All about how to draw up a deed of gift for an apartment between close relatives. Will the granddaughter be able to obtain all the certificates in Moscow on her own or should there be a power of attorney for this too? If a power of attorney is needed, can the grandfather draw it up without the granddaughter, and then send the original by mail or some other way? registration of a deed of gift for an apartment, an extract from the house register, documents for registration of a deed of gift Collapse Victoria Dymova Support employee Lawyer. ru Similar questions have already been considered, try looking here:
- The notary is wrong, he is obliged to issue a power of attorney, but if the power of attorney is for you, then the power of attorney for another person cannot be given to yourself. Legal assistance. Lawyer LUKIN V.N. tel. 8 916-6124626, 8 495-4114507, Address: Moscow, Novorossiyskaya str. 22/31 apt. 2www. advocate-lukin. ru Personal consultation
- Margarita! The notary is obliged to issue a power of attorney; another question is that the daughter will not be able to represent the interests of the two parties under the gift agreement using the specified power of attorney. WITH RESPECT, LAWYER TORCHIGIN DMITRY SERGEEVICHwww. Advocate-t.
- The share of the apartment is given to a close relative(s), that is, spouse, parent, son/daughter, grandson/granddaughter. — If the cadastral value of the share is up to 10 million rubles. , then certification of the contract costs 3000 rubles. + (0.2% * cadastral value of the share).
- — The cadastral value of the share is more than 10 million rubles. , then 23,000 rub. + (0.1% * (cadastral value of the share - 10 million)). But the final cost of the certificate should not exceed 50 thousand rubles.
How to donate a share in an apartment if the donor lives in another region?
Can I issue a deed of gift for a house that is located in another region ? Civil law Monchegorsk Complain to moderator Answers from lawyers Vladimir Ivanovich (23.08.2014 at 22:26:32) Good afternoon! You can draw up the gift agreement B itself in simple written form, but in accordance with the law, the real estate gift agreement is subject to state registration in Rosreestr at the location of the real estate.
But you can entrust a representative with a power of attorney to handle the registration in Rosreestr. Zubkov Sergey Vasilievich (23.08.2014 at 22:52:26) Dear Anonymous. Sure you can. If the house is your property and the right is registered, then its location does not matter.
Detailed instructions on how to formalize the donation of an apartment in 2018
Personal consultation Thanks for your answer!
- Hello Margarita. The transfer of rights under a real estate donation agreement is subject to mandatory state registration (and as you understand, this is not done by a notary at all!), in addition, when donating residential premises, the agreement itself is subject to state registration, therefore, the parties submit the agreement and a package of documents for state registration, where so they sign applications for the transfer of rights; secondly, it should be remembered that state registration is carried out at the location of the real estate; so, if one of the parties to the transaction does not want to be personally present at the transaction (does not have the opportunity), a notary must certify a power of attorney to a person who has such an opportunity, with the appropriate powers Personal consultation
- Margarita, but you have more than one notary in the city, if this one doesn’t want to, contact another.
- Based on the documents received, the employee will draw up applications for registration of rights, which donors and recipients must check and sign.
- After signing the applications, an MFC employee will pick up the documents (except passports), give each participant a receipt for receipt of these documents for registration and set a date when they can be picked up. The received documents are sent to the registrar. Then all you have to do is wait for registration. According to the law, the maximum period is 7 working days, but they do not always meet the deadline.
Hello, Vladimir! Without your personal presence, this is impossible, regardless of the capacity in which you act - the donor or the recipient. Because We are talking about a gift of real estate; the gift agreement will need to be submitted to Rosreestr for state registration of the property rights arising from the donee on the basis of this agreement. And only both parties to the contract together can submit all the documents necessary for state registration, and, moreover, to the territorial body of Rosreestr at the location of the real estate.
In other words, you need to either be present at the conclusion of the agreement and submit documents for state registration in person, or issue a power of attorney to conclude a gift agreement on your behalf to some other person (your representative). Sincerely, A.D. Ruslin. Good afternoon.
All about how to draw up a deed of gift for an apartment between close relatives
- If you purchased the property before you entered into an official marriage, you will need to submit a corresponding application certified by a notary.
- If the property being donated contains persons under the age of majority, then consent must be obtained from the guardianship authorities.
- A guardian's agreement is required if the transaction involves a person under 18 years of age or an incapacitated citizen.
- If the transaction is executed by third parties, then you must provide a notarized power of attorney.
consent of the spouse to draw up a contract for the donation of property acquired in a joint marriage. Today, the amount of the fee for registration of a transaction for donating property is 2000 rubles. In order to pay the state fee, you must obtain payment details from Rosreestr.
The procedure for registering a deed of gift through a notary office
It is worth noting that the registration procedure through a notary office is quite expensive. However, the notary carries out all the necessary actions.
The parties to the transaction must only submit documents with paid state duty.
- 1. package of documentation provided to the notary • passports of the parties to the transaction; • certificate of ownership of real estate; • extract from the Unified State Register; • the consent of the spouse is notarized, provided that the alienated housing is jointly acquired;
- 2. The notary draws up a gift agreement.
- 3. Payment of state fees and the cost of notary servants: • 2 thousand rubles. – drawing up a deed of gift; • 2 thousand rubles. — registration actions in Rosreestr; • when donating an apartment (house) between relatives, the state duty will be 0.3% of the value of the property (from 300 rubles). In other cases, the duty will be 1% of the value of the alienated object worth up to 1 million rubles. If the price of real estate is from 1 to 10 million rubles, then the duty will be 0.75%. If the cost of the alienated apartment is over 10 million rubles. The state duty will be 0.5%, and an additional payment of 77.5 thousand rubles will be required.
- 4. The notary receives the completed documentation, and the parties are given receipts with a designated date for receiving the certificate.
- 5. Receipt by the donee of a certificate of ownership of real estate. Each party to the transaction is given a copy of the deed of gift.
Donating an apartment to a relative: documents, donation of a share, tax, agreement
It turns out the cadastral value of the share: 1/3 * 4.1 million = 1.36 million rubles. The percentage for certification depends on the size of the cadastral value of the apartment share (transaction amount) and whether it is given to a close relative. Tariffs are taken from clause 1 of Art.
22. 1 Basics about notaries.
- The share of the apartment is given to a close relative(s), that is, spouse, parent, son/daughter, grandson/granddaughter. — If the cadastral value of the share is up to 10 million rubles. , then certification of the contract costs 3000 rubles. + (0.2% * cadastral value of the share).
- — The cadastral value of the share is more than 10 million rubles. , then 23,000 rub. + (0.1% * (cadastral value of the share - 10 million)). But the final cost of the certificate should not exceed 50 thousand. provide examples Example No. 1: Alexander has an apartment in Moscow, he is the sole owner. He decided to give half of the apartment to his son, i.e. 1/2. Although not necessary, they decided to contact a notary, i.e.
And if the transaction is concluded with a person who is not closely related to the donor, then the recipient will have to pay 13% tax by transferring to the budget. Deadlines According to current legislation, no more than 30 days are allotted for processing documents.
It is after this period of time that the person accepting the gift of real estate will receive a certificate of title to the donated property. Is it possible to draw up an agreement without the participation of a notary? Yes, of course, you can draw up this kind of agreement without the help of a notary.
The law does not require such transactions to be notarized. But if there are concerns that in the future a situation may arise with a challenge to the gift transaction, then the best option would be to notarize these documents. But certification of the transaction by a notary will entail additional costs.
Features and nuances
When drawing up any contract, difficulties and various difficulties arise.
In addition, the emergence of nuances and controversial issues depends on the choice of method for drawing up a deed of gift.
How to draw up a deed of gift for an apartment yourself{q} When filling out the text of the deed of gift yourself, you must pay attention to correctness and accuracy.
If any errors are made in the text, then subsequently the risk of challenging the transaction increases. In addition, the donor must have full legal capacity.
At the notary
When registering through a notary, the parties only need to provide the correct data and documents. The notary will carry out all the necessary actions independently. The parties only have to pick up the certificate of registration of the right after it is ready.
Donation share agreement in another region
For example, if suddenly one of the property owners donated his share to a complete stranger, for no apparent reason, then the remaining owners can, through the court, declare such a transaction void. Conditions for transferring your share A distinctive feature of these transactions is that they are completely free of charge. There is no need to notarize such an agreement; you can formalize the transaction in writing; the law does not require a notary’s signature in such a document.
An agreement under which one of the parties donates real estate to the other party must be concluded in three copies. All three copies of the agreement must be signed by both the donor and the person receiving the property as a gift. In order to officially register the transaction, it is necessary to provide such a real estate transfer agreement to the registration department.
The relative you are gifting must receive an extract from the Unified State Register before completing the transaction. During the registration process, you should prepare and submit all the necessary documents for registration, after which all rights to the real estate will pass to the person who accepted the property as a gift from you.
Features of drawing up a deed of gift between close people The agreement under which real estate is transferred as a gift has both its advantages and disadvantages. Advantages:
- Gifts made by closely related people are not taxed.
- It would be advantageous to enter into such an agreement when a share in the real estate is being sold, and it is not possible to receive a refusal from the other property owners.
Disadvantages of such a transaction: The disadvantages of this option for transferring property are also obvious. Article updated: May 4, 2020 The total cost of conducting the entire transaction of donating an apartment to a notary includes: 1) the cost of drawing up and certification of the donation agreement; 2) the cost of filing a registration agreement; You may also need an additional service - notarized consent from your spouse. Cost of service No. 1 - drawing up and certification of a share donation agreement The cost of this service depends on whether you contacted a notary without fail or at your own request. We advise you to carefully read in what cases the contract must be certified, because if you go to a notary at your own request, it costs more. If the contract must be certified
- A) Drawing up a contract - from 2 to 6 tons. The price is different in each region.
The cadastral value of the apartment is 4.8 million rubles. The notary charged them 8,000 rubles for drawing up the contract. , and for his ID - 3000 rubles. + (0.2% * (4.8 million * 1/2)) = 7,800 rub. Total RUR 15,800 Example No. 2. Oksana has a large apartment in St. Petersburg, the cadastral value of which is 21.8 million rubles.
She decided to give her grandson a 2/3 share, i.e. to a close relative. They turned to a notary, even though he was not necessary in their case. They paid the notary 6,000 rubles for drawing up the agreement. For his ID - 23,000 rubles. + (0.1% * ((21.8 million * 2/3) - 10 million)) = 27,500 rub. Total RUR 33,500
- The share is given to another relative or person
- — If the cadastral value of the share is up to 1 million rubles. , then certification of the contract costs 3000 rubles. + (0.4% * cadastral value of the share).
- — The cadastral value of the share is over 1 to 10 million rubles. , then 7000 rub.
This is the situation. A year ago, I bought an apartment in another city and registered it in my daughter’s name. Now we wanted to issue a deed of gift to me, my mother. But the notary refused to give a power of attorney, because... the apartment is not in Chita. And in order to transfer the transfer from my daughter to me, we need to go together to that city, rewrite and wait for the documents.
And this is both expensive and inconvenient. Are there other design options? How to proceed? Along with the topic “Execute a deed of gift” they are also looking for: Urgent legal consultation free of charge 8 800 505-91-11
- Make a power of attorney for another person who will represent your interests
- Any notary you contact is required to issue a power of attorney, regardless of the location of the apartment. Go to someone else, complain to the Notary Chamber.
Drawing up a donation agreement for housing
The document is drawn up in accordance with the laws of the country (a sample donation is here).
The document must contain the following information:
- About the donor : full name, passport details and information about the place of registration. Important! On the basis of the Civil Code of the Russian Federation, Article 575, Part 1, Clause 1, minors, incapacitated persons and their representatives do not have the right to act as donors
- Information about the donee: full name, passport details and information about the place of registration.
Important! Civil Code of the Russian Federation Art. 575 paragraphs 2-3 prohibits persons belonging to civil servants, employees of the Central Bank of Russia, medical and social workers from acting as recipients. If the donor donates property whose value exceeds 3 thousand rubles. to a person who is a civil servant, the property becomes the property of the body in which the donee serves.
In this case, when transferring a gift, an act is drawn up.
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The contract must specify the property.
Example: the donee accepts ownership of one-room apartment No. 13, which is located at the address: the zip code, city, street and house are indicated.
Also in the document it is necessary to indicate the number of storeys of the building (panel or brick) in which the property is located and the floor of its location. Do not forget to indicate information about the number of rooms and total area of housing.
It is worth noting that the subject of a donation can also be part of residential real estate that is in shared ownership. This could be a separate room, part of a room. When drawing up a deed of gift, a clear description of the alienated part of the housing will be required. When donating real estate with a mortgage, a careful study of the loan agreement is required.
If the agreement does not contain information about the prohibition of alienation, then it is necessary to obtain a permitting document from the banking organization.
- Information about documents that confirm the donor’s ownership of the alienated apartment (house).
- Signatures of the parties and the date of the deed of gift.
- At the discretion of the parties, it is allowed to indicate the value of the donated property.
How to register a deed of gift for a share in another city
How to draw up a deed of gift for a share in an apartment? If one of the parties cannot or does not want to be present at the registration of real estate ownership, then this party must write out and notarize a power of attorney for the person who has such an opportunity and has the appropriate authority. Thus, the right to sign the necessary documents in order to register a transaction of transfer of property into ownership will pass to the person in whose name the power of attorney was issued. Plus free legal advice. Lawyer. RU Stage No. 3 – submit documents to the MFC or Registration Office to register the transaction Since 2017, in many cities, you can only submit documents for registration to any branch of the MFC (Multifunctional Center), then from there the documents are transferred to the Registration Chamber.
That is, the Registration Chambers no longer accept citizens directly, but only through an intermediary in the form of an MFC. If documents are submitted to Rosreestr or MFC by a representative, then a power of attorney for him will also be required. All about how to draw up a deed of gift for an apartment between close relatives. Will the granddaughter be able to obtain all the certificates in Moscow on her own or should there be a power of attorney for this too? If a power of attorney is needed, can the grandfather draw it up without the granddaughter, and then send the original by mail or some other way? registration of a deed of gift for an apartment, an extract from the house register, documents for registration of a deed of gift Collapse Victoria Dymova Support employee Lawyer. ru Similar questions have already been considered, try looking here:
- The notary is wrong, he is obliged to issue a power of attorney, but if the power of attorney is for you, then the power of attorney for another person cannot be given to yourself. Legal assistance. Lawyer LUKIN V.N. tel. 8 916-6124626, 8 495-4114507, Address: Moscow, Novorossiyskaya str. 22/31 apt. 2www. advocate-lukin. ru Personal consultation
- Margarita! The notary is obliged to issue a power of attorney; another question is that the daughter will not be able to represent the interests of the two parties under the gift agreement using the specified power of attorney. WITH RESPECT, LAWYER TORCHIGIN DMITRY SERGEEVICHwww. Advocate-t. ru tel.
Requirements for a share in an apartment As a general rule, the text of a deed of gift does not provide for an indication of a specific share in an apartment. The donor indicates the area of the transferred property, as well as the characteristics of the apartment as a whole. Since the property belongs to the owner, and he gives it as a gift to a close relative, he can dispose of it at his own discretion and not ask the consent of the other owners to complete the transaction. There is also no requirement to allocate the alienable share in the apartment in kind. Nuances of registering a deed of gift if the owner is in another city Documents required to formalize a deed of gift for a share in housing for a relative To certify the transaction by a notary, you will need to provide documents on the identities of the parties to the transaction, the agreement itself (if drawn up), documents on ownership of the share.
If a share in marital property is given, the consent of the other half will also be required.
And if the transaction is concluded with a person who is not closely related to the donor, then the recipient will have to pay 13% tax by transferring to the budget. Deadlines According to current legislation, no more than 30 days are allotted for processing documents. It is after this period of time that the person accepting the gift of real estate will receive a certificate of title to the donated property.
Is it possible to draw up an agreement without the participation of a notary? Yes, of course, you can draw up this kind of agreement without the help of a notary. The law does not require such transactions to be notarized.
But if there are concerns that in the future a situation may arise with a challenge to the gift transaction, then the best option would be to notarize these documents. But certification of the transaction by a notary will entail additional costs. A thorough study of the issue does not always guarantee a positive outcome.
On our website you can get the most detailed consultation on your issue from our lawyers for free through an online form or by phone in Moscow (+7-499-350-97-04) and St. Petersburg (+7-812-309-87 -91). Rights and obligations of the parties A deed of gift can only be executed voluntarily, that is, the transaction must have the consent of not only the donor, but also the donee. If a close relative does not want to accept a share in the apartment as a gift, then he can refuse the transaction and not explain the reasons for his refusal. The law is uniform, but, unfortunately, each region may have its own requirements.
You can draw up a gift agreement in simple written form, have a notary certify the authenticity of your daughter’s signature on the application for state registration, and also issue a power of attorney on her behalf in your name to represent her interests in the Federal State Registration Service of the region where the apartment is located.
- If you purchased the property before you entered into an official marriage, you will need to submit a corresponding application certified by a notary.
- If the property being donated contains persons under the age of majority, then consent must be obtained from the guardianship authorities.
- A guardian's agreement is required if the transaction involves a person under 18 years of age or an incapacitated citizen.
- If the transaction is executed by third parties, then you must provide a notarized power of attorney.
If the recipient is under 14 years old, then his birth certificate and the passport of one of the parents.
- If the apartment is jointly acquired property and is registered in the name of only one of the spouses, then the notarized consent of the donor’s spouse is required. It costs 1-2 thousand rubles to obtain consent from a notary. ;
- If a proxy acts for one of the participants in the transaction - a notarized power of attorney (original and copy). The power of attorney is certified by a notary for 1-2 thousand rubles.
- The state fee that you pay for registering this transaction.
- Notary services, if the transaction between you is concluded with his help, but if you draw up the documents yourself, then this expense item is excluded from you.
- 13% tax if the transaction is carried out between people who are not classified as close relatives.
- The donor will need to have the property assessed by the BTI, which is also subject to payment.
My answer is your feedback. JURIUS LLC (23.08.2014 at 23:25:16) Good afternoon! The gift agreement is concluded in simple written form.
The transfer of ownership under a gift agreement from the donor to the donee must be registered in the Unified State Register after submitting the gift agreement to any body of Rosreestr (not necessarily at the location of the real estate). These changes to the Federal Law “On state registration of rights to real estate and transactions with it” were introduced by Federal Law No. 250-FZ dated July 23, 2013, and came into force on October 1, 2013. If you have any questions, please contact us. I would be grateful for your feedback. Kolobkov Sergey Leonidovich (24.08.2014 at 05:08:55) Hello! Yes, you can issue a deed of gift for a house that is located in another region.
Useful links - how to formalize the donation of an apartment from a notary in 2018 and what documents are needed; Find a notary “near me on Yandex. Map - shows customer reviews and ratings, addresses, telephone numbers, opening hours, etc. The cost of additional service No. 3 - notarized consent from the donor's spouse. This consent is required if a share in the apartment that was purchased during marriage is given. was issued only to one of the spouses. Any real estate purchased during marriage is considered the common property of BOTH spouses, even if it is registered in the name of only one of them (Clause 2 of Article 34 of the RF IC).
Such consent can only be certified by a notary (clause 3 of Art. Thank you for your answer! And with the notary you draw up a power of attorney for your daughter, in which you authorize her to give this specific agreement for state registration and receive registered documents and a certificate. NOT to sign the agreement, namely , give documents - receive documents.
In Moscow there are never any problems with this. Sincerely, Kharchenko O.V. Thank you for your answer! Olga Valerievna! Thanks for the answer. Let me clarify.
The apartment registered to my daughter is located in another city. She and I live together in Chita. Therefore, I need to go to this city and re-register the apartment in my name using a deed of gift. My daughter didn’t want to disrupt it because of her studies.
The notary said that this is basically impossible, because the housing is located in another city and the daughter needs to draw up a power of attorney for a stranger in order for us to draw up a gift deed.
The difference between a will and a deed of gift
There are several factors that distinguish the transfer of real estate by gift and by will:
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- In a donation there are 2 parties, and in a will – 1. The expression of the will of the donor occurs through the transfer of the apartment to the donee. And the will of the testator is carried out through a drawn up will (sample here), which the heir has the right to study only after the death of the testator.
- The deed of gift contains information only about the property that is transferred to the donee. The will can indicate all material and intangible benefits transferred to the heirs. Moreover, the testator may not possess these benefits in the present time, but may acquire them in the future.
- A donation implies the transfer of ownership of an apartment (house) after the deed of gift has been signed and all steps for state registration of the object have been completed. The will provides for the transfer of ownership after the death of the testator and compliance with the procedure for entering into inheritance.
- The testator has the right to change the will at any time. As for the donated apartment, if the donation agreement (agreement here) was correctly drawn up, then it will not be possible to return the property back.
- Donation implies the inability of the donor's heirs to claim the gifted object. Housing transferred by will often becomes the object of disputes among heirs and challenging the inheritance in court.
Which is better, a will or a deed of gift in Russia, you can read HERE
Important!
If an apartment is donated between close relatives, then no tax is required.
It is worth noting that the process of donating real estate itself has some nuances and methods of registration:
- Simple - the actions of drawing up a deed of gift, signing it and completing the procedure for registering property rights are carried out independently.
- Notarial.
Execution of a gift agreement in an MFC in another city other than the location of the apartment
The transfer of a share of property is carried out without general consent. The conclusion of a transaction can be independent and notarized. In the second case, all the nuances of the legislation on the transfer of property are taken into account. Regardless of the registration method, it is mandatory to undergo state registration after drawing up the contract. A deed of gift is, at its core, an act of good intentions, but it is not documentary evidence of ownership. The transfer of property as a gift to another person is registered by the MFC, the cadastral register and the Federal Service. Registration of property rights under a gift agreement is also prohibited for officials. The use of the condition on the transfer of an object to another owner after the death of the previous owner is excluded. Donation and will are two completely different concepts. The transfer of rights occurs immediately after the signing of a legally binding agreement.
Attention! If there are several owners, the deed of gift is executed only when there is written permission from all parties. Will the granddaughter be able to obtain all the certificates in Moscow on her own or should there be a power of attorney for this too? If a power of attorney is needed, can the grandfather draw it up without the granddaughter, and then send the original by mail or some other way? registration of a deed of gift for an apartment, an extract from the house register, documents for registration of a deed of gift Collapse Victoria Dymova Support employee Lawyer. ru Similar questions have already been considered, try looking here:
- passport;
- technical documents for residential premises;
- a gift agreement drawn up in accordance with the rules;
- a certificate confirming the absence of debt on utility bills;
- certificate of ownership of the transferred apartment;
- a certificate allowing you to get an idea of the number of citizens registered in the territory of the residential premises;
- a receipt confirming payment of the state duty.
What papers will be needed?
The following papers will be useful for registering a deed of gift for real estate:
- Passports of the donor and recipient.
- A certificate confirming the donor’s right to own and dispose of the transferred real estate.
- If you donate a residential building rather than an apartment, you will need to provide an extract from the house register. It can be obtained from the passport office at your place of residence.
- Special inventory certificate. This is a special certificate that confirms the cadastral value of housing. It can be obtained from the Technical Inventory Bureau.
- If the donee is incapacitated or has not reached the age of fourteen, then the written permission of his official representative or guardian is required to enter into a transaction.
- If you plan to act not personally, but through representatives, you will definitely need to draw up a power of attorney and have it notarized.
How to draw up a deed of gift if the donor is in another city
Although at the moment the Registration Chamber does not require this certificate, it is worth taking it so that the recipient knows who is registered in the apartment or who is not registered. if trustees act for one or both participants in the transaction - a notarized power of attorney (original and copy); Permission from the guardianship and trusteeship authorities. This permission is necessary if the donee is a minor or incapacitated. Also, in some cases, this permission is needed if the donee has a guardian instead of parents, but this depends on who the guardian is (we advise you to check in advance with the Registration Chamber regarding permission). But in each specific case, the Registration Chamber may require additional documents and certificates. And at the notary, draw up a power of attorney from your daughter for yourself, so that you can give this specific contract to the state yourself. And if the transaction is concluded with a person who is not closely related to the donor, then the recipient will have to pay 13% tax by transferring to the budget. Deadlines According to current legislation, no more than 30 days are allotted for processing documents. Contents: Hello. You can draw up a gift deed in any city. The main thing is that there are grandfather’s signatures. Documents can also be submitted using a notarized power of attorney issued to any person.
There are no negative consequences, since the power of attorney will only be for submitting documents (this is all that needs to be written down in the power of attorney). You can draw up an agreement yourself, you can have it from a notary, or you can from any lawyer (they will draw up a normal agreement cheaper than from a notary). To obtain documents, my granddaughter needs a power of attorney. The grandfather can register it with a notary without his granddaughter, but he will need a photocopy of his granddaughter’s passport so that the notary can make a power of attorney.
List of documents that must be submitted in originals and copies: passports of the donor and donee (originals); gift agreement; The number of copies of the agreement depends on the number of participants in the transaction, plus one copy, which remains in the Registration Chamber. Advantages: Actions required before this procedure Agree with the person to whom you plan to donate the property on the issue of his acceptance of this property and begin the registration process.
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The relative you are gifting must receive an extract from the Unified State Register before completing the transaction.
Can the donation be formalized in a different location from the location of the apartment?
Instructions for drawing up a gift agreement. What documents are required to formalize a deed of gift? How much does it cost to issue a deed of gift for an apartment?
It turns out that donation requires both the desire of the donor and the consent of the recipient, that is, two parties.
It is better not to enter into a transaction without personal presence at the registration authorities if you do not fully trust your attorney, because with the participation of an attorney, cases of fraud may occur.
Criminal cases (court, investigation) of any complexity. A clear, truthful presentation of the prospects for the dispute and competent work on collecting evidence. Work for results.
How to Register a Deed of Gift for a Share in Another City
For example, if suddenly one of the property owners donated his share to a complete stranger, for no apparent reason, then the remaining owners can, through the court, declare such a transaction void. Conditions for transferring your share A distinctive feature of these transactions is that they are completely free of charge. There is no need to notarize such an agreement; you can formalize the transaction in writing; the law does not require a notary’s signature in such a document.
An agreement under which one of the parties donates real estate to the other party must be concluded in three copies. All three copies of the agreement must be signed by both the donor and the person receiving the property as a gift. In order to officially register the transaction, it is necessary to provide such a real estate transfer agreement to the registration department.
- The state fee that you pay for registering this transaction.
- Notary services, if the transaction between you is concluded with his help, but if you draw up the documents yourself, then this expense item is excluded from you.
- 13% tax if the transaction is carried out between people who are not classified as close relatives.
- The donor will need to have the property assessed by the BTI, which is also subject to payment.
Disadvantages of such a transaction: The disadvantages of this option for transferring property are also obvious. Article updated: May 4, 2020 The total cost of conducting the entire transaction of donating an apartment to a notary includes: 1) the cost of drawing up and certification of the donation agreement; 2) the cost of filing a registration agreement; You may also need an additional service - notarized consent from your spouse. Cost of service No. 1 - drawing up and certification of a share donation agreement The cost of this service depends on whether you contacted a notary without fail or at your own request. We advise you to carefully read in what cases the contract must be certified, because if you go to a notary at your own request, it costs more. If the contract must be certified
- The share of the apartment is given to a close relative(s), that is, spouse, parent, son/daughter, grandson/granddaughter. — If the cadastral value of the share is up to 10 million rubles. , then certification of the contract costs 3000 rubles. + (0.2% * cadastral value of the share).
- — The cadastral value of the share is more than 10 million rubles. , then 23,000 rub. + (0.1% * (cadastral value of the share - 10 million)). But the final cost of the certificate should not exceed 50 thousand rubles. Show examples Example No. 1: Alexander has an apartment in Moscow, he is the sole owner. He decided to give half of the apartment to his son, i.e. 1/2. Although not necessary, they decided to contact a notary, i.e.
How to Register a Deed of Gift for a Share in Another City
Is it possible to draw up an agreement and for whom?
Real estate is the most common type of property donated. This is due to the fact that small gifts worth less than three thousand rubles do not need to be registered. This is considered an oral transaction. This practice is completely legal and is not controlled by law.
An apartment is considered a major gift and in order to transfer ownership of it, you have to sign a certain agreement.
It is possible to issue a deed of gift to anyone. True, under different conditions. Most often, such gifts are given to close relatives.
It is possible to issue a deed of gift even while in another city. There are ways to submit an application that do not require a personal visit to the registration authorities. For example, send a proxy in your place with a notarized power of attorney or send documents by mail.
Grounds for cancellation of deed of gift
This is the situation. A year ago, I bought an apartment in another city and registered it in my daughter’s name. Now we wanted to issue a deed of gift to me, my mother. But the notary refused to give a power of attorney, because... the apartment is not in Chita.
This is due to the fact that there are blood ties between the parties to the transaction, which leave a certain imprint on the action being performed. After all, more often than not, loved ones fulfill their responsibilities towards each other more responsibly. The employee will take your documents and give you a receipt indicating the date when you need to apply for a certificate confirming the transfer of ownership.