Is it possible to issue a deed of gift for a minor child in Russia?

How to draw up a deed of gift

A deed of gift for an apartment transferred to a minor child contains important terms of the transaction.
7 main points of the agreement:

• date and place of signing the document;
• last names, first names, patronymics and passports of the parties;
• the document on the basis of which the guardian acts;
• real estate object (address, area and other conditions allowing its identification);
• the date from which it was decided to donate property to minors;
• number of copies of the agreement (copies are drawn up according to the number of parties to the agreement);
• signatures of the parties.

The parties can determine the terms independently. The rule was approved by Art. 421 Civil Code of the Russian Federation. This means that you can make the transfer of an apartment dependent on the fulfillment of any conditions.

Example 1. Semenov V.N. wants to donate his apartment to his minor son if he successfully completes his studies at an educational institution. In Russia, it is allowed to include conditions precedent in a deed of gift.

This means that you need to write that your son will receive housing only if he receives a certificate confirming successful completion of a university.

Art. 572 of the Civil Code establishes that a deed of gift for a minor child must be gratuitous. However, in this case, the son does not provide anything to the father, and the terms of the deal oblige him to behave with dignity.

Example 2. A grandmother wants to give an apartment to her granddaughter, but she is afraid that her granddaughter will not want to get married. Then a suspensive condition is included in the gift agreement for a minor: the apartment is transferred to the donee only if he enters into a marriage union and provides a certificate issued by the civil registry office.

Gift deed for a minor child and rules for its preparation

When deciding to give your children a share of real estate, a car or other valuable property, you must remember that in this transaction, his legal representative - a guardian or parents - will act on behalf of the minor donee.
They will be able to sign a sample deed of a car or apartment, but will not receive the right to dispose of the acquired property. If the child is under 14 years of age, then his presence at the conclusion and registration of the contract is not mandatory. For persons who have reached the 14-year-old threshold and have received a passport of a citizen of the Russian Federation, different rules apply. By law, such a donee is required to be present when signing a gift agreement for a share of real estate or other property. Read also: What is a deed of gift for real estate

Today there is no single standard or form for drawing up a gift agreement for a car, apartment or share of land. The document is drawn up in free form, indicating mandatory details, such as passport data of the participants in the transaction (donor, donee and his representatives), information about the object of the gift, terms of the transaction, etc. It is not necessary to notarize the document, but most Russians decide to carry out the transaction through lawyer.

If the legal representative has assessed all the pros and cons of the gift, and does not want to accept the gift, he is obliged, on behalf of the child, to draw up a sample written refusal of the deed of gift. In this case, the age of the recipient is of great importance. A child over 14 years old will make his own decision, but his parents will sign for him.

When registering a deed of gift for a share of real estate or all property, you must take into account that the other person who is registered in the apartment must provide written consent to the transaction. Also, jointly acquired property during marriage can be donated only with the permission of the spouse.

Donating a share of property is a gratuitous transaction, i.e. the recipient of the property will not have any financial obligations to the donor. However, in some cases, the primary owner may impose a number of conditions, after which the minor donee will be able to fully assume ownership rights. These conditions include marriage, graduation, and reaching adulthood.

Contents of the deed of gift

You can draw up a gift agreement under certain conditions. It is possible to determine the future fate of the property in the event of the death of the donee. For example, establish that the property returns to the donor.

When the parties decide to formalize a gift agreement in the future, a clause can be included to rescind the decision if the donor's financial situation worsens.

There is a general basis for canceling a transaction. This is unworthy behavior towards the donor. If an attempt is made on his life and health, the deed of gift is cancelled.

Conditions can be included until the actual transfer of the living space. Conditions are allowed that do not create counter-obligations for the donee.

Is it possible to revoke a deed of gift?

To revoke a deed of gift, the donor must provide compelling reasons, for example:

• the minor recipient uses the housing for other purposes and worsens its condition;
• the child made an attempt on the life of the donor or his relatives;
• the donee died before the donor and this clause was present in the text.

If the terms of use are violated by the parents and not the child, then the deed of gift cannot be revoked. The above are special grounds on which a donor can revoke a gift. There are other reasons for challenging the contract:

• the spouse does not agree to the donation;
• the contract contains conditions for compensation for housing;
• there is a condition on the transfer of housing after the death of the donor;
• the transaction is aimed at avoiding liability;
• the donor is an insane person; acted under threat or found himself in extremely unfavorable circumstances.

Transaction form

When a gift is made on behalf of a minor, ordinary writing is sufficient. There is no need to register the agreement.

The donation of a separate share of real estate to a minor child is notarized. The question of how to issue a deed of gift for a child must be resolved in the Rosreestr department. This is where the registration of real estate rights takes place.

If you are deciding whether it is possible to issue a deed of gift for a minor child, you will have to bear the costs of registration:

• notary fees and tariffs are paid;
• A state fee is paid for registering the transfer of ownership.

As a rule, the recipient of the gift pays the costs, but the parties may provide other conditions.

Documents for execution of the contract

To issue a deed of gift for an apartment for a child, you will need to collect the following documents:

• donor's passport;
• birth certificate of the donee (upon reaching 14 years of age - passport);
• cadastral passport from the BTI;
• extract from the house register;
• certificate from housing and communal services confirming the absence of debts;
• extract from the Unified State Register;
• technical passport for the apartment;
• permission from legal representatives and guardianship authorities;
• consent of other property owners.

Donation of a share

You can transfer not only the entire object, but also a share in it. There is a difference from a purchase and sale transaction: you do not have to obtain the approval of other owners. Since the question of whether it is possible to make a deed of gift for a minor child is positively resolved, it is necessary to draw up the contract correctly. The size of the share, its area, and exact address are indicated.

You will inevitably have to incur additional costs for notarization. Whether it is possible to issue a deed of gift for a minor without the participation of a notary is not decided when the share is transferred.

Which is better: a will or a deed of gift?

You can issue a deed of gift to the parents for a minor child, or you can make a will. There are fundamental differences between these documents.

Table of differences between a gift agreement and a will:

Gift agreement for a minor

Info

Question - Answer After the death of my father, it turned out that under a gift agreement he transferred his apartment to his cohabitant, but did not have time to register this with Rosreestr. Can heirs claim this apartment and invalidate the contract if the contract is notarized? Ownership of an apartment, as a legal right to property, arises from the moment of state registration of the transfer of such right.

If the transaction was not registered during the life of the donor, the donated property is included in the inheritance estate. In this case, all heirs have the right to claim this property.

Since the deed of gift for the apartment has not passed state registration, after the death of the donor it becomes insignificant, so the heirs can apply to the notary at the place where the estate was opened with applications to enter into the inheritance.

Advantages and disadvantages of the deal

The design is affordable. You can fill out the contract yourself and submit it to Rosreestr specialists for registration.

Documents are processed quickly. As a rule, the registration procedure takes ten days.

However, there is also another side to the coin. Recipients of property will have to share the benefits received with the state. The tax is 13%. Taxation can be avoided if the parties to the contract are close relatives. For example, parents and children, sisters and brothers.

Bottom line

You can give property to a minor. The completed contract is notarized when the share is transferred. In other cases, the usual written form is quite sufficient.

A legal representative acts on behalf of the children. The signature is provided by the guardian of minors under 14 years of age.

You can use the gift of real estate to a minor child as a way to influence him. Conditions precedent to a transaction do not contradict the law. Perhaps a son or daughter will be more responsible about their studies if getting an apartment depends on graduating from university.

More about deals

According to current legislation, the sign of majority is achieved from the moment of celebrating the 18th birthday. It is from the next day that an individual will be considered to have full legal capacity (the presence of fundamental rights and freedoms), legal capacity (the ability to use one’s rights) and tortious capacity (responsibility for violating the law).

Until this time, the person will be considered a minor and the agreement to donate an apartment to a minor child will be concluded under special conditions.

We can roughly divide the age under 18 years into two categories:

• 0-14;
• 14-18.

With children under 14 years of age, agreements will be drawn up through a legal representative, who is a parent or guardian. In this case, a minor is not given the right to sign.

After crossing the border at 14 years of age, the donation of an apartment to a minor child occurs with the personal participation of the recipient. Also, the subject independently certifies the transaction with a personal signature, but in the obligatory presence of an adult guardian, who also puts his signature on the document.

The legislator proposes a limited list of grounds under which a 16-year-old person is legally treated as an adult.