking into account the building on it.

You should know! When real estate objects belong to the donor on the basis of shared ownership, then according to the law, this real estate can be donated without obtaining consent from other co-owners. In the case of minors and incompetent persons: they do not have the right to carry out legal transactions on real estate independently, without trusted persons (guardians).

Terms of the gift agreement - Legal assistance with inheritance

Legal norms consider a deed of gift for a house as one of the types of gift agreement. To complete it, the consent of the donor is required. The donation process takes place free of charge, with the donor giving tangible property to the person for whom the contract is being drawn up.

There are two types of property:

1. Movable property that includes a vehicle.
2. Real estate, which includes a plot of land, a house, an apartment.

A deed of gift is drawn up in the presence of both the donor and the person into whose ownership the property is transferred. After this, state registration of the agreement occurs. A deed of gift for a house is drawn up in writing by a notary. In this regard, a copy of the document must be kept in the archive of the legal party, and if the original copy is lost, the valuable qualities are not lost.

The deed of gift has its positive aspects, which include the following provisions:

• Drawing up a contract will not take much time and effort.
• Notarization is not a requirement.
• Additional costs excluded.
• Standard documentation, which includes a deed of gift, certificate of ownership, vehicle passport.
• Registration takes place within 11 days from the date of submission of documents.
• The state fee is 1000 rubles.
• A deed of gift can serve as a transaction on a reimbursable basis.
• The certificate comes into force after signing the document, after which the ownership of the item of gift passes to the recipient. This fact reduces the risk of loss of property after the death of the donor.
• If necessary, the gift agreement can be canceled.

Concept and structure of a gift agreement

It is worth considering the following provisions when drawing up a gift agreement:

1. When registering a deed of gift for part of the property, for example, a house or apartment, it is necessary that all family members living in the given territory give their consent.
2. When registering a deed of gift for minors, it is necessary to obtain the consent of a parent or guardian to the transaction.
3. In order for a parent to register a deed of gift for a child, the consent of the second parent to conduct the transaction is not required.

The agreement has the right to come into force in 2 cases:

• From the moment of registration.
• At a certain point in time, while a specific date must be fixed and agreed upon in the contract.

Deferment conditions are permissible in certain cases:

• Age of majority.
• Purchasing other residential space.
• Change of residence.
• Obtaining a diploma of higher professional education.
• Legalized relationships.

If there is a required replacement, the contract acquires a compensation basis and is drawn up in the form of a certificate of sale of the vehicle. This is due to the fact that the process of donation cannot contain a material basis.

Types of conditions

Conditions are the provisions of the document that justify the main provisions.

Characteristic features are highlighted:

• Consistency by both the donor and the recipient.
• Validity at the legislative level.

In this regard, there are 3 forms of provisions:

1. Essential.
2. Ordinary.
3. Random.

Each condition has distinctive characteristics.

Essential

The essential provisions are the definition of the subject of property that is transferred as a gift.

The subject is established by law or on the basis of any regulatory legal act. Also, an essential provision is considered to be a certain condition that is necessarily negotiated by the donor or recipient.

The essential provisions are the following list:

• The type of property that passes into ownership (a thing or rights to own property, for example, real estate, to the recipient citizen or other person).
• Exclusion of property obligations in relation to the donor or other citizen.

The essential provisions have the following characteristics:

• Specifying the timing of the transfer of property into the possession of the recipient party.
• Clarification of the subject of the certificate.
• Detailed description of the provisions of the document.
• The description of the provisions of the document should be as detailed as possible.

Additional terms of the gift agreement

An additional provision is a condition that is provided for by law. This circumstance comes into force involuntarily, that is, from the moment the document is executed, and does not require the consent of citizens.

The following provisions are highlighted:

1. Validity period of the document. The validity of the certificate is determined by the absence of a deadline for accepting the item for use by the new owner.
2. Transfer of property into the ownership of a new owner. The subject of donation is not included in the list of inherited property. The exception is the provision of the deed of gift, which is being considered at the moment.
3. The obligations of the property owner pass to the inherited party . An exception is the provision of the deed of gift, which considers other conditions for the transfer of property as a gift.

Random conditions of the gift agreement

Random provisions are conditions included in the document at the request of one of the citizens, for example, residence as a condition.

The purposes of a random situation are the following situations, which are fixed at the legislative level:

• Addition to the regular list.
• Changes to standard conditions.

Incidental provisions do not affect the validity of the evidence. In this regard, the presence of a random provision is included in the document at the request of one of the citizens.

Donation of real estate

The procedure for registering a gift agreement requires subsequent registration with government agencies. The deed of gift specifies the rights and obligations of both parties and is drawn up in writing.

Before registering a document, it is necessary to check the status of the property. This is due to the fact that the item of the gift cannot be registered if it is seized or is part of a tax transaction. To avoid inaccuracies in the design, it is necessary to familiarize yourself with the standard document template established at the legislative level.

In order for a document to receive a notarized power of attorney, you must have the following list of documents with you:

1. Identity document , passport (original and copy).
2. identification number (original and copy).
3. A notarized certificate that confirms the process of donation, in written form of an arbitrary or established type.
4. Certificate registered with a government agency.
5. Receipt for payment of state duty.
6. A statement that is written by both parties.
7. Cadastral certificate of property.
8. Consent in writing of the donor's family members to the process of donating property.
9. Certificate from the Technical Inventory Bureau regarding the value of the property.

Identification documents are provided by both the donor and the party in whose favor the contract is being drawn up.

Essential terms of the apartment donation agreement

The following is a list of essential provisions:

• A simple written form of agreement.
• Notarization.
• State registration of the document.

Source: https://nasledstvo7.ru/nasledstvo/usloviya-dogovora-dareniya.html