How to draw up a deed of gift for an apartment: how much does it cost to draw up a deed of gift, how to draw up a deed of donation of a share

Drawing up a real estate donation agreement in Belarus

It is worth considering that the deed of gift can easily be challenged and declared invalid if the documents were drawn up on behalf of the incapacitated donor by his guardians, educator, teacher or trustee, or state representative.
Also, deeds of gift for an apartment, house and other real estate objects have no legal force if they were drawn up between legal entities. It will be extremely difficult to understand this area on your own, because you need to know the Civil Code of the Republic of Belarus and other legislative norms. In order not to waste time studying the laws of another country, an effective solution would be to consult an experienced lawyer. The specialist knows all the nuances and current procedures used when registering real estate in Minsk and other Belarusian cities. An expert in the field of law will answer all applicants’ questions, give reliable recommendations, help prepare documents, and draw up a donation agreement for a house or apartment.

How to properly draw up a deed of gift for an apartment

The law provides that a deed of gift can be issued for a minor child , and his presence is not always necessary to conclude a transaction. If the donee is already 14 years old, then the gift agreement is signed by him, his legal representatives and the donor. If the child is not yet 14 years old, his presence at the transaction is not required. It is signed by parents or guardians who manage the property until the child reaches adulthood.

Important! When completing a transaction, you should remember that the contract should not mention any compensation (be it money, the opportunity to own something, or a thing). Otherwise, such an agreement is recognized by the court as a sham transaction and can be terminated.

Donation agreement for an apartment in Belarus

The donation can be made using a power of attorney, which must necessarily indicate the details of the donee and the subject of the donation (an apartment or other real estate). If a power of attorney is drawn up without complying with these rules, it is considered void, and the transaction made on its basis has no legal force.

Sometimes a gift deed is confused with a will, but there are significant differences between these legal documents. If, when drawing up a will, all rights to the inherited property are transferred to the heir only after the death of the testator, then the signing of a deed of gift deprives the donor of ownership rights to the property during his lifetime.

Required documents

When registering a contract you will need:

• an application signed by both parties to register the resulting property right;
• payment document confirming payment of state duty;
• passports of the parties;
• gift agreement in 3 copies;
• technical documentation for the apartment;
• certificate issued by the BTI;
• certificate from the Federal Tax Service;
• extract from the house register;
• document on the donor's property;
• confirmation of the presence or absence of residents in the apartment;
• marriage contract (if any) of the spouses;
• consent from the spouse to conclude this agreement;
• power of attorney (in case of participation of a representative);
• conclusion on the price of the apartment;
• documents confirming the absence of debt on the apartment.

Registration can be carried out at the MFC, Registration or Cadastral Chamber. Other documents may also be required from registration authorities.

no more than 7 days to complete a deed of gift ; however, this period may be extended due to the workload of the registration authorities.

How to draw up a deed of gift for an apartment in Minsk

After drawing up a will, the testator remains the full owner of his property. He can dispose of all bequeathed property at his own discretion, i.e. subsequently he can rent it out or sell the bequeathed property. After the donation agreement is executed, the donor is deprived of all his rights to the donated real estate and cannot dispose of it at his own discretion.

After drawing up a will, the testator has the opportunity to change his mind, i.e. if desired, he will be able to make any changes to the will or simply cancel this will. After the donation agreement is drawn up, there is no such possibility, i.e. The gift agreement is drawn up once and for all.

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Documents required to certify the apartment donation agreement: title document for the apartment (a document confirming your ownership of the real estate - on the basis of which the apartment belongs to the Donor); technical certificate; an extract from the registration book on rights, restrictions (encumbrances) on a capital structure (issued by the territorial organization for state registration of real estate, rights to it and transactions with it); a copy of the personal account or a certificate of residence and family composition (issued by the organization operating the housing stock); document proving your identity.

How to draw up a deed of gift for an apartment in Minsk

• the gift agreement itself
• certificate of family composition
• original certificate of state registration of the apartment
• the original document that confirms the basis for the emergence of ownership of this apartment
• written consent of all adults, certified by a notary, who live in the apartment
• if the apartment was purchased during marriage - written consent to the donation of the spouse, certified by a notary

• draw up and certify the gift agreement with a notary with your own hand, then register such an agreement with the state registration organization
• certify the agreement with a notary and instruct him to carry out the process of registering the agreement
• directly contact the registrar so that he takes all necessary steps to draw up and register the agreement

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Donation agreement or how to simply donate an apartment

Situations often occur when, for certain reasons, one person wants to give real estate to someone else.

In this case, the subject of donation can be an apartment, land, cottage, etc.

A gift agreement will help us solve this difficult issue. The gift agreement itself is gratuitous and does not carry any obligations of the donee towards the donor. A written form of the gift agreement is provided if the price of the gift exceeds five times the base amount, or if the agreement contains a promise to donate in the future, or if the donor is a legal entity. face . Base size today 180 000

b.r., which means that all donation transactions carried out with real estate must be in writing, and they are also subject to mandatory state registration, after which ownership rights arise.
Now the details regarding the apartment donation agreement: First of all, this agreement is bilateral, which means that both parties must be present when concluding it; if it is impossible to be present, you can act by proxy. When drawing up an apartment donation agreement, it is necessary

• Indicate the donor and recipient, their passport details, exact residential addresses, indicate title documents showing the ownership of the apartment to the donor.
• Describe the details of the subject of the contract, namely: exact address, number of rooms, number of floors, number of square meters of premises, apartment number, inventory number floor.

When contacting a notary office, the notary will independently double-check the data and draw up the necessary agreement. After reading the text of the agreement, the notary will certify it, and then your path lies with the organization for state registration, otherwise it will not have legal force. After state registration and receipt of title documents, you are the new owner. It is worth considering that the following cannot receive an apartment as a gift:

• legal representatives, on behalf of minors and citizens who, in accordance with the procedure established by law, were declared incompetent
• workers of medical and educational institutions, social institutions. protection, as well as other similar institutions from citizens who are there for treatment, maintenance or education, as well as from any of the spouses and relatives.

This agreement is subject to income tax only when the donor and the donee are not closely related; the donee pays it. Close relatives include: grandchildren, children, parents, spouses, grandparents, siblings.

Registration of a deed of gift for an apartment

When concluding a gift agreement, you need to be extremely careful. The fact is that the donated property becomes the property of the new owner at the very moment when both parties sign the document. And, most importantly, it will no longer be possible to take the gift back. Cancellation of a completed deed of gift for an apartment in Belarus is possible only in two cases:

Registration of a deed of gift for an apartment in the Republic of Belarus is a fairly simple procedure that does not require collecting a large package of documents. This is perhaps one of the main advantages of such a deal. It is drawn up in writing by a notary or registrar and registered with the BRTI.

State duty when donating an apartment to a relative

The state fee for donating a share in an apartment to a close relative is a mandatory payment established by tax legislation, paid when requesting a particular administrative procedure. However, sometimes such procedures go together, and for this reason the total cost of government services can become quite large.

So, how much does registration cost and what does the price of registration of a deed of gift for a house consist of?

Thus, it is worth highlighting the following types of public services in order to issue a deed of gift for a house, for which citizens pay a gift fee, which is included in the cost of issuing a deed of deed for an apartment:

• for requesting documentation from the cadastre you will have to pay 250 rubles;
• request for technical documentation – 850 rubles;
• services of notary employees – 2,000–5,000 rubles;
• registration of property rights – 2,000 rubles.

So, how much does a deed of gift for an apartment cost? The cost of the state duty for a deed of gift for an apartment when registering a deed of gift varies between 5 and 10 thousand rubles. At the same time, people who pay state fees or have already paid can save on these types of mandatory payments if they use the same documents for various government procedures.

Gift deed for an apartment

Hello! Someone can enlighten me on this issue. My mother wants to draw up a deed of gift for the apartment in which she is registered and lives alone, in my favor. I am the only daughter and, I must say, my mother has no other relatives. I have my own housing, in which I am registered with my child, but my mother’s apartment is privatized and is paid in installments for a period of 30 years (small monthly amounts). Do we have to draw up a deed of gift, or is it not necessary to do so? My mother is worried that since she pays in parts, then after her death (God forbid) I may have problems taking possession of the apartment. And also, will this procedure (donation) be expensive? Thanks a lot.

My mother is a citizen of the Republic of Belarus, but permanently resides outside the Republic of Belarus, passport series RR. In short, he is not a tax resident of the Republic of Belarus. She is going to sell the apartment and has issued a power of attorney for me. Tax office, referring to Art. 177 of the Tax Code, requires payment of 12% of the amount of the proposed transaction, and before the purchase and sale is completed. Naturally, this option does not suit us, and we are going to draw up a deed of gift for me. The mother herself lives in Kazakhstan, and it is very expensive for her to come.

How is a deed of gift drawn up in Belarus?

When concluding a transaction, the presence of both parties to the contract is mandatory. The duties of the notary include notifying the donor regarding the conditions and consequences of the deed of gift, as well as that he is completely deprived of the right of ownership of the house (apartment, car). After this, the donor signs the deed of gift.

Registration of a deed of gift for an apartment in Belarus that was purchased during marriage (i.e., which is owned by both husband and wife) is possible only with the consent of both spouses. Such consent is made in writing. If the property was received by one of the spouses under a will, then such consent is not required, according to the current legislation of Belarus.

Donating part of an apartment to a close relative in Belarus today

1. Content:
2. Definition of donating an apartment
3. Heirs of the donated apartment
4. Documents required for donation
5. Apartment as a gift for your child
6. How to give a share in an apartment to a relative
7. They gave me an apartment. What to do?
8. Gift taxes
9. How to properly draw up a gift agreement
10. How to sell a donated apartment in Belarus

A deed of gift for a house, money or other valuables in the Republic of Belarus is also a gratuitous transaction. Both parties must have legal capacity, and if the recipient is a minor, the presence of a parent or guardian is required.

How to draw up a deed of gift for an apartment in Minsk

They also challenge the document if the donor was deceived. This includes situations where the recipient made an attempt on the life of the donor or threatened the life of his relatives. Heirs of real estate have every right to revoke the donation (through the court) if it has been proven that the recipient maliciously killed the donor.

There are a number of cases when donation is prohibited: housing cannot be donated from persons under 14 years of age or from citizens declared incompetent. Gifts of property to employees of medical institutions, representatives of social protection bodies by people who are supported, educated or treated in an institution, as well as by their spouses and relatives are not allowed.

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The procedure for registering a deed of gift for a house in Belarus

As for the payment for the procedure, the cost of notary services for close relatives is approximately 5 basic units. If the transaction is carried out between persons who are not closely related, then this amount will be from 6 to 8 basic units (the final amount depends on the urgency). For 2020, the base amount is 23 rubles.

1. Compilation. A will can only be executed by the owner, but a deed of gift can be concluded by a representative.
2. Documentation. A deed of gift will require a lot of paperwork, whereas a standard will is drawn up with a passport. And only sometimes are medical certificates required to confirm the legal capacity of a person.
3. Registration. Both documents are certified by a notary.
4. Ownership. Once a will is executed, the owner remains the owner until his death. A deed of gift implies the transfer of property immediately after signing.
5. Cancel. The testator may change his mind more than once and draw up a new document for another person. A gift agreement (if drawn up correctly) is almost impossible to cancel.
6. Inheritance. It is possible to challenge the transfer of property under a contract to the donor's heirs only in exceptional cases. A will can be revoked if the testator has not indicated the heirs who are entitled to the obligatory share (dependents, etc.).

Preparation and rules for drawing up a deed of gift for real estate in the Republic of Belarus

Without notarization, a transaction to donate real estate in Minsk and other Belarusian cities will be considered illegal, and it will not be difficult to challenge it.
The deed of gift is drawn up in several copies. One document will remain with the donor, the second will be received by the new owner of the property, and the third should be left for storage in the notary’s office. The third copy, which will remain with the lawyer, often helps citizens in the future to avoid conflicts and legal disputes initiated to challenge the decision of the original owner of the property. A notary in Minsk bears a great responsibility. The lawyer is responsible for the competent organization of the procedure, checks documents and information about the parties to the transaction, and helps to avoid mistakes when preparing papers. The notary is also obliged to notify the donor about the consequences of the transaction and its irrevocability, and to verify the legal capacity of the donor and recipient of the property. When registering a deed of gift, a notary in Minsk will need to present:

• statement;
• identity cards of the participants in the process;
• title papers for the object;
• certificate from the BTI;
• an extract from the house register;
• technical and cadastral passport.

Read also: Procedure for canceling a gift agreement in Russia

It is important that the spouse will be required to provide written consent to the gift if the property was acquired during the marriage. Otherwise, other interested parties will have a chance to challenge the document in court. Many people are interested in the cost of registering a deed of gift in Minsk and the price of a notary certificate. For notary services for registering a transaction, participants will have to pay two basic amounts. This amount of state tax is provided if the gift is received by a close relative. In the case where the deed of gift is issued to an outsider, the amount of the fee will increase to 5 basic units.

Deed of gift: what you need to know

• cadastral passport of the object;
• statements from the donor, as well as the recipient regarding this property;
• papers that confirm the rights to an apartment or house;
• identification documents of the parties to the transaction;
• If a deed of gift is issued for a house or apartment that has two or more owners, the notarial consent of each of them is required.

The only alternative that a deed of gift has is a will. With such registration of real estate, the future owner does not need to pay tax on the acquired property (only those recipients who receive property from a close relative will be exempt from it), and the registration of the transaction itself in this case will be faster. However, when deciding which is better - a deed of gift or a will, you need to remember that a deed of gift makes it possible to formalize rights to property in the coming months, and according to a will, a house or apartment will be transferred to a person only after the death of the current owner.

Price for issuing a deed of gift to a relative

When donating an apartment, you should remember that many of the required documents have a limited validity period. In addition, you will have to pay some costs, for example, the tax on the right to transfer real estate. The total amount spent on paperwork may vary as it depends on several factors.

It should be borne in mind that the tax on the transfer of real estate through a gratuitous gift is not paid if the agreement is signed by close relatives . This will avoid spending on a state fee of 13 percent of the cadastral value of the property.

However, in addition to the thirteen percent tax, there are also additional costs:

1. State fee for drawing up a deed of gift in a notary's office. Its size depends on the full value of the real estate transferred under the contract.
2. State fee in Rosreestr for re-registration of the right to own an apartment by the donor. The cost varies from 1000 to 1500 Russian rubles.

Donation agreement for an apartment or house in Belarus

One of the positive aspects is the ease of execution of the contract; it is not subject to mandatory notarization. In order to register this agreement, you must contact the Territorial Organization for the State. registration of the Republic of Belarus. List of documents: - Statement of State. registration; — gift agreement; - passport; — document confirming payment for registration. The registration process itself occurs quite quickly, within 7 working days, after accepting all the necessary documents.

What is needed to conclude a deal? It is necessary to indicate passport data and register the addresses of the parties to the agreement; include in the transaction documents defining the ownership of the donor’s property. Next, describe the apartment in detail (how many rooms, address, floor, total area, type of building). After the contract has been drawn up, it must be entered into the state register. organs. You can deal with this issue yourself - collect the entire package of documents for registration, or entrust everything to a notary. Discuss the conditions for transferring property into ownership (immediately after signing the contract or set a deadline for the transfer). Any transaction has both positive and negative sides, this agreement is no exception.

Registration of a gift agreement

When the notary certifies the agreement and hands it over to the subjects, it must be registered. Previously, this function was performed only by the Registration Chamber of the Russian Federation. But not so long ago, multifunctional centers - MFCs - began to perform such functions. The state fee for registering a gift agreement is 2,000 rubles.

The list of documents for registering an agreement does not differ from those provided to the notary. The only thing you need to know is that when submitting papers to the MFC, registration of an agreement may take longer than registration with Rosreestr.

What documents are needed to register a deed of gift:

• Documents identifying the donor and the recipient;
• Donation agreement;
• Receipt for payment of state duty. If documents are submitted through the MFC, then a receipt with payment details can be downloaded on the MFC website.

All. Additionally, you may need documents from a representative who represents the interests of an incapacitated person; consent of the spouses to conclude a transaction, etc. As with signing a contract with a notary, everything depends on the individual characteristics of the case.

By the way, if you decide to contact a multifunctional center, make sure that it provides services for registering rights to real estate. Not all MFCs have the authority to provide such services.

True, there are also restrictions on MFC services. If the apartment is located in a region that is not subordinate to the MFC where documents are submitted, then acceptance of papers and registration of the agreement will be refused.

In order for the agreement to be registered and the transaction to be considered completed, both participants in the process must personally appear at the registration authority. The presence of an authorized subject is allowed, but for this a power of attorney must be issued.

After submitting the papers, one of the subjects will be issued a receipt confirming the acceptance of the documents. As a rule, the registration period is 10 days after Rosreestr directly receives the documents for registration. Therefore, when using MFC services, this period may be extended.

When the period allotted for registration has passed, you must come for documents. The applicant must receive all submitted documents. The gift deed must contain a note indicating that it has been registered. After receiving such a document, you can register ownership of the apartment.

If the deed of gift is not concluded between close relatives, then after registering the property you must contact the Fiscal Tax Service and pay personal income tax.

Many gifted individuals believe that they can deceive the tax authorities and avoid paying taxes. But Rosreestr transmits information of this nature to the Federal Tax Service. Therefore, tax will still be charged.