To whom can a deed of gift be issued?
The donation agreement for the house is drawn up in the name of the following persons:
- immediate family (husband, wife, children, grandparents, brothers and sisters);
- nephews, cousins and second cousins, etc.;
- friends, acquaintances.
Close relatives accepting real estate as a gift are exempt from paying a tax of 13% of the value of the property.
A donation can be made to a minor. In this case, the agreement is signed by the child’s legal representative. If a minor citizen is over 14 years old, the agreement must be signed by both the authorized person and the donee.
IMPORTANT! Gift transactions on behalf of minors and incapacitated citizens by their legal representatives are prohibited.
General rules for registering a deed of gift
Typically, practicing legal consultants distinguish two ways to draw up a gift agreement, each of which has its own positive and negative nuances. The first of them includes working with a notary, the second is drawing up a deed of gift without certification.
As a rule, they resort to concluding a deed of gift without the services of a notary in order to save money. Most often, subjects of legal relations choose this way of formalizing the described type of transactions when there is no threat of challenging the agreement on the part of other interested parties.
In this way, the deed of gift is drawn up in 2 stages: a) signing the agreement; b) registration of papers.
As a rule, the deed of gift is drawn up in printed form. Its contents indicate the data specified in the identity cards of the subjects, as well as the very subject of the agreement and the grounds for the transfer of rights. To register a home as a gift, indicate it:
- legal address;
- characteristics (house on land, apartment or room);
- footage;
- number and footage of residential premises.
Then the details of the title document are indicated - a certificate according to which the donor is endowed with the status of owner of the alienated property.
Also (in order to avoid subsequent proceedings in court), the text of the agreement notes that the person who gratuitously transfers the rights to a specific material good guarantees that they are not transferred to any other citizens before the conclusion of the agreement, are not alienated free of charge, and are not held as collateral in temporary ownership individual or legal entity.
After the document is read by both parties, the signatures of the parties to the legal relationship are placed on its form and the paper is sent for registration. You can both draw up and register the agreement at the district office of the Federal Registration Service or the nearest MFC. All registration and registration procedures in these organizations are identical. To implement them, you must provide a sample agreement on the alienation of property (in triplicate).
What documents are required when making a donation?
Documents for registration of a deed of gift for a house:
- passports of the parties to the transaction;
- title documents for real estate;
- contract of sale;
- cadastral passport for land;
- an extract from Rosreestr confirming the absence of encumbrances on the property;
- if the house is in shared ownership, written consent of the co-owner to the transaction;
- written consent of the donee;
- a certificate of absence of registration or a list of persons who have grounds for residing in the house after the transaction.
IMPORTANT! When donating a house, it should be taken into account that along with it, the recipient receives the land on which the object is located.
Recovering lost papers
When collecting the necessary documents for a land donation agreement to a relative, it may turn out that some of the documents are missing.
There is a need for additional re-registration.
If there is no certificate of ownership in hand, the owner of the plot needs to go to Rosreestr with an application and identification card. Before this, a state fee is paid in accordance with Article 333.33, paragraph 33 of the Tax Code. Its cost is 350 rubles. Ready time: three days .
Cadastral papers for a plot can be obtained from the MFC or also from Rosreestr. To receive these documents for a deed of land, you will need a passport, a certificate of ownership, an application and a payment slip for 200 rubles to pay the state duty.
Another document for registration of a deed of gift for land, which can be obtained from Rosreestr, is an extract on the absence of encumbrances on the land territory. You need an application for the provision of such paper, a passport of the owner of the territory and a payment slip for the state duty of 200 rubles.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-29-87
For an extract from the BTI, you will also need to pay a fee, provide the owner’s passport and a certificate of ownership of this plot.
A certificate of payment of land tax is provided after contacting the Federal Tax Service inspectorate . It is necessary to fill out a request and provide a passport of the owner of the site. Registration takes place within 5 days. You can also apply for such a document at the MFC. In this case, it will be ready in 10 days.
In principle, collecting all the documents for donating a land plot is not so difficult, you just have to spend a certain amount of time and money. You can find out more about how much a land donation agreement costs and how to get it cheaper in a separate material.
Sample deed of gift for a house
The deed of gift for the house and land is drawn up in writing in triplicate.
The document contains the following information:
- Information about the parties to the transaction (full name, passport details, actual residence addresses).
- Subject of the agreement. The exact location of the house, number of floors, type of building (brick, log, etc.), number of rooms, availability of communications, area (sq. m.), number and date of issue of the title document in the name of the donor are indicated.
- Information about the land plot is recorded (address, cadastral number, area (ha), number and date of issue of the donor’s certificate of ownership).
- Rights and obligations of the parties to the agreement. The procedure for refusal of the donee to accept real estate, cases of cancellation of the transaction at the initiative of the donor in accordance with Article 578 of the Civil Code of the Russian Federation (for example, if the donor outlives the donee) are discussed.
- Final provisions. The procedure for resolving disputes, transfer of property, distribution of expenses between the parties to the transaction, and the need for notarization of the agreement are established.
- Signatures of the parties, date of preparation.
IMPORTANT! If the donor transfers a share of the house into the ownership of the donee, the agreement must be certified by a notary.
A sample agreement for the donation of a residential building and land is available here.
Donation not registered
Advice from lawyers:
1. An apartment for four was privatized at 1.4, then the parents give us their shares, due to ignorance of the law, the gift agreement was not registered, the parents have already died. More than six months have passed. How to register these shares for yourself. My husband has a brother. He does not claim to inherit these shares.
1.1. Hello! Contact Rosreestr and register ownership.
Did the answer help you?YesNo
1.2. In what year was the gift deed concluded? It is very important.
Did the answer help you?YesNo
1.3. Good afternoon Enter into an inheritance, and your husband’s brother, if he is related to the deceased parents, then he needs to write a statement to the notary about the renunciation of the inheritance share in favor of your husband, and if he has no relation to the deceased, then his rights here are in no way are affected. As for the Donation Agreement, it is invalid and does not give rise to any legal consequences for you, due to the lack of state registration.
Did the answer help you?YesNo
1.4. Yes, it’s easier to register an inheritance.
Did the answer help you?YesNo
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2. The donee died a year after the donation agreement was drawn up without registering the donation in the Russian Register. (this is mandatory under the agreement) whether the heirs have the right to complete registration and in what cases the gift agreement can be canceled. The donor is alive.
2.1. Hello. This transaction under a gift agreement, I believe of real estate (the question does not indicate property), had to undergo state registration in Rosreestr. Since the agreement has not undergone such registration, the donor is still listed as the owner. The heirs of the deceased donee can apply to the court to include this property in the estate and only if the court makes a decision in their favor can they register this right. The donor, in turn, can go to court to declare the transaction invalid because it has not passed state registration.
Did the answer help you?YesNo
2.2. Hello. They don't have the right.
Did the answer help you?YesNo
2.3. According to the law, the acquirer's right of ownership of real estate under the contract arises from the moment of state registration (Part 2 of Article 223 of the Civil Code of the Russian Federation). Since registration did not occur, the donor’s right of ownership did not arise and the inheritance for the subject of the gift was not opened after his death (Article 1112 of the Civil Code of the Russian Federation).. Unless, of course, the subject of the gift agreement is real estate.
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3. There is only one heir registered in the inherited apartment. There is a will for him and then a deed of gift, not registered. The deadline for submitting an application to a notary has been missed, which was indicated by the notary himself at the request of the court. However, the notary provided the court with a statement from this heir retroactively. There is no signature of the heir on it. The notary issued a will certificate to this heir. Are the actions legal?
3.1. In accordance with Art. 49 of the Fundamentals, an interested person who considers a notarial act performed or a refusal to perform a notarial act to be incorrect has the right to file a complaint about this with the court at the location of the notary office or authorized official.
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3.2. Yes, quite legitimate.
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3.3. So the deadline was missed or a certificate was issued?
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4. Please, I have a deed of gift in my hands, I pay all taxes on the land, but I haven’t registered the deed of gift, many years have passed, how can I register it and is there a statute of limitations?
4.1. Urgently register the agreement in the Russian Register. A law will soon be released on registration of an agreement within a year from the date of donation. The court may not help you.
Did the answer help you?YesNo
4.2. Nikolay, hello! Yes, you need to contact your Donor under the agreement and together with him contact the Rosreestr Office for state registration. registration of the contract and transfer of ownership. If the Donor refuses, then it will be necessary to try to recognize the right of ownership in court, but the result may be negative. The third option is recognition of property rights by acquisitive prescription, but this requires that 18 years have passed since the signing of the contract. Sincerely, Kharchenko O.V.
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4.3. Dear Nikolay, you and the donor need to contact the registry office. chamber and register the gift agreement, or in court.
Did the answer help you?YesNo
5. The real estate donation agreement was concluded in 1995. The donation agreement is not registered in the register and the transfer of ownership of the property is not registered. The donor died in 2002. What are the rights of the donee to real estate? What is the validity period of the gift agreement?
5.1. Ghana mate, the gift deed in 1995 had to be registered with the BTI. If this was not the case, then there was no gift. The donor remains the owner of the property, and this property is his inheritance. The donee has no rights in this case.
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5.2. I think that even if there is no accounting in the BTI, one should try to recognize ownership. After all, the BTI was not a body created in accordance with the Registration Law; the Law itself did not yet exist, therefore there was no procedure in accordance with paragraph 6 of Article 131 of the Civil Code of the Russian Federation. In addition, Part 2 of the Civil Code came into force on March 1, 2006. At the same time, a requirement appeared to register not only the ownership right, but also the gift transaction itself. BTI registered only the right. Therefore, the gift agreement itself can be considered valid, and this is the basis for recognition of ownership. Sincerely, Fomicheva O.V.
Did the answer help you?YesNo
5.3. Ganamat, I agree with Olga Vladimirovna. If the agreement was concluded by a notary, but is not registered with the BTI, then you can try to recognize the ownership of this property in court. With my previous answer, sorry, I was in a hurry. .
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6. Is it possible to revoke a deed of gift for an apartment if the deed of gift is not registered in the state register?
6.1. Good afternoon. If the recipient does not object to such actions, yes. If he objects, then the donation was made from the date of signing the Agreement, and Rosreestr simply carries out state registration of the transfer of rights.
Did the answer help you?YesNo
6.2. If the agreement is not registered in Rosreestr (has not passed state registration (the form of the agreement has not been followed) and the transfer of ownership is not declared by the donor, then such an agreement does not have any legal consequences for the parties. God himself knows what you are going to revoke.
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7. And if the gift deed is not registered with the registration chamber, can it be transferred to another person and registered?
7.1. You can conclude a new gift agreement and register it in the Russian register.
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7.2. It depends on what year the gift agreement was concluded and in what form. The rights of the donee cannot be ignored.
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8. Neighbors donated an apartment to a minor boy in 1998 by notary. To date, the gift agreement has not been registered with the Registration Chamber. The neighbors have no heirs. How to register ownership of an apartment now. If the donee is currently married, will the wife have the right to a share in the apartment?
8.1. To register the agreement, contact the Federal Registration Service. The wife will not have rights to the donated apartment.
Did the answer help you?YesNo
8.2. We need to register ownership now. The wife will not have the right. This is a gift.
Did the answer help you?YesNo
9. If a gift agreement is not legally registered, does the statute of limitations apply when challenging it and how is it calculated?
9.1. Dear Nikolay, Gelendzhik! For this category of cases, according to Article 196 of the Civil Code of the Russian Federation, the TOTAL limitation period is set at THREE years! I wish you good luck Vladimir Nikolaevich Ufa 01/12/2012 13:54 Moscow time. Vr.
Did the answer help you?YesNo
9.2. Good afternoon, Nikolay. If the gift agreement is not registered, then the transaction is considered invalid and the agreement is not concluded. There is no need to dispute anything. The following are the norms of the Civil Code of the Russian Federation: Article 131. State registration of real estate 1. Ownership and other real rights to immovable things, restrictions on these rights, their occurrence, transition and termination are subject to state registration in the unified state register by the bodies carrying out state registration of rights to real estate and transactions with her. The following are subject to registration: the right of ownership, the right of economic management, the right of operational management, the right of lifelong inheritable possession, the right of permanent use, mortgage, easements, as well as other rights in cases provided for by this Code and other laws. Article 164. State registration of transactions 1. Transactions with land and other real estate are subject to state registration in cases and in the manner provided for in Article 131 of this Code and the law on registration of rights to real estate and transactions with it. 2. The law may establish state registration of transactions with certain types of movable property. Article 165. Consequences of failure to comply with the notarial form of a transaction and the requirement for its registration 1. Failure to comply with the notarial form, and in cases established by law, the requirement for state registration of the transaction entails its invalidity. Such a transaction is considered void.
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10. Donation agreement for an unregistered car Hello! I bought a car 10 days ago and haven’t registered it with the traffic police yet. Is it possible now to notarize a deed of gift of this car to my husband, having only the title, transit numbers and a car purchase and sale agreement in hand? Thank you. Sincerely, Irina.
10.1. Hello. You need to register the car in your name, and then deregister it and enter into a donation agreement. Although this car is your joint property, so you can demand from the traffic police to issue you two vehicle registration certificates...
Did the answer help you?YesNo
10.2. Dear Irina! Firstly, it is absolutely not necessary to notarize such an agreement. Secondly, you can sell or donate a car that is not registered, however, most likely, the new owner will be denied registration - all traffic police officers believe that before alienating a car, it must be registered. Sincerely.
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What to do, what to do? Thanks in advance.
11.1. File a lawsuit.
Did the answer help you?YesNo
11.2. Valentina! To whom is the deed of gift issued?
Did the answer help you?YesNo
12. Our mother gave me and my brother a 1/2 share of a house in the village. The deed of gift has not been registered at the Companies House. My brother renounces his share in my favor. We can formalize his share as a gift, and only then register it with the registration chamber. Best regards, Nina.
12.1. Hello Nina! 1. A gift agreement is not valid if it is not registered. I would suggest that you immediately draw up a deed of gift in your name and register it with the registration chamber.
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12.2. I want to clarify. Most likely, the original document on mother’s property rights remained in the notary’s files, so it will not be possible to conclude another agreement. It will be necessary, by mutual consent of everyone, to terminate the original gift agreement with the notary and conclude a new agreement only between the mother and you.
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13. The grandmother gave her grandson a 1/3 share in the apartment, but the gift deed was not registered because there was a seizure on the registration actions, which had not yet been removed during her lifetime, what should we do now and what to do, her will was precisely to donate her share specifically to the grandson, whether this agreement will be registered after the arrest is lifted.
13.1. Hello! If the donor has already died, then it will not be possible to register him, because... This agreement has no legal force.
Did the answer help you?YesNo
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14. The mother gave her share of the house as a gift to her son in 2001. In 2007, the son died. The gift agreement is not registered with the BTI and other authorities. How now to register his property under a gift agreement when registering an inheritance with his wife?
14.1. There is no registration, no ownership, the spouse has no inheritance. So, if the spouse’s mother is alive, then she is still the owner of part of the house.
Did the answer help you?YesNo
15. How to recognize a gift agreement that is not registered in accordance with the law as void if a decision is made on the basis of which the ownership right under the specified gift agreement is recognized. Simply, an heir according to the will appeared.
15.1. The heir must submit an application to restore the period for entering into inheritance and then challenge the decision on the contract.
Did the answer help you?YesNo
16. I own a private house, registered. In Moscow, which my grandmother gave me in 1992. I have Moscow registration in my husband’s apartment. I was denied registration in the house because... there is an illegal extension to the house (according to the BTI), in addition, the gift agreement is not registered with Rosregistration. Am I rightfully denied registration? Best regards, Olga K.
16.1. Dear Olga! The facts you indicated cannot be grounds for refusing registration at your place of residence. However, most likely, you will have to prove this in court. Sincerely, Demidova N.G.
Did the answer help you?YesNo
17. Is a gift agreement valid without registration with the State Register? Can anyone lay claim to an apartment if the gift deed is not registered with the State Bureau of Investigation? Thank you, Natalya.
17.1. Dear Natalia! In accordance with paragraph 3 of Art. 574 of the Civil Code of the Russian Federation, a contract of donation of real estate is subject to state registration. Accordingly, until such registration is carried out, the donee cannot be considered the owner. The donor remains the same. Therefore, before state registration, it is theoretically possible that other applicants for the apartment may appear in some transactions and (or) the donor’s refusal to execute the gift agreement on the grounds specified in Art. 577 of the Civil Code of the Russian Federation or cancellation of the donation on the grounds specified in Art. 578 Civil Code of the Russian Federation. But in any case, the transfer of ownership of an apartment to someone cannot take place without state registration of such a transfer.
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How to register a deed of gift for a house and land
After completing the deed of gift for the house and land, the parties to the transaction must prepare a package of documents and submit information about the concluded agreement to Rosreestr. Information about existing legal relations is checked for legality and entered into the Unified State Register of Real Estate.
List of documents
For state registration of a donation agreement for a house, the following is required:
- three copies of the deed of gift;
- application (filled out according to the form approved by order of the Ministry of Economic Development No. 920 dated December 8, 2015);
- copies of identification documents of participants;
- title documents for the house and land;
- receipt of payment of state duty (for individuals it is 2,000 rubles);
- extract from the house register;
- technical certificates from BTI.
Two applications for registration of the agreement are submitted: one is drawn up by the donor, the second - on behalf of the recipient. One of the parties to the transaction or a third party can submit information to Rosreestr by providing a notarized power of attorney.
Documents for deed of gift: preparatory period
In order to conclude an agreement on the gratuitous alienation of property, it is necessary to collect and submit in the proper form the papers for the gift transaction. The collection of this package is necessary, firstly, so that the donor has official evidence at his disposal confirming that the property being transferred (for example, a home) is his undivided property. Secondly, the collected papers will contain a number of data necessary for drawing up the deed of gift. Thus, they may indicate the technical characteristics, area, condition and name of the item.
In particular, the preparatory documents include:
- certificates confirming that the donor has ownership rights to the material goods alienated by him;
- extracts (from accounting journals and house books);
- a document issued by the BTI containing data on the ongoing inventory of residential premises.
Depending on the circumstances, in addition to those listed, special documents may be required to draw up a gift agreement. Thus, if there is an official document confirming the recipient’s incapacity, written permission from his representative is required to enter into an agreement. The same is required if the person receiving the gift is a minor.
If a legal representative participates in the transaction, the package of documents must also include a power of attorney issued to him specifically for the gift agreement concluded in favor of his ward. These documents must be certified by a notary.
