Deed of gift for a house: pros and cons of the document, differences from a will

Contract form

An agreement to transfer a gift can be concluded orally (Article 574 of the Civil Code of the Russian Federation) if:

The donor is an individual.
The transferred property costs no more than 3,000 rubles.
The transaction is real - made at the moment of transfer of the gift.

The basis of a gift agreement is the mutual desire of the two parties to the agreement to make a gratuitous transfer of any property from one party to the other.

The oral form does not need to be certified by a notary, which is the difference between a gift and a deed of gift. A written form of the transaction is required in the following cases:

The donation is carried out by a legal entity.
The cost of the gift is more than 3000 rubles.
The parties enter into a consensual agreement, the execution of which is postponed for an indefinite period in the future.
The object of the transaction is real estate.

How does a gift deed differ from a deed of gift?

The subjects of the agreement are the donor and the donee - individuals with civil legal capacity, or legal entities. They also include state (in the donation agreement) and municipal entities.

alienation of property by official guardians of minors and incapacitated people on behalf of the latter;
donations to representatives of educational, medical, social organizations by persons using the services of these institutions and their relatives;
transfer of property to state, municipal, and bank employees.

We recommend reading: Who pays Chernobyl payments

Difference between deed of gift and deed of gift

The concepts of “deed of gift” and “gift agreement” are identical and imply the gratuitous transfer of property by the donor to the legal successor. The first of them is more often used in free communication, and the second - in official documents, which is the difference between a deed of gift and a gift agreement.

Because from a legal point of view, any agreement between two parties constitutes a contract.

A gift agreement, which means the transfer of property from one person to another, is often called a deed of gift. In the article we will tell you what the essence of these concepts is, whether it is possible to cancel such a document, and whether there are forms similar to this agreement.

Let’s look at the difference between a “deed of gift” and a “donation agreement”

The terms “deed of gift” and “donation agreement” are used quite widely, but few clearly understand the difference between them. From a lexical point of view, these concepts are identical and mean the same thing, namely a notarized agreement that stipulates the gratuitous transfer (donation) of any property, real estate, legal rights from one party to this agreement to another.

But, if in colloquial speech the concept of deed of gift is more often used, then in official legal documents it is more appropriate to use the concept of gift agreement. This is due to the fact that for any lawyer this document is, first of all, an agreement concluded by two parties.

The essence of the gift agreement is the mutual desire of the two parties to complete a transaction for the gratuitous transfer of something from one party to the other.

The object of a gift can be both material and intangible benefits (rights to something, obligations towards something, and so on). Mutual desire means that the donor agrees to give his property as a gift, and the recipient agrees to accept this gift.

The main feature of this transaction, and at the same time the main difference from other types of alienation of property (purchase and sale, will, etc.), is its gratuitousness. The donor has no right to demand any material benefits or performance of any actions for his gift.

Other features of the deed of gift are:

Donations on behalf of minors are prohibited. Naturally, this requirement applies only to real estate or other large gifts; minor gifts do not fall under this ban.
The objects of donation can be not only material objects or goods. Free release from the performance of any obligations or transfer of claims to a third party also qualify as a gift.
A gift is not only the transfer of an object in the present tense, but also a promise to fulfill it in the future.

A gift agreement can be canceled even after it has been signed and officially registered. This is possible in the following cases:

After signing the deed of gift, the financial situation or health of the person giving the gift has worsened, and fulfilling the conditions of this deed of gift will further aggravate the situation and cause a further deterioration in the quality of his life.
The donee has committed actions that harm the donor or his relatives. If this is followed by the death of the donor, then a lawsuit to terminate the deed of gift is filed by his heirs.
The donee's treatment of the object of donation creates a direct threat to its preservation. This condition is applicable when the gift is dear to the donor, but does not represent significant material value.

The most popular are donation agreements for real estate objects – apartments, country houses, garden plots and land plots. In these cases, the deed of gift must be drawn up in writing. It is not necessary to have the deed of gift certified by a notary. However, the participation of competent lawyers (especially when writing a gift agreement) will not be superfluous.

The text of the deed of gift for real estate indicates:

Date and place of drawing up the contract.
Complete information about the parties to the contract.
Maximum detailed information about the property subject to donation.
Information about the rights of the donor to this property.

The text of the agreement should not contain any conditions for its conclusion.

It must be remembered that receiving a gift entails the need for the recipient to pay income tax for individuals in the amount of 13% of the value of the gift. Payment of tax is not required if the parties to the agreement are closely related.

Registration of a deed of gift is mandatory when the gift must subsequently be registered with the authorities of Rosreestr, the State Traffic Safety Inspectorate or others (apartment, dacha, car, yacht, etc.). In other cases, the mandatory preparation of a deed of gift is not stipulated by law. This also applies to expensive gifts, such as jewelry, ornaments, and luxury items.

However, it would be more correct to draw up such an agreement. This will help in the future to avoid problems associated with claims of third parties on the object of the gift, or others.

The use of the terms “deed of gift” or “donation agreement” is acceptable in any situation. However, it will be more correct if the first of them remains only in colloquial everyday speech, and the second is used in official legal documents.

(
3 votes, average: 5.00 out of 5)

Who, how and where uses the concepts of “deed of gift” and “agreement”

A gift is a voluntary transfer of property into ownership : from minor things, such as personal belongings, to valuable and large ones, such as deposits, shares in companies, real estate, cars.

The term “deed of gift” is used by lawyers when a transaction is recorded on paper . In order for the transaction to take place legally, a document is drawn up, which confirms the fact of the gratuitous transfer of property.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

The term “deed of gift” is traditionally used in everyday life ; it is usually used by donors and recipients. You will not get an answer to the question of which is better, since both terms mean the same document or oral agreement.

Gift givers and recipients can be:

authorities;
legal entities;
individuals.

A document must be drawn up when the donor is a legal entity or real estate is presented as a gift, which must be registered.

Important! It is prohibited for minors and incapacitated citizens to enter into contracts.

things of material value;
financial savings;
securities;
stock;
fees;
debts.

Compensation for personal injury and alimony are not included in this list and are not subject to donation.

How to cancel a deed of gift (donation agreement)?

A contract can be declared invalid in the following cases:

The conditions under which a thing is sold are specified. The agreement should not contain counter obligations and demands from the donor to the recipient and vice versa. Also, there should be no financial costs for the recipient in connection with receiving the gift.
Conditions should not be imposed under which the property passes to a new owner. For example, when transferring ownership of an apartment, the donor prescribes lifelong residence or maintenance in the donated apartment, depositing a certain amount into the account, etc. The agreement in such cases will be declared invalid.
There is a so-called mixed contract, which may contain elements of other contracts. To recognize such a document, it is important to draw it up so that the conditions do not look like pressure or an order.

Whatever type of contract you choose, it is worth remembering that a donation is a gratuitous transfer of legal property to another owner. You should carefully consider this serious step so that you do not later regret or defend the annulment in court.

Despite the simplicity of registration of gift transactions, when going to court such cases are considered the most complex and protracted.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 309-53-42 (St. Petersburg) It's fast and free!

Documents similar to deed of gift

The main difference between the property transfer procedure and other similar transactions is considered to be the fact of disinterestedness.

The transfer of property can also be carried out through a will. This method has significant differences from donation. A will implies the inheritance of property after the death of the testator. A will, like a deed of gift, is certified by a notary.

A contractual gift is beneficial to the recipient because the gift is difficult to appeal . A will can be changed by the testator during his lifetime.

Is it possible to cancel a document?

Another feature of the deed of gift is the possibility of its cancellation after official registration.

Cancellation is acceptable:

if there is a threat to the safety of the property being donated;
when the donee harmed the donor or his relatives;
if after the donation the financial situation of the donor has worsened and he wants to return the donated property.

To cancel the transaction, a lawsuit is filed with irrefutable arguments in favor of terminating the contract . It is possible to revoke donated property after execution of the document if you submit to the court a statement of claim for annulment along with the original document or its copy.

You will also need a receipt for payment of the state fee, witness testimony and evidence (for example, that the donor is damaging the property received as a gift) in the form of photo, video, and audio materials.

Important! A legal entity or individual entrepreneur has the opportunity to cancel the donation in the event of its own bankruptcy.

If the court revokes the terms of the agreement, the property is returned to the donor or his relatives in the event of his death.

Features of the transaction and cancellation conditions

This transaction differs from others (wills, sales contracts) in that the property is transferred absolutely free of charge. In exchange for the donated item, based on Article 572 of the Civil Code of the Russian Federation, the donor does not have the right to take money, other property or demand assistance in performing work.

Difference between deed of gift and similar agreements:

You cannot donate property on behalf of a child who has not reached the age of majority. This item mainly applies to large gifts (real estate, means of transportation). The exception is gifts that do not have great material value;
such an agreement can be concluded for the purpose of transferring a material object, and with its help you can be freed from obligations or transfer the requirements that are presented to another person;
a gift can be made immediately or a promise can be made to give in the future (several years after death).

A registered and signed contract can be terminated, but this is quite difficult to do.

Only gifts of serious value can be returned. Art. 572 of the Civil Code of the Russian Federation states that there are several situations that may serve as a reason for the cancellation of a deed of gift:

the recipient of the gift died (this clause must be stated in the contract);
the gift has great spiritual value for the giver, but the recipient treats it poorly and there is a risk of its damage or destruction;
the donee intentionally caused severe harm to the health of the donor or one of his family members, or made an attempt on his life or property.

You can challenge a gift agreement by filing an application in court. If, as a result of the concluded agreement, the donee or one of his family members has a change in health, or difficulties in the family or financial support arise, then he has the right to refuse the obligations assumed.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

Features of the transaction and cancellation conditions

Difference between deed of gift and similar agreements:

You cannot donate property on behalf of a child who has not reached the age of majority. This item mainly applies to large gifts (real estate, means of transportation). The exception is gifts that do not have great material value;
such an agreement can be concluded for the purpose of transferring a material object, and with its help you can be freed from obligations or transfer the requirements that are presented to another person;
a gift can be made immediately or a promise can be made to give in the future (several years after death).

A registered and signed contract can be terminated, but this is quite difficult to do.

the recipient of the gift died (this clause must be stated in the contract);
the gift has great spiritual value for the giver, but the recipient treats it poorly and there is a risk of its damage or destruction;
the donee intentionally caused severe harm to the health of the donor or one of his family members, or made an attempt on his life or property.

Disadvantages of deed of gift

Despite a number of advantages of a deed of gift for a house, the agreement also has negative sides.

One of the most significant disadvantages of such an agreement is the payment of taxes on the received property depending on the estimated value of the property. The recipient pays 13% tax on the gift received.

Considering current real estate prices, the tax amount can be very impressive. However, there are exceptions: if the house is given to close relatives, then they are exempt from paying tax.

Read about the state duty when entering into an inheritance here.

Information!

The Family Code includes such persons as parents (or adoptive parents), children (both natural and adopted), wife (husband), if the marriage is officially registered, siblings or half-siblings (one joint parent), as well as grandchildren and grandmothers with grandfathers.

All other relatives (uncles, aunts, nephews, cousins, etc.) and persons with whom there is no blood relationship are obliged to pay 13% tax deductions.

Read here who are the heirs of the first stage.

The second disadvantage lies in the fact that the gift agreement is always gratuitous . This means that other relatives can begin the procedure of challenging the agreement in court. But in practice, it is difficult to recognize an agreement as invalid; this will require strong evidence.

Most often, such disputes arise when the donor is an elderly person or a person who, although not declared incompetent, suffered from mental disorders. Among other grounds for cancellation of a deed of gift, blackmail on the part of the donor may be recognized.

For example, when children (or other relatives) demand that a house be registered in their name, otherwise they will not help their retired parents. If there is confirmation of blackmail or threats, the court must declare the contract invalid and the recipient is obliged to return the house back to the donor;

How to recognize an heir as unworthy read here

Loss of rights to the house. These negative consequences affect only the donor. After all, he transfers the house by deed of gift not just for use, but for ownership, and from now on the donor has no rights in relation to the donated property.

If the donor promised a gift in the future and died, then such obligation passes to his heirs. However, in the event of the death of the one to whom the gift is promised, his rights do not pass to his heirs.

Basic Concepts

In fact, whether we are dealing with simple speech or formalized speech (that is, one that is defined by specialists in the field of jurisprudence), the same thing is still implied.

Here there is an agreement for the gratuitous transfer of property. It is concluded between the parties - the donor and the recipient - by mutual consent.

Depending on the value of the gift, it is drawn up orally or in writing and, if desired, certified by a notary. Although the latter is not always appropriate if the gift item is small items of significance (for example, a small amount of money).

Conversely, if a large sum or securities are presented as a gift, it is recommended to notarize an agreement for the gift of funds or the gift of shares.

It is reasonable to go through the full registration procedure only in relation to real estate, as well as some types of movable property and jewelry. For example, you can donate a garage, a room in a communal apartment, a house or an apartment to anyone, but with the consent of the party receiving the gift, and this is not always achievable.

The fact is that in order to accept donated property or property rights, he must meet certain criteria:

to be capable;
able to monitor it without thereby causing harm to property and surrounding people;
be able, in some cases, to bear the taxpayer's burden independently.

Thus, a gift agreement is nothing more than a bilateral transaction, along with other popular gratuitous agreements, such as a will and a promise of reward (donation).

In fact, a gift agreement and a deed of gift are the same concept, but are used in different situations. “Deed of gift” is more often mentioned in everyday settings, and “deed of gift” is more often mentioned in official documents.

The difference between a deed of gift and a gift agreement

A promise to transfer a thing or property right to someone free of charge or to release someone from a property obligation (promise of donation) is recognized as a gift and binds the promisee if the promise is made in the proper form and contains a clearly expressed intention to make a gratuitous transfer of a thing or right in the future to a specific person or to release him from property obligations. A special type of D.

We recommend reading: Hire a lawyer

They can give, but they can also take away!

At first glance, it may seem like a person who, for example, decided to give an apartment to his son or daughter, can then take it back into his own property. This happens, but not often.

The legislator specifically provided for such cases. Not every recipient is able to comply with the obligation to maintain housing in accordance with the Housing Code of the Russian Federation (Housing Code of the Russian Federation).

Let’s say a new owner does not know how to use the gas supply and, due to memory loss, constantly forgets to monitor the valves. By your inept actions or inaction, you can render your own and other people’s housing unusable, and then there will be a threat to the safety of life or health of your neighbors.

Also, the donor’s refusal of the contract in the event of the death of the donee.

As you can see, the fundamental difference here is only in words.

Watch an overview video about donating property:

Quite often, citizens are interested in the difference between a deed of gift and a gift agreement. Questions of this kind are often asked of various lawyers.

How can you answer them? What should every citizen know about drawing up a gift agreement and deed of gift? The answer is not as difficult as it seems. If you thoroughly study the legislation of the Russian Federation, you can understand all the features of such transactions without much stress.

What should you pay attention to first?

pros

Now it’s clear what a deed of gift is. What advantages does this document have? This method of transferring property is of interest to the bulk of the population. More and more often, this particular scenario is used when resolving inheritance disputes.

What are the positive aspects of gift agreements? Among the advantages are:

Possibility of cancellation after registration of the agreement. To do this, certain conditions must be met. We will talk about them a little later.
Gifted property is not considered acquired during marriage. Accordingly, during a divorce it will not be subject to division.
Gifts are an excellent way to transfer property (mainly real estate) to loved ones during the life of the testator.
The document helps resolve inheritance disputes in the family. Typically, such paper helps older people divide their inheritance between children and grandchildren when there is no trust.
You can draw up a gift agreement with the donor’s lifetime residence in a particular apartment. It is enough to stipulate this in the agreement.

The objects of the agreement can be different things. Any property of a person in Russia can be transferred using a deed of gift to another person.

Registration procedure

Now a little about how the transaction under study is carried out. It is clear how a deed of gift differs from a gift agreement. It's the same term. Accordingly, document registration is carried out in the same way. All you have to do is follow some instructions.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

Today, deeds of gift are drawn up in the presence of a notary. Without this authorized person, the document will not have legal force. The parties must:

Draw up a detailed gift agreement. It must indicate all the conditions for the transfer of property to the new owner.
Collect a certain package of documents. A full list will be presented a little later.
Contact a notary. Sign the agreement in the presence of this person. Attach all documents prepared in advance to it.
Re-register property, if necessary, with government agencies.

Fast, simple, convenient. The only expenses that need to be incurred in the amount of 100% are the costs of paying for notary services. As already mentioned, taxes and other expenses do not apply in case of transfer of property to close relatives. In other situations, the recipient must pay 13% of the value of the new property in the form of a tax levy.

Procedure for document execution

The registration of a deed of gift or a donation clause is carried out in accordance with the rules prescribed in Chapter 32 of the Civil Code of the Russian Federation. General legal regulation applies.

To conclude an oral transaction, in 2020 it is enough to simply transfer the property to the donee. When a transfer is promised, the transaction is not concluded - that is, ownership rights change at the time they are determined.

When they are transferred, the contract is considered fulfilled. The written gift agreement must indicate the names of the parties and detailed information for their identification - TIN, OGRN, full name, passport details. The list of property and/or rights to it is also clearly stated.

Civil legislation contains a number of requirements, ignoring which may result in the agreement being declared invalid.

Examples:

The contract must contain information about specific property or rights to it. Without clear signs, it is impossible to determine property transferred for use to third parties.
There should be no conditions for the execution of a deed of gift as a result of the death of the donor - these are the features of a will.

The transaction will be considered illegal if the donor was a minor citizen of the Russian Federation or a person officially recognized as incapacitated.

According to the law, the recipient cannot be a social worker if the donor is under his care or treatment. A similar prohibition applies to close relatives of social workers.

Where to go

But this is not all the important and relevant information regarding the topic being studied. Some people are interested in where the registration of the gift deed is carried out.

As already mentioned, the operation is often carried out through a notary. An authorized person certifies the validity of the transaction, after which you can proceed with the re-registration and re-registration of the property.

Thus, today the gift agreement is proposed to be signed:

in any notary office (public or private);
in the MFC;
in the management of the Federal Registration Service.

The first option is the most common. Registration of a deed of gift is far from the most difficult operation.

After checking the document, the notary will issue a certificate for re-registration of the property. You can contact Rosreestr with this paper (for example, if we are talking about real estate), after which the new owner will be able to fully use what was given to him.

What is the difference between a gift agreement and a deed of gift?

It is generally accepted that a document confirming the fact of donation and certified by a notary is called a deed of gift. According to the Civil Code of the Russian Federation, the law provides for the optional execution of a document.

It is recommended to register property when:

there are prospects for further use;
the cost of the gift exceeds 3,000 rubles.

Even donated real estate may not be certified. The main thing is to register it in your name with Rosreestr, so that in the future there will be no problems associated with ongoing transactions. But notarization is in great demand among the population to prevent errors in filling out an agreement.

Good to know! “Deed of Gift” is a document of an agreement for the gratuitous ownership of property in order to transfer the rights of disposal at the discretion of the new owner.

The two parties involved in the donation process have the same legal rights, such as:

having the right to give – the giver receives the right;
accept a gift free of charge - the donee or the recipient.

Contact Rosreestr

How exactly is this operation performed? The execution of a gift agreement does not end with communication with a notary. If we are talking about real estate, you will have to come to Rosreestr or the traffic police to re-register the property.

old documents on property rights;
your passport;
gift agreement;
application for registration of rights;
certificate from a notary.

In exchange for the application, the person will be given an extract, with the help of which in a few days it will be possible to obtain a new certificate of ownership.

The essence of the terms

To understand the difference between a deed of gift and a gift agreement, you must first define them.

A deed of gift is a special way of transferring property from one person to another, according to which the owner transfers his property free of charge. The document is notarized and is usually used to avoid inheritance and property disputes in the family. A gift agreement is an analogue of a deed of gift.

There is practically no difference between these concepts, it’s just that a contract is a legal term, and a deed of gift is a colloquial concept.

Deed of gift or deed of gift

The first question that lawyers hear from people involved in the donation procedure is what is the difference between a deed of gift and a deed of gift? In fact, this is the same document regulating a transaction between individuals or legal entities, which consists of the gratuitous transfer of property from one person to another. Donation is regulated by Sec. 32 part 2. Civil Code of the Russian Federation.

There are two parties involved in the transaction: the donor and the recipient. In this case, the first one undertakes to transfer the gift, and the second one does not have any obligations. The gift agreement should not contain conditions for the recipient to receive property; otherwise, the transaction is considered sham and loses its legal force.

List of all our articles from the “Legal Directory” section »»»»

Under the gift agreement the following are transferred:

things - you can give jewelry, equipment;
property rights - gifts in the form of an apartment, car, securities;
release from property obligations - in simple terms, this means “forgiveness” of debts.

So is there a difference?

Participants in the donation transaction:

The donor is the person who transfers the property.
The donee is the recipient of property or rights to it.

Counter-obligations (to pay money, provide other property, etc.) are not assumed. If there is a counter-execution, it will not be a deed of gift, but another legal document.

a gift agreement is used in legal practice, but a deed of gift is not;
the agreement can be concluded in writing or orally, but if the donor is an organization, the value of the property exceeds 3 thousand rubles, the donee must fulfill certain conditions, then only in writing; a deed of gift always has a written form.

The answer to the question whether a deed of gift is the same thing as a gift agreement is yes, they are the same thing, but the type of registration may be different. You can transfer securities, things, and the right to property free of charge.