Privatization and gift agreement

However, the actual heir will not be able to register ownership rights to real estate - to carry out state registration, you need a certificate of the right to inheritance, which is issued exclusively by a notary.

Procedure of inheritance, registration First of all, the successor needs to obtain a documentary basis for opening an inheritance - a death certificate of the owner of the apartment. It is issued by the territorial civil registry office at the place of death of the testator.

The document can be drawn up on the basis of a medical report on the death of a citizen or a corresponding court decision.

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The size of the share available to the applicant;
Part of the living space that an interested citizen will donate to another person.

The number of people with registration in this living space;
Information about individuals registered in the apartment.

Since it is difficult to determine what exactly will be included in the share of living space, the best option would be to indicate a specific room when drawing up a gift agreement. In this situation, all premises used by all citizens will be available to the owner of the share.

How long after purchasing an apartment can a deed of gift be issued?

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When an interested individual has bought a living space, he will be able to immediately donate this property .

There are two owners, a brother (according to privatization 50% - 2009) and a sister (according to a gift agreement from their father (and a 50% certificate issued in 2010). The father died in 2013. The sister offers to buy out 1/3 of the share (they lived in the apartment father, mother and brother. Privatization was already without the mother) that is, 1/3 brother and 1/3 each from mother and father goes to brother and sister. Only the brother is registered in the apartment. The prehistory is that in the 80s they were given according to the social norm and the sister and her son were given a separate apartment, and the brother with his father and mother received this apartment.

Is it possible to make a deed of gift if the property is not privatized?

If the age of the donee is less than 14 years, then his legal representatives can submit documents without the personal presence of the donee;

Parents (guardians).

It is worth paying attention to the fact that only those interested citizens who can confirm their family relationships are exempt from the tax deduction for donated real estate. In another case, representatives will need to pay 13 percent of the total cost of the apartment.

How to draw up a deed of gift for an apartment

Algorithm of actions:

Appear for an appointment with a notary (or registrar) with a package of documents.
The parties should draw up a contract with a specialist, read it carefully and sign the contract.
The notary must certify the voluntariness and legality of the transaction.
Go to the registrar - the territorial state body registering real estate to finally approve the agreement.
Come to BRTI to put a mark on the contract.

Range of subjects

When considering the issue of registering a deed of gift for an apartment, it is important to consider the circle of persons who have the right to participate in such transactions.

The laws of Russia establish that the following circle of persons do NOT have the right to donate property free of charge:

minor children under 14 years of age;
legal representatives of minors if the owners are children;
citizens declared incompetent;
legal representatives of incapacitated persons if the latter are the owners of property.

Also, the laws of the Russian Federation identify a circle of persons who do NOT have the right to accept property as a gift:

civil servants;
employees of educational institutions;
employees of medical institutions;
social security officials.

IMPORTANT: this circle of persons cannot accept gifts of property from patients, clients, subordinates, relatives of these persons, as well as persons in any way connected with the field of professional activity.

Video: Transactions between relatives - an apartment as a gift

The video examines the question of how an owner can transfer real estate to his close relatives free of charge.
The conditions for registration of transactions of donation, sale and purchase, will, annuity between close relatives are compared and advice is given on what form of agreement and in what situations it is more profitable for the owner to use.

Donation agreement and privatization

The requirements for such contracts are the same.

So, if you need to donate a share in an apartment or an entire apartment, you must take the following steps :

Determine who will be the recipient.
Find out from him whether he agrees to accept the property as a gift.
Prepare the necessary documents.
To make an agreement.
Complete registration of property rights.

The vast majority of gift agreements are concluded between close relatives. hardly anyone would want to give their hard-earned property into the wrong hands for free

Tax for donation of land without privatization

217 of the Tax Code of the Russian Federation, transactions made between close relatives, the list of which is given in Art. 34 of the Family Code of the Russian Federation. Relatives can be blood, legal (spouses), and adopted (in the case of official adoption). A transaction with such an economic justification must be formalized in the proper form, that is, it is necessary to draw up, execute and sign a gift agreement (deed of gift) (see.

Our lawyer can fully prepare a deed of gift for a land plot and a house, including collecting the necessary documents and drawing up a gift agreement with a guarantee of state registration of the transfer of rights under this agreement. When registering a deed of gift for a house or land to a close relative, the Donor is exempt from personal income tax. Close relatives include children, parents, brothers, sisters, grandparents.

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Attention

The donor has the right to cancel the donation if the donee has made an attempt on his life, the life of one of his family members or close relatives, or has intentionally caused bodily harm to the donor. In case of intentional deprivation of life of the donor by the donee, the right to demand in court the cancellation of the donation belongs to the heirs of the donor. 2. The donor has the right to demand in court the cancellation of the donation if the recipient’s handling of the donated item, which represents great non-property value for the donor, creates a threat of its irretrievable loss.

3. At the request of an interested person, the court may cancel a donation made by an individual entrepreneur or a legal entity in violation of the provisions of the law on insolvency (bankruptcy) at the expense of funds related to his business activities within six months preceding the declaration of such a person as insolvent (bankrupt). 4.

Rules for drawing up a deed of gift

Donation is an expression of the owner’s will to transfer his property, in this case an apartment, to another person free of charge. Although no active action is required from the other party, he must agree to accept the gift and become the new owner of the property.

Therefore, it is mandatory to draw up an agreement with the signatures of both parties.

Download the Deed of Gift for a share in the apartment (38.0 KiB, 376 hits)

Donation agreement. Sample (18.5 KiB, 746 hits)

The contract must stipulate:

Place and date of document preparation.
Full information about the parties: full name, passport details, registration address. If the parties act through proxies, their details are also recorded.
Description of the object of donation. There are no uniform requirements for the detail of the description; it is only necessary to indicate the exact address and area of the apartment. In addition, you can specify the floor and number of rooms, and clarify the size of the total and living space. The cost is often indicated, especially if the recipient has to pay tax.
Documents confirming the legality of the donor's rights to the apartment (sale and purchase agreement, deed of gift, will, privatization documents, etc.).
When the transfer of ownership takes place: will the application for a change of owner be submitted to the registration authorities immediately after signing the contract or after some time. For example, there is a deferred gift for some event: coming of age, wedding, graduation, etc. In the case of a deferred gift, the owner can revoke the deed of gift until registration and retain ownership of the property. However, he must be prepared that the other party can challenge this decision in court and achieve fulfillment of the promise to transfer property. It is impossible to specify the death of the donor as an event for the transfer of ownership. In this case, the agreement is considered void.
consent of the other party to accept the gift.
signatures of the parties.

Without these components, the contract will be invalid, and registration of the transfer of ownership will be denied.

In addition, contracts traditionally contain clauses designed to protect the parties from mutual misunderstandings and attempts to challenge the document in the future by the parties themselves or third parties.

Confirmation of the legal capacity of the parties to the transaction, the voluntary expression of will and their awareness of the essence of the agreement.
Confirmation of the absence of third party claims to the object of donation (arrest, pledge, other donation, presence of other owners, etc.).
Which party pays the costs associated with the transaction? By law, the burden of paying the state fee falls on the party receiving the gift. But in addition to this, other expenses may arise, for example, notary fees. These expenses can also be borne by the recipient, or the parties decide to divide the expenses among themselves.
Number of copies of the agreement and their equivalence. Traditionally, three copies are drawn up - one for each party and a third for the registration authorities. If there are more parties (for example, a mother gives an apartment to two children), then the number of copies increases proportionally.
The procedure for resolving disputes. It is usually stated here that the basis for resolving disputed issues is an agreement, and in the absence of indications in it about disputed areas, the current legislation.
Possibility of terminating the transaction. In this case, the failure of the recipient to fulfill any conditions cannot be cited as grounds, since this contradicts the essence of the deed of gift. Usually, the circumstances provided for by law are prescribed: unlawful actions of the donor in relation to the donor or members of his family, a significant deterioration in the donor’s standard of living, or the death of the recipient during the life of the donor.
If not the entire living space, but a share in it, is donated, the parties can prescribe the procedure for owning common areas, paying for utilities, repairs, etc.

According to current legislation, notarized registration of a gift agreement is not required. Contacting a specialist will increase financial costs, but will eliminate errors when collecting documents and drawing up an agreement and minimize the risk of the transaction being declared invalid.

Another advantage of notarization of a deed of gift is documentary evidence of the transaction: if the contract is lost in the future, the parties can easily obtain an official copy of it. Therefore, the parties make a decision on the advisability of notary services based on their own legal literacy and the complexity of the situation.

If permission from the second spouse or other owners is required to complete a transaction, you cannot do without contacting a notary - he must certify their consent. Also, the services of a notary will be required if the parties resort to the help of a trusted person.

Download your spouse's consent to donate an apartment. Sample (17.1 KiB, 342 hits)

Privatization and apartment donation agreement

But there is also a statute of limitations.

Vladimir, before concluding a gift agreement and paying money, you should check the history of the apartment, as well as analyze possible risks. After which you can decide to purchase real estate or look for another property. If you need help or legal support, please contact us.

A situation in which a gift agreement could be challenged should have arisen now.

That is, it is a defect of will when making a transaction (that is, the donor is incompetent, or he was forced), or non-compliance with the law. If this did not happen, then the contract can be challenged, but to no avail.

Vladimir, hello! You have already been given many answers, but I decided to add: in theory, yes, and the heirs can go to court with a claim to invalidate the donation agreement for a share in the common ownership of the apartment.

What documents are needed?

A signed donation agreement in three copies (according to the number of parties involved, plus one copy for the Rosreestr archive).
Title documents for the property being donated; or an extract from the Unified State Register of Real Estate.
Passports of the donor and recipient.
If the donee has not reached the age of 14, his birth certificate will be required; if he is a minor over 14 years old, his passport will be required.
Consent of the donor's spouse, if any.
Receipt for payment of state duty. In 2020, the state duty is 2000 rubles.
If an apartment is given to a child, you will also need: - Permission from the guardianship authorities - Passport of the person acting as a representative of the minor (parent or guardian)
A document with information about the value of the apartment, for example, a cadastral passport indicating the inventory value or an independent assessment from an insurance company, to calculate the amount of gift tax. If the transaction is made between close relatives, including the donee being a minor, despite the fact that you will not have to pay tax, it will be necessary to provide a document.
If for some reason the apartment is not registered in the cadastral register, then technical documents may be required: registration certificate, BTI certificate..
The documents will need to be accompanied by an application for registration, which will be prepared by a specialist from the state registrar himself.

Encumbrance on an apartment

Encumbrances may be placed on a property - legal conditions that restrict the owner in his actions with this property. The presence of encumbrances can be checked on the Rosreestr website. Some encumbrances may be imposed on an apartment that is given to a child by the conditions contained in the contract. The most common of them are when a minor reaches 20 years of age (25, etc.), or creates a family (marriage). But if there are no such conditions, then the apartment will still be encumbered, and the owner will not be able to dispose of it until he reaches the age of majority, that is, 18 years of age.

Close relatives - who are they?

According to the law (Family Code of the Russian Federation, Article 14), relatives in a direct ascending and descending line are considered “close”:

Husband and wife
Father and mother
Children (including adopted children)
Siblings (including step-siblings who share only one parent)
Grandchildren, granddaughters
Grandparents

What is given is to protect (otherwise it will be taken away)

Grandparents must be loved and respected. Already because the donated apartment can be taken away through the court: if the recipient inflicts any bodily harm on the donor or his relatives or, worse, tries to kill. Other reasons for possible termination of a gift agreement: - Changes in the life circumstances of the donor. For example, if he needed money to treat a serious illness. — The new owner of the property shows an unsatisfactory attitude towards it, resulting in breakdowns and accidents, and, possibly, manifested in long-term non-payment of utility bills.

Is it possible to sell an apartment that you received under a gift agreement?

The interested party will be able to sell the residential property for which the deed of gift has been made. Before creating an agreement for sale, the owner of the residential property first writes out all the persons registered at this residential property.

To create a contract for the sale of donated real estate, the owner must have the following papers:

All-Russian passport;
Important papers for the site;
Certificate of ownership of living space;
Certificate of acceptance of the object.

Privatization and donation

In this case, there are the following nuances:

If the agreement is drawn up between close people , then the creation of a gift agreement is not subject to taxation;
When a gift agreement is created between individuals who are distant relatives, the donee will need to pay 13 percent of the total cost of the residential property.

In what ways will the creation of a gift agreement be carried out:

If the agreement is concluded by interested parties , then citizens pay only the state duty when creating a gift agreement and the tax on the donated apartment (if necessary);
If the deed of gift is drawn up with the help of a notary , then interested parties will have to pay additionally: The cost of providing notary services.

Gift deed for an apartment or part thereof

The procedure for donating a part of an apartment depends on the form of ownership. An apartment can be in common shared ownership , when the share of each owner is determined, and in common joint ownership , when these shares are not determined. How to give in each specific case:

The property is in common shared ownership (each owner owns a certain part). In this case, you can donate your part without the consent of the other owners.
Common property is joint (owners' shares are not determined). To conclude a gift agreement, you must obtain the consent of all other owners.

If the apartment or its part is the common joint property of the spouses, then one of them can donate his part only with the written consent of the second spouse. If there is no agreement, then you cannot donate your part of the apartment.