Deed of gift for daughter's house - 3273 tips from lawyers and lawyers

Parents want to give their child the best in life. And, of course, sooner or later the need for separate housing arises. Many families face this problem, because children are growing up and they need to organize their lives.

It is not surprising that mothers and fathers begin to think about how to transfer their apartment to their child, especially if he is the only one. It is noteworthy that most often it is the daughter who needs her own living space, because it is much more difficult for girls to find an apartment than for boys. Experts will advise you to draw up a deed of gift, not a will. And it’s worth figuring out why.

Apartment as a gift to a minor daughter

The procedure for transferring property to a child under 18 years of age depends on several nuances. Based on the Civil Code of the Russian Federation, Art. 26 :

If the daughter is under 14 years old, then her father/mother signs the deed of gift. Written permission from guardians and parents will also be required. Her presence at the registration chamber is not required.
If the daughter is 14 years old, but not 18, then the deed of gift is signed by her in the presence of a representative.

Attention! To complete the transaction, you will need to obtain permission from the guardianship authorities.

The notary draws up the agreement and explains its consequences to the parties to the transaction . After signing the agreement and paying for the specialist’s services, the documents are transferred to the registration authorities via an electronic service.

Are there differences by gender?

From the point of view of the law, gender does not matter. There will be no differences in the deed of gift for a son and a daughter. The main thing is that the child is a close relative of the donor. His gender doesn't matter. Family ties allow you to avoid paying tax in the amount of 13% of the average cost of an apartment.

It is also worth noting that children must be officially adopted or natural. In other cases, family ties will not be confirmed, and the tax will have to be paid (we talked about in which cases the tax will have to be paid here).

We also talked about how to give an apartment to your son here.

Registration of a deed of gift for a daughter without a notary

The agreement is drawn up in writing (Civil Code of the Russian Federation, Article 574, paragraph 2). According to the agreement test, the following information is indicated:

Initials of the donee, donor;
Identity card details;
Address where the housing is located;
Full description of the property: area, number of premises, floor;
Data from the state registration certificate of ownership;
Who is registered in the apartment?

With the finished deed of gift, the father/mother and daughter are sent to the registration chamber (Civil Code of the Russian Federation, Art. 574, paragraph 3). The agreement is signed in the presence of a specialist to perform registration actions .

Do I need to pay gift tax to close relatives?

A daughter who received real estate as a gift from her parents does not need .

According to Art. 41 of the Tax Code of the Russian Federation, any benefit that can be assessed and which is expressed in the form of money or property is considered income.

It is usually subject to personal income tax. This also includes receiving real estate as a gift.

In this case, the obligation to pay the required interest falls on the donee .

However, if the apartment or house was received as a gift from a close relative, then in accordance with clause 18.1 of Art. does not collect tax .

Each parent wants only the best for their children. This also applies to housing meters. How to draw up a deed of gift for an apartment for your daughter is the topic of our article.

Many of you would probably like to be sure that your apartment or house will go to your son (you can read how to give an apartment to your son here) or daughter.

According to Part 2 of Art. 209 of the Civil Code of the Russian Federation “The owner has the right... to alienate his property into the ownership of other persons...”. From the article of the Civil Code it is clear that the owner (parent) has the right to donate an apartment to his daughter, but how to use it and how to do it correctly?

Registration of the transaction in Rosreestr

The fact of transfer of an apartment from a father to a daughter under a gift agreement must be officially registered in order for the transaction to go through correctly (FZ-122 of 1997).

The registration authority will need to submit the following package of documents::

Identity cards of father (mother), daughter;
The gift agreement itself (3 copies, one for each party and the registration chamber);
Document on the right of ownership of property;
Notarized consent of the spouse (if the property was acquired jointly and only one parent is the donor);
Resolution of guardianship (if the daughter is incapacitated or a minor);
Consent from the guardian (if she is transferred to the guardianship of other persons).

If the daughter has not reached her 14th birthday, then the deed of gift is signed by her representative . Her presence at the registration authority is not required. If she is over 14 years old, but under 18, she independently puts her signature on the gift deed .

Next, a state fee (1,400 rubles) is paid , a payment slip, an application and a package of documents (originals, except passports) are presented. The registrar, having accepted all the necessary documentation, issues a receipt. Based on this, upon completion of the registration procedure, a completed certificate is issued.

On a note! The period for registering the transfer of ownership of the apartment is 7 days. From this moment on, the daughter becomes the new owner of the property and can dispose of it at her own discretion.

A gift agreement is the best way to transfer your property to close relatives. To draw up a deed of gift, it is not necessary to contact a notary, but for the security of the transaction and compliance with all legal subtleties, it is recommended to do so. Then it is almost impossible to challenge the contract (declare it invalid) by other interested parties through the courts.

Termination of a gift agreement

In some situations, it happens that the gift agreement may be terminated. If this happens, the donated object must be returned. In rare cases, we may be talking about compensating the donor for the costs of making a donation. An example of this is the cost of processing documents.

Who can initiate the termination of a gift agreement?

There can be three sides to this:

the donor himself;
the one who received the gift;
relevant government bodies.

Of course, filing a lawsuit for this purpose is possible only if there are certain reasons that are specified in the law:

In the event that the recipient of the gift harms the health of the donor or makes an attempt on his life. Moreover, in this context we are talking not only about the donor, but also about his close relatives.
Another possible reason is when the recipient mistreats the donated apartment.
In a situation where, as a result of a donation, the donor’s position will significantly worsen. This may apply to both his financial and marital status.

If this happens, there will be no automatic termination. To do this, you need to file a corresponding lawsuit in court. After a comprehensive consideration of the issue, the court will make a decision in one favor or another. The donor must sue. But there is one exception. If an attempt was made on his life, then the heirs can appeal.

In this case, he may be contacted with a claim for compensation for the costs incurred for this procedure.

Another method of cancellation may be at the initiative of government bodies. In this case, this occurs on the general basis for recognizing the transaction as invalid.

Expert opinion

Romanov Igor Severinovich

Lawyer with 7 years of experience. Specialization: civil law. Extensive experience in developing legal documentation.

Many parents want to provide housing for their child's future. If you own an apartment, then the best option for transferring it to a child is a gift.

This procedure is the simplest: in the event of division of property, it will not be divided, the transaction requires minimal effort, time and money.

To give an apartment to their daughter, parents need to go through the standard donation procedure. It has its own characteristics and nuances, but in general the deal is not much different from the standard one.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

How and where can I make a deal?

There are two options for how you can issue a deed of gift:

With personal presence.
Without personal presence.

The first method is more preferable, since you can never exclude the possibility of fraud and it is better to protect your rights yourself, whether you are the donor or the recipient. There are two options where you can contact in person:

Rosreestr. This is a special government agency created specifically to register contracts related to the transfer of property from one hand to another. No matter which way you go, the transaction will still be registered here. So this is the most standard way. In addition, some innovations make the procedure for visiting this authority easier. For example, the ability to make an appointment in advance.
Multifunctional Center. The MFC is a special authority created to enable citizens to interact with the government on more comfortable terms. Here they will help you with paperwork, tell you what and how to fill out. It should be understood that the multifunctional center is an intermediary and not a registration authority. You can come here, fill out an application, submit all the documents, and MFC employees will still transfer them to Rosreestr. Most citizens note that this method is more convenient for the common person.

But if you are not able to appear in person to conclude the transaction, there are ways to formalize the agreement without your personal presence:

Send a trusted person in your place. Here you need to foresee everything in advance. Another person will not be able to speak on your behalf just like that, much less will have the right to sign the application. Therefore, you should contact a notary in advance and issue a power of attorney in the name of the person who will represent your interests. Usually this is a hired lawyer or advocate, but often they send relatives or just friends who have agreed to help.
Letter. An application to Rosreestr can be sent by mail. But here one important detail should be taken into account: in the letter, in addition to the documents and the application itself, there must be a list of all investments, as well as a notification of delivery. In addition, all papers contained in the envelope must be certified by a notary. This is a fairly convenient method if you are far from the populated area where the transmission facility is located. The main thing is to send a letter to the Rosreestr office at the location of the apartment.
Electronic application. One of the innovations of Rosreestr is a website where you can safely submit an electronic application for registration. Similar to the previous option, only now it is sent not a paper letter, but an e-mail. This is quite convenient, but this method has a significant disadvantage. To use it, you will have to obtain a special enhanced qualified electronic signature in advance. You can get it from the Ministry of Communications by providing your passport and SNILS. It is a special file stored on a digital medium. This file is the only way to access this kind of Rosreestr services.

Briefly about the main thing

A deed of gift and a deed of gift are the names of one document. A deed of gift is a legal term, and a deed of gift is a colloquial term.
Donating an apartment consists of drawing up a draft agreement and registering the transfer of rights in Rosreestr.
The donation agreement for an apartment is drawn up in writing. The donor cannot provide for payment for the apartment or any services in return.
The recipient must agree to receive the apartment as a gift. He can also refuse at any time before contacting Rosreestr.
When making a gift to parents, children, grandparents, grandchildren, brothers and sisters, the donor and recipient do not pay personal income tax.
The rights of the donee arise from the moment the change is made to the Unified State Register. Unlike a will, the donee becomes the owner of the apartment during the life of the donor.
Obtaining ownership of an apartment is free for the recipient.
An apartment given to one of the spouses is not divided during a divorce. The gifted property is personal property, so the second spouse cannot claim a share in it.
If the owner has a disabled child, spouse, parent or dependent, they are entitled to a share of the inheritance, even if the owner of the property has made a will. A gift agreement allows you to transfer it to a specific person, bypassing the compulsory heirs.
The parties may provide in the contract a condition for the return of rights to the apartment to the donor if the donee dies earlier.

A gift agreement has a number of qualities that other agreements do not have. Let's look at the features of the document and how to format it.