What is the validity period for a deed of gift for real estate?

Features of the gift agreement

A gift agreement is a document according to which one citizen voluntarily transfers his property or part or share to another. The agreement is bilateral, that is, it is signed by both parties - the donor and the donee.

The document has several distinctive features that are important to consider before signing it:

Property is transferred as a gift, therefore neither the donee nor the donor can demand material compensation from each other.
If the transaction is executed correctly (legally), it will be impossible to refute it in court.
By signing the agreement, the donee indicates his consent to accept the donor’s property as a gift. This is an important condition of the deal. No one can force a citizen to accept a gift of property or part of it belonging to another person.
Unlike a will, when a citizen enters into an inheritance six months after the death of the owner, under a gift agreement the donee becomes the owner of the property after the conclusion of the agreement. The contract comes into force and the donee immediately becomes its legal owner.
When dividing property during a divorce, the donated apartment or part thereof remains the property of the spouse to whom it was given as a gift.
When registering a deed of gift for a close relative, the 13% tax is not charged.

When is donation used?

A real estate donation agreement can be drawn up by any citizen of the Russian Federation. Such transactions are a good alternative to a will or the purchase and sale of real estate between relatives. Any property that is owned by the donor can be donated. Let's look at the advantages of a gift agreement based on specific examples.

If property is inherited, applicants must wait 6 months before taking legal rights. In addition, regardless of the presence of a will, inheritance implies the allocation of mandatory shares to minor children and incapacitated close relatives.

The deed of gift comes into force from the moment the agreement is registered and is not included in the divisible property estate in the event of a divorce. In fact, this is the best option to transfer ownership of real estate to a specific person, excluding the claims of other relatives.

The conclusion of a purchase and sale agreement between relatives implies the payment of 13% tax. An exception to this rule is the situation when the property has been owned for more than 5 years.

The deed of gift does not provide for such a tax, so you will be able to save significantly on completing the transaction. Please note that tax is not charged only when registering a deed of gift for close relatives.

Decor

A deed of gift is drawn up independently or with the help of a notary, which contains basic information about the donor, the donee and the gift:

Full names of both parties, passport details;
purpose of the transaction;
all data about the gift (if it is an apartment, then cadastral number, area, address, etc.);
cost of the apartment;
place and date of signing the contract.

The deed of gift is drawn up in free form, in triplicate (for each party and Rosreestr). When visiting a notary, you must have a set of documents with you:

passports of both parties;
documents confirming the donor's rights to property;
extract from the house register and EIRC;
cadastral passport;
consent to the transaction (in writing) from other family members, if necessary.

The same set of documents is needed for registration (plus a prepared deed of gift in triplicate). Documents are submitted to Rosreestr directly or through the MFC.

What is the validity period?

Once the contract is drawn up, and both parties confirm their consent to the transaction, it is considered completed. When donating real estate, the agreement is almost immediately registered in Rosreestr. The validity period of the deed of gift after registration is unlimited. That is, as soon as the transaction is completed, the recipient takes ownership legally.

A deed of gift is one of those types of transactions that, according to the Civil Code, are irreversible. However, this does not mean that it cannot be cancelled. It is possible to challenge a transaction in court if the statute of limitations has not expired. In addition, the deed of gift itself may indicate the time period during which the transaction will be completed.

Specified by the donor

The validity period of the gift deed for the apartment can be specified in the gift agreement. This is used in cases where the owner (donor) wants to live in it until a certain point. This can be done for another purpose, because everything will depend solely on the will of the donor. However, such a period on average does not exceed one year.

If the donor changes his decision, then it is possible to cancel the transaction . Since the stated date has not arrived when the transaction comes into force, that is, the apartment will be transferred to another person, it can be canceled. At such a stage, until the specified period, it will not be considered perfect.

Validity period without registration

When donating real estate, such transactions are subject to registration. However, a gift agreement can be drawn up at home, without the participation of a notary. A deed of gift is drawn up between two parties (donor and donee), and the donee is given an average period of up to a year for its final registration in Rosreestr.

The contract may specify a permitted period of up to three years, but in no case should the registration procedure be delayed. If you are afraid that you will not be able to meet the deadline, then it is better to make a written promise to commit an act of donation of this or that property. You can have this promise certified by a notary for peace of mind for both parties.

Statute of limitations

Challenging a deed of gift in court is quite a difficult matter, because you will need to prove the nullity of the transaction in order to cancel it. The period given to the plaintiff to challenge the transaction is one year. However, this does not mean that in the event of a later discovery of the insolvency of the transaction, it cannot be challenged. The limitation period may be extended at the request of the plaintiff and if the plaintiff is not one of the parties to the contract.

Many legal proceedings related to deeds of gift are considered after a long period of time, which can be up to four years. For example, if a person who is not one of the parties to the agreement is challenging the transaction, then the period is counted exactly from the moment when the above-mentioned person learned about the fact of the donation, which violated the rights of one of the parties.

About the deed of gift

A deed of gift or deed of gift is a legal formal procedure for transferring housing as a gift.

After the donor prepares a deed of gift for the donee, the latter becomes the owner of the gift and can dispose of it at his own discretion. This distinguishes this document from a will, according to which the use of property is possible only after the death of the owner.

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

When does the deed of gift come into force? This agreement is considered to come into force after it is signed by both parties and after the re-registration of ownership of the housing. The deed of gift has no expiration date. That is, it is considered unlimited.

What does a deed of gift look like and what is written in it? This document must contain the following information:

FULL NAME. the one who gives the apartment and the one who receives it as a gift.
Passport details of both parties.
The right of ownership of the home to its current owner.
Address of housing, its name and detailed characteristics.
The real cost of housing (if the parties do not want to include it in the contract, this is not necessary).

No compensation should be mentioned in the deed of gift. The document can only be drawn up in a gratuitous transaction. Otherwise, such a deed of gift may be cancelled.

Both parties must be present at the transaction to sign the contract being drawn up. A representative may be present instead of one of the parties, in which case a power of attorney will also be required. Also, when transferring an apartment as a gift to a minor, his presence is not required. One of the parents may represent his interests.

Negative sides

Despite the large number of advantages, there are also disadvantages to registering a deed of gift. These include:

The donor and his family have the opportunity to challenge the document through the court, even in the event of the donor’s death. In this case, it is much more difficult to challenge the purchase and sale agreement.
The tax amount is quite high for persons who are not close relatives of the donor (13% of the cost of the apartment) and foreigners (30% of the cost of the apartment).
The recipient has the legal right to evict all residents from the donated apartment, not without the exception of the person who gave him the housing.

The above indicates that it is better to draw up a gift agreement with a notary. Thus, it will be more difficult to challenge the document, to recognize it as erroneous or illegal. In addition, the specialist will be able to suggest in which case which points would be advisable to add to the document in order to avoid troubles later.

Features of the document

The gift document has many features. Most often, citizens are interested in the question of whether this document has a reverse side.

There are a number of features in the presence of which a deed of gift may be cancelled. These include:

The document is executed incorrectly or illegally (there are errors, the necessary information is missing, there is no state registration).
Recognition that the donor was incapacitated when signing the document.
The donor or his family was subjected to criminal acts by the donee.
Fictitiousness of the document. The deed of gift was concluded in order to conceal the financial transaction in order to avoid paying tax on the purchase and sale.
The donor was forced to sign a deed of gift by threatening him and his family.
The donor's signature was affixed illegally. The documents were substituted, and the donor did not realize that he was participating in the gift transaction.
The second spouse, who has the right to the apartment due to its relation to jointly acquired property, did not give his consent to the transaction.
Irresponsible attitude of the recipient towards the housing received as a gift, the condition of which noticeably suffers for this reason (fires often occur, the apartment is constantly unsanitary, etc.).
The donee died prematurely (only if this clause is included in the contract).

There are often questions about whether it is possible to redo a gift agreement or whether it is possible to change the text of the document?

Note: In order to make significant adjustments to the contract, it is recommended to challenge it in court, and then enter into a new one.

Where does the registration take place?

You can draw up a deed of gift yourself, or you can also seek help from a notary, realtor or lawyer.

Next, it and other documents must be submitted to the MFC, cadastral chamber or registry chamber. Here the rights of the recipient to the property will be registered.

If the deed of gift was not drawn up by a notary, it can be signed right in front of the employee who will accept the documents. In addition, before submitting documents you will need to pay a state fee. Its size will depend on whether the donor and the recipient are related, and in what kind.

How long will the deed of gift be? Re-registration of rights takes 10 days.

What documents should I prepare?

To register ownership of a new owner, you will need to submit to the registering organization:

Passports.
Deed of gift.
Property ownership document.
Consent from the donor's spouse (if the apartment belongs to jointly acquired property).
An extract from the house register and a copy thereof.
The original and a copy of the power of attorney when applying instead of one of the parties to its representative.
Consent to the transaction of the guardian (if the donee is a minor or incapacitated).
Receipt of payment of state duty.

Before taking documents to the registry office, it is recommended to make copies of them and keep them with you.

It is possible to request other documents. It all depends on the specific case. It would be better if you inquire in advance about the required package of documents by phone, or look at the information on the official website of the registering organization.

Donation of real estate to a minor

Transferring housing to a minor is permitted by law. However, his presence during the conclusion of the contract is not necessary. One of the parents can represent his interests. The last one also signs the deed of gift.

When the donee reaches 14 years of age, he can already sign, but in addition to this, the signature of a parent or guardian will also be required.

The apartment that was gifted to the child will be used and disposed of by his representative until the child reaches adulthood. However, a parent representing the interests of a minor child does not have the right to sell an apartment unless there is consent from the guardianship council.

The deed of gift does not give the minor the right to sell the home without the consent of his representative and the guardianship authorities.

After reaching adulthood, the child can already fully dispose of the donated property.

Gift to a relative

A deed of gift for a relative is issued under slightly different circumstances when compared with that issued for people who are not related.

The main difference is the amount of state duty and tax on real estate received as a gift.

For recipients represented by the son, daughter, husband or wife of the donor, the duty is 0.3% of the cost of housing (minimum 300 rubles). The remaining categories will pay 1% for the cost of the apartment up to 1 million rubles, and if the value of the gift is 1-10 million rubles, the duty will be 0.75% plus 10 thousand rubles.

Payment of the above amounts is the responsibility of the donee. But in practice, this amount is often paid by both parties or only by the donor.

For recipients who are not relatives of the donor, they will need to pay a tax of 13% of the price of the gift. Close relatives do not pay this tax.

Features of tax payment

Let's consider the rules according to which tax in the amount of 13% of income when donating must be paid:

If the contract indicates the cost of an apartment that is 70% lower than the cadastral price, it will be considered invalid. In this case, the tax percentage will be calculated from the cadastral value.
The tax rates for donating a share of real estate are the same as for donating an entire apartment.
Direct relatives of the donor (husband, wife, grandmother, grandfather, brother, sister, mother, father, daughter, son, grandson, granddaughter) are exempt from paying this tax.
Persons who must pay the above tax include second-degree relatives of the donor or persons unrelated to him.
If real estate is transferred to a foreign citizen or non-resident of the Russian Federation, the tax rate is not 13%, but 30% of income.

Grounds for suing donated property

When concluding a gift transaction through a power of attorney or in person, it is necessary to understand that the gift should not be encumbered with debts, arrest, mortgage fines, etc., because then the agreement will not be valid. The recipient may be a relative. Quite often, children decide to draw up a sample deed of gift for their mother or father, since this allows them to transfer rights to property, but save on paying taxes. When a transaction is concluded with an outsider, he is subject to a tax rate of 13% of the market value of the property. When concluding an agreement with a non-resident of Russia, you need to understand that the tax amount will increase to 30%. In such a situation, a non-resident will be considered a person who, due to circumstances, resides in Russia for less than 183 days a year.

Sample donation agreement for an apartment

10.7 KiB 21 Downloads Details

Category:	Donation
Date of:	27.02.2016

Quite often, Russian citizens think about selling their home, but not conducting the transaction as a purchase and sale agreement. The parties draw up and register the deed of gift, but the donee gives the seller a receipt confirming the fact of the transfer of funds. Such a transaction is called imaginary. It violates the legislative order of the Russian Federation and is a reason for the relatives of the donor to file a claim in court and take away the apartment donated by receipt. In addition, the reason for starting legal proceedings in order to cancel the gift agreement may be:

incapacity of the donor;
pressure from the donee on the primary owner and members of his family;
errors when registering a document or an uncertified power of attorney for a transaction;
contradictions of the deed of gift to the current legislation.

Sample claim for cancellation of deed of gift

40.5 KiB 22 Downloads Details

Category:	Donation
Date of:	27.02.2016

It is important to go to court with not only the grounds for filing a claim, but also evidence of your position. The evidence base may include witness statements, certificates, receipts, audio and video recordings, etc. The process will be carried out in accordance with all the rules of Civil Law. To win a case or defend your rights, you need to enlist the support of an experienced lawyer in time. The expert will build a line of defense or prosecution, help prepare and correctly present facts, receipts, certificates, and assess the risks of the case.

Read also: Drawing up a real estate donation agreement in Belarus

What to choose?

Donating a home is a convenient and profitable transaction for many people.

It is recommended to resort to it in the following cases:

Close relationship between the donor and the recipient, when the transfer of housing is considered a formality in order to re-register ownership of it.
The donor has other housing and a desire to transfer other property in the form of an apartment as a gift to another person.
The presence of registered citizens in the apartment, whose eviction by other means did not produce results.
The donor has confidence that after the rights to the apartment are transferred to another owner, he will not lose the right to live in the donated apartment.

In situations where the owner of the apartment does not have full trust in the person to whom he wants to transfer the housing, and his desire to receive during the transaction some kind of “insurance” regarding the further use of the housing or benefits from the transaction, it is better to use other documents rather than a deed of gift .

Will. According to this document, property will be transferred only after the death of its owner.
Barter agreement. Under such an agreement, something is given in return for the transferred apartment.
The purchase and sale agreement is the sale of an apartment and the receipt of payment for it.
Rent agreement. According to such a document, the apartment is transferred to the new owner with the condition of paying its cost in installments or maintaining the former owner.

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Thus, it is advisable to choose a deed of gift in cases where there is a high level of trust and family ties between the donor and the recipient.

Deadline for registering the transfer of ownership by way of gift

Real estate donated to an individual or legal entity is subject to state registration . The donee needs to obtain a certificate of ownership of it - only after that he will be able to fully dispose of the property. Movable property subject to state registration must also be registered within the period specified for this type of property.

Registration of the transfer of ownership is carried out by the Federal Registration Service of Cadastre and Cartography. Documents are prepared within 10 working days from the date of their submission . You can submit a package of documents through the local branch of Rosreestr or a multifunctional center. a state fee must be paid in the amount specified in Art. 333.33 of the Tax Code of the Russian Federation (TC RF).

In accordance with Art. 2 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it”, the date of state registration will be considered the date of making the corresponding entry in the state register.

Example: In 2014, citizen Fedorov gave an apartment to his second cousin, citizen Ivanov. The gift agreement was drawn up in writing and signed by the parties to the transaction. A standard form was taken as the basis for drawing up the document, since notarization of the gift agreement is not necessary in this case.

The agreement contained the data of the parties, a description of the gift (apartment) and the period during which it should be transferred. After receiving the apartment, Ivanov paid the state fee, the amount of which at that time was one thousand rubles, and submitted documents to register the transfer of ownership. After 10 working days, citizen Ivanov received a certificate of ownership, giving him the right to dispose of the received property.

Where to draw up an agreement

For the gift agreement to come into force, it must be registered with Rosreestr. To do this, the parties indicated in the document must appear at the territorial office of this organization with personal documents.

If the deed of gift is drawn up through a notary, this procedure falls on the shoulders of a lawyer. Please note that the deed of gift is drawn up in several copies, one for each participant in the transaction.

In addition, the donor must provide title documents for the property being donated. The package of documents is supplemented by the written consent of other owners (if any), extracts from the EIRC and the house register.

Registration of a deed of gift takes 10 days. On the specified day, the parties to the transaction come to Rosreestr and receive a copy of the agreement. The recipient receives title documents for the property.

Please note that termination of the contract is possible within strictly defined periods. For 2020, this is 12 months from the date the document entered into legal force. Termination of the contract is also possible in cases where the recipient threatens the donor.

Rules for drawing up and registering a gift agreement

It is quite simple to draw up a deed of gift for an apartment, but you need to know some nuances that will help you organize the transaction correctly. Involving a notary in the procedure is not a mandatory condition in Russia, but most citizens want to get a professional assessment and support in order to avoid negative consequences. You can work with a notary through a power of attorney. To write a sample gift agreement, the notary will have to provide title papers for the object of the gift, passports of the parties to the transaction, a certificate of the donor’s legal capacity, and the consent of the spouse to carry out the procedure. In individual cases, other documents may be required, for example, if you want to transfer the rights to real estate with the people registered in it, you should obtain the consent of each of them.

The consent of the spouse before donating an apartment will be required only if the property is jointly owned, i.e. acquired during marriage. In a situation where housing was purchased before the registration of the union or received as a gratuitous transaction during marriage, it is considered sole property, which the owner can dispose of himself.

Having written a sample deed of gift through a power of attorney or yourself, you need to register the document in Rosreestr. To do this, the donor and the donee must contact the government agency and provide all the documents related to the transaction. The donor will have to write a statement about the transfer of ownership rights, and the recipient of the gift will have to issue a certificate of property rights. After paying the state fee, you will need to wait two weeks. After this, the deed of gift comes into legal force, and the new owner will have the opportunity to dispose of the property, he will be able to sell, transfer, or bequeath it. If registration is not carried out within a year after signing the transaction, the document will be considered void.

Read also: Is it necessary to have a gift deed certified by a notary?

Possible costs

When registering papers with a notary, close relatives pay a fee of 0.3% of the value of the property being donated. Donees who are not related to the donor pay 1% of the cost. In addition, you will have to pay for the services of a notary to draw up the document.

When it becomes necessary to make a choice - to draw up a deed of gift or a will, you need to take into account all the nuances of both procedures. You should also take into account the timing of when the deed of gift for an apartment comes into force, and when you can inherit it.

When does the deed of gift for an apartment come into force?

Unlike entry into inheritance rights, which is possible six months after the death of a relative, a deed of gift is valid 18 days after its execution and registration. This procedure greatly simplifies property relations between close relatives.

There are several advantages of a deed of gift for an apartment over the inheritance procedure:

Minimal risk of cancellation of the gift agreement	A deed of gift for an apartment may be invalidated in extremely rare cases - drawing up a deed of gift for those who are already incapacitated at the time of paperwork; as well as in cases of threat to the life and health of the potential donor of the apartment, if this is proven.
Quick transfer of property into the ownership of the donee	There is no need to wait 6 months; the apartment becomes a property within 18 days from the moment the ownership is registered by a notary.
Relatively inexpensive registration costs	Unlike the preparation of inheritance documents, you will have to pay only 1000 rubles for a deed of gift - a state fee.

How long is a gift agreement for an apartment valid?

This format allows you to reduce paperwork and reduce taxation. However, this operation is not clear for everyone and not in all cases. Therefore, various questions often arise, for example, about the timing of registration, validity, limitation and challenging the deed of gift for an apartment.

Procedure for donating an apartment
married son
to a minor child
When can you sell an apartment after donation?
Drawing up a contract yourself
Do you need your spouse's consent to donate an apartment?
Taxation when donating an apartment
Tax deduction for donating an apartment
Registration through a notary
with the right of lifelong residence
Conditions and rules for donating an apartment

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Is it possible to issue a deed of gift for an inherited apartment?

An apartment inherited after the death of a relative can be donated to anyone by drawing up a deed of gift for it. In order to enter into an inheritance, you must bring to the lawyer:

passport;
cadastral passport of the inherited apartment specifying the amount to be paid;
death certificate of the former owner of the property;
documents confirming the relationship with the deceased.

If you need any additional documents, you need to find out specifically from the notary. Next, you need to carry out the procedure for registering ownership of the apartment with a notary.

The following documents will be required:

heir's passport;
documents on the right of inheritance;
a receipt confirming payment of the state duty.

What is the validity period of a deed of gift for real estate?

When drawing up a transfer agreement, ownership of the agreed apartment or other real estate passes to the donee immediately after the conclusion of the agreement and its registration in Rosreestr, therefore the apartment is excluded from the inheritance estate.

Many people are concerned about how long such an agreement is valid and what to do after the deed of gift for real estate has expired. A real estate gift agreement must be registered with Rosreestr, otherwise the new owner simply will not take ownership of the apartment. The validity period of a registered deed of gift for real estate is unlimited. It does not require re-registration, extension, payment of additional fees, etc.

Who can't give an apartment to?

There are several situations that prohibit issuing a deed of gift for an apartment:

The donor may not be a person serving as an official at the local or federal level in connection with his position.
The donor cannot be a minor or incapacitated person. Even if such a donor was able to draw up a deed of gift, it can easily be declared invalid.
If the donor of an apartment is the owner of a commercial organization and tries to donate property to the same owner of another commercial organization, then such manipulations are prohibited.
If the donor is a client of medical clinics, educational institutions and other social institutions, then issuing a gift deed for his living space is prohibited by law.

Sometimes, after registering a deed of gift for an apartment, relations with relatives may change, not for the better. Donating real estate is a very serious step for the donor.

In this case, a will for inheriting an apartment protects the owner of the home more. Before you issue a deed of gift, you need to think several times.

After all, it is almost impossible to cancel this step after the deed of gift is registered in Rosreestr, and the recipient is in no danger, even if he decides to drive his donor out onto the street.

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

1.1. St. Petersburg! Unfortunately, when the ownership rights are transferred under a gift agreement, the donor’s ownership rights are terminated.

Good luck to you Vladimir Nikolaevich Ufa 09/14/2016

1.2. You can save it. But the owner can then recognize you as having lost the right of residence through the court.

2.1. Such changes are allowed and, moreover, they are necessary on the basis of a court decision, if it has entered into legal force under Article 13 of the Code of Civil Procedure of the Russian Federation.

3.1. An agreement on the gift of property between spouses, Article 572 of the Civil Code of the Russian Federation, of course, can be drawn up. But this agreement will come into force from the moment of its conclusion; the entry into force of a gift agreement with a delay is not provided for by law.

3.2. Yes, of course, you can draw up a gift agreement with a suspensive condition in accordance with the Civil Code of the Russian Federation. Contact a notary. Good luck and all the best to you.

4.1. The contract will be valid. Until the day the court decision comes into force, the spouses are married; there is no need to pay tax on gift income.

4.2. The gift agreement will have legal force. Personal income tax on donations also does not arise, since the court decision has not yet entered into legal force.

4.3. Considered legal. If the car belonged to one of the spouses solely (i.e. it was not joint property), then he has the right to dispose of it at his own discretion. There is no tax here, because the termination of the marriage will take place only after the decision has entered into legal force.

5.1. If an agreement has been concluded but has not yet been submitted for registration of rights to Rosreestr, then it must be certified by a notary.

5.2. Julia.

Do not do this. For contracts concluded before the entry into force of this law, the requirements of the law that were in force before the specified date are applied.

Transactions for which a mandatory notarial form was not previously required and concluded before 06/02/2016 in simple written form are legally valid, regardless of the date of application for state registration of rights.

6.1. Svetlana. Rosreestr will not register a share donation agreement that does not comply with current legislation. Contact a notary.

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

6.2. You can try, but most likely you will be refused, since there are many such cases, and a lot of time has passed since the law came into force.

6.3. Svetlana! They will not register it in the Russian register. The deed of gift will have to be notarized by a notary.

6.4. No, I will not register the transfer of ownership of a share on the basis of such an agreement. For registration, you must provide an agreement in accordance with current legislation, i.e. notarial form.

7.1. In practice, the bank will most likely not be involved in proving an invalid car sale transaction. After all, this is only through the court, and in court you can still win. Therefore, act, it certainly won’t get worse.

7.2. When a bank or bailiff applies to the court to declare such a transaction invalid, a decision may be made and restitution may be applied (consequences of invalidity of the transaction)

8.1. Registration of the gift agreement will be suspended, since the gift agreement is not notarized. Next, they will offer to provide the draft contract with a notary certification.

8.2. Since ownership rights arise from the moment of state registration, and the transfer of rights was not registered, the mother is still the owner of her shares. At the moment, you can only complete a transaction through a notary.

9.1. Agreements on the alienation of property are not registered; the transfer of ownership under agreements is registered. These articles apply (for donations, Article 574), except for the clauses on registration of contracts.

10.1. , or is it not retroactive? It is possible to challenge a gift agreement or any other agreement if you entered into it under the influence of deception, threats, delusion, or were incapacitated and did not understand the meaning of your actions. Everything must be proven naturally.

10.2. “she filed for divorce immediately after the contract was entered into” is not a basis.

11.1. The period will be calculated from the moment you receive the apartment.

12.1. If they have entered into legal force, then ask, don’t ask, nothing will happen. It should have been done earlier. Now everything has passed and relatives can do whatever they want. The courts will not impose anything.

12.2. Read in the cassation appeal to impose a ban on registration actions.

13.1. Only if the term is restored through the court.

14.1. The procedure is usual - through a notary within 6 months. after the death of the testators. Donation agreement - also through a notary, but registration of ownership of the donee immediately during the life of the donor.

14.2. It’s better to draw up a gift deed right away, Evgeniy.

14.3. If relatives (grandparents) agree, it is better to write the donation now. It will be easier and cheaper this way.

15.1. No, he can not. Then draw up a rental agreement.

15.2. No, such an agreement will be void.

16.1. The gift agreement comes into force from the moment of state registration.

17.1. Yes you can.

In accordance with Article 572 of the Civil Code of the Russian Federation, it is stipulated that instead of a gift agreement, a promise to donate something in the future can be drawn up. Article 572 of the Civil Code of the Russian Federation: 2.

A promise to transfer a thing or property right to someone free of charge or to relieve someone from a property obligation (promise of donation) is recognized as a gift agreement and binds the promisee if the promise is made in the proper form (clause 2 of Article 574) and contains a clearly expressed intention to make a gratuitous gift in the future. transfer of a thing or right to a specific person or release him from a property obligation.

17.2. You can, the gift agreement does not require notarization.

18.1. The gift agreement is NOT REGISTERED

in Rosreestr.

It's been three years already. The transfer of ownership is registered.

If it is registered, then the mother, as the owner, can move into the apartment and live in it, if the second owner does not mind. But the ex-husband, as the former owner, now no one can demand anything.

If against, then move-in is possible only by court decision. Which is not obvious, which will be in favor of the mother.

18.2. She will become the owner in the sense of Article 209 of the Civil Code of the Russian Federation only after registering the agreement with the Federal Reserve System and receiving a certificate of ownership.

18.3. The gift agreement requires mandatory registration with Rosreestr. Accordingly, after submitting documents and receiving a certificate, she is the owner of this share.

18.4. Register the agreement with the federal registration service.

Detailed and up-to-date instructions on how to formalize the donation of an apartment in 2020

Article updated: May 22, 2020

Hello. Since 2014, I have helped 23 clients conduct transactions to donate their apartments. Now the law has changed, so the instructions for drawing up a deed of gift have also changed.

To formalize the donation (deed) of an apartment, you need to draw up an agreement and submit it along with other documents to the MFC or the Registration Chamber (UFRS) so that the transaction itself is registered there. The donation instructions on this page are current for 2020 and are suitable for most cases.

There are also separate articles on different situations, choose yours:

Stage No. 1 – order a gift deed

Previously, a simple form of agreement was suitable for registering an apartment donation transaction. By simple form we mean a regular contract printed on A4 sheet.

But since June 2020, in most cases, they began to require an agreement only in a notarized form - clause 1 of Art. 42 of Federal Law N 218-FZ. Those.

First you need to certify (certify) the gift agreement with a notary, and only then submit it to the MFC or the Registration Chamber for registration.

A notarized agreement is required if an apartment is donated in which there are several owners in shares - shared ownership (taken from our article).

It makes no difference whether this apartment is given to a relative or not, to one or several, etc. Since the apartment is in shared ownership, it means you need to contact a notary so that he can draw up and notarize the agreement.

Follow the link to read the article on how to certify an apartment donation agreement with a notary, what documents are needed + how much this service costs.

In other cases, a regular agreement in a simple form is suitable, namely: 1) when an apartment with one owner is given as a gift. This is called sole proprietorship; 2) when spouses donate an apartment that they jointly own.

Show examples when a deed of donation of an apartment in a notarized form is required ↓

Example No. 1: Ivan and Daria have an apartment, and each has 1/2 share. This is shared ownership. They decided to donate their apartment to Vladimir, i.e. everyone gives their share. And since the apartments are in shared ownership, then an agreement in a notarized form is required.

Example No. 2. Alexey, Natalya and Andrey each have a 1/3 share of the apartment in the property. They all decided to give the apartment to Ivan and Olga. The apartment is in shared ownership, which means that to register the transaction you need a gift agreement certified by a notary.

Show examples when a gift agreement in a simple form is suitable ↓

Example No. 1: Vasily has an apartment, he is the sole owner and decided to give it to his minor son Ivan. Because there is only one owner of the apartment, then the deed of donation of the apartment is suitable in a simple form; it is not necessary to have it certified by a notary.

Example No. 2. Spouses Vasily and Elena bought an apartment while married and registered it as joint ownership between them. When donating such an apartment, a simple form of gift agreement is suitable.

Example No. 3. Spouses Vasily and Elena bought an apartment while married, but registered it only in Evgeniy’s name. In this case, the apartment is still the joint property of both spouses.

It doesn’t matter to whom they give the apartment (to one person or several persons in shares, a relative or not), a gift agreement in a simple form will do.

But Elena will be required to obtain consent for the donation from a notary. It costs 1 - 2 tr.

In principle, you can have a donation agreement certified by a notary at your own request, even if this is not necessary. Yes, and you can formalize the entire transaction of donating an apartment.

This is usually done when there is a fear that interested parties will want to challenge the deed of gift. In this case, the notary will draw up a gift agreement, certify it and submit the documents to the Federal Registration Service for registration.

The cost of these services is detailed on this page.

What is better for the heir - a gift or a will? I think it's the first one.

Even if the gift agreement is suitable in a simple form, you do not need to draw it up yourself. I strongly advise against looking for contract templates on the Internet. Almost all templates on the Internet are outdated or generic.

Understand that almost every gift transaction is individual, and standard templates do not have the items that need to be specified in each specific case. Therefore, contact a lawyer, because... he will look at the situation of donors and recipients, take into account all the nuances and draw up the correct agreement.

After all, if even one spelling error is found in the contract, the deal may be suspended.

In order not to look for a lawyer yourself, you can leave a request for drawing up a gift agreement in the Pravoved.RU service. How to submit a request, read here, instructions with pictures. On average, a contract costs 1000 - 3000 rubles.

Pravoved.RU is also convenient because you do not need to visit various offices, all work takes place online. The service works like this: 1) You leave a request.

The application itself is free and does not oblige you to anything; 2) Professional lawyers send their proposals within 5-10 minutes, for how long they are ready to draw up a gift agreement; 3) Choose the lawyer you like based on price, reviews, experience; 4) Discuss the gift agreement with a lawyer.

If you don’t know what to add to the contract and don’t understand it at all, then just write down the situation: who wants to donate an apartment, to whom the apartment is being given, why and why. Lawyers will figure out your situation themselves; 5) Now you can pay for the service; 6) After payment, the lawyer will draw up an agreement and send a link to download it.

Donation agreements in a simple form can be signed in advance, or done in front of an employee at the MFC/Registration Chamber (the next stage), there is no difference. The employee does not certify the signatures himself. But if the agreement is in notarized form, then sign it in front of a notary, because then he will certify these signatures.

→Lawyers will draw up an apartment donation agreement for you. Leave an application and lawyers will draw up an apartment donation agreement without errors. No going to the office. Plus free legal advice.Pravoved.RU

Stage No. 2 - contact the MFC or the Registration Chamber (UFRS) to register the donation transaction

If the gift agreement was drawn up by a notary (in notarial form), then the notary is obliged to submit the agreement for registration HIMSELF, FREE OF CHARGE, AND ON THE SAME DAY. This is already included in the transaction certification service.

Notaries have such responsibilities since February 2020 on the basis of Art. 1 of Federal Law dated August 3, 2018 N 338-FZ. This law excluded the notary's tariff from Art. 22.

1 of the Fundamentals on Notaries, and also added in the 2nd paragraph - a notary does not have the right to charge money for additional legal services.

The notary will submit documents electronically. Then the transaction must be registered within one business day.

If the notary does not have the opportunity to submit electronically, then he or his assistant must submit the documents in person to the Rosreestr office and within a maximum of 2 business days.

The registration period will be 3 working days after submission. All this is indicated in paragraph 9 of Art. 16 of the Federal Law on Real Estate Registration of July 13, 2015 N 218-FZ.

The parties must pay the notary only the state fee for registering the transaction - 2000 rubles (clause 22, clause 1, article 333.33 of the Tax Code of the Russian Federation). If a notary submits documents electronically, Rosreestr has set a discount of 30% - you only need to pay 1,400 rubles. The state fee is paid by the donee, but in practice the notary doesn’t care who gives the money.

After the donation, the new owner can safely register in the apartment.

If the parties did not draw up the agreement with a notary (in a simple form), then they themselves submit it for registration. Since 2020, in many cities it is possible to submit documents for registration of a gift only at the MFC.

Then the MFC employee themselves transfers the documents to the Registration Chamber. Those. The Registration Chambers no longer accept citizens directly, but only through an intermediary in the form of the MFC. If in your locality you can submit documents directly to Reg.

Chamber, then it’s better to do so.

The submission of documents to the MFC or the Registration Chamber itself does not differ, so in the instructions I indicated through the MFC.

The donor(s) and recipient(s) need to contact the MFC, pay the state fee and submit signed agreements with other documents.
If the recipient is under 14 years of age, then his presence is not required; one of the parents (guardian, trustee) must be present. If the recipient is between 14 and 18 years old, then one of the parents (guardian, trustee) must be present with him.
The state fee for registration is 2000 rubles (clause 22, clause 1, article 333.33 of the Tax Code of the Russian Federation). Payment details can be obtained from an employee. The payment desk is usually located in the MFC building itself. Now the position of Rosreestr is that the donee pays the state duty. In practice, it doesn’t matter who pays the state duty, it’s all by agreement. The recipients will simply be indicated on the payment receipts.
After paying the state fee, in order of priority, give the original documents to the employee:
- Passports of donors and recipients; If the recipient is between 14 and 18 years old, his passport and the passport of one of the parents. If the recipient is under 14 years old, his birth certificate and the passport of one of the parents.
Consent of the donor's spouse certified by a notary; This consent is required only if the gift is an apartment that was purchased during marriage, but is registered in the name of only one of the spouses. After all, an apartment purchased during marriage is considered the joint property of BOTH spouses, even if it is registered in the name of only one of them (Clause 2 of Article 34 of the RF IC). Consent is issued only by a notary (clause 3 of Article 35 of the RF IC) and costs 1-2 tr. Additionally, a marriage certificate will be required.
If donors want to remain living (registered) in the apartment after the donation transaction, then an additional extract from the house register will be required. This extract is also called a certificate of registered persons or a certificate of family composition. It is required to prove that the donors actually live/are registered in this apartment. How and where to get this extract - instructions. A separate clause should also be written down in the gift agreement regarding accommodation;
If a proxy acts for one of the participants in the transaction - a notarized power of attorney (original and copy). However, donors cannot issue a power of attorney for the donee to sign a gift agreement for him, and vice versa. Because the donor and the donee cannot be the same person (clause 3 of Article 182 of the Civil Code of the Russian Federation). They have the right to issue a power of attorney for each other, for example, to submit a signed registration agreement and receive it;

What is a deed of gift? Rights and obligations of the parties

Expert opinion

Tarasov Dmitry Timofeevich

Legal consultant with 7 years of experience. Specializes in the field of civil law. Member of the Bar Association.

A gift agreement is a document that does not require mandatory notarization, which confirms the fact of the gratuitous and voluntary transfer of property from one person to another. In this case, the donee agrees to accept the subject of the transaction as a gift.

Most often, the preparation of such paper occurs between close people. Within the framework of this document, an apartment or house, land, valuables, a car and much more can be transferred.

The deed of gift has many advantages compared to other transactions of this kind:

Relatively simple registration procedure.
A small set of documents that need to be collected.
Prompt registration (the procedure from receiving the form to registration takes less than a month).
There is no need to pay tax if the parties to the transaction are close relatives, as in the case of a will or the sale of real estate.
The ability to register a share in the name of another person without alienating the rights of the owner.
The validity period of a deed of gift for a residential apartment, car or other property can be specified in the text of the document.
You can draw up a deed of gift either in printed form or by hand.

However, the execution of such a document has a number of nuances that are related to the rights and obligations of the parties. When drawing up the document, the following must be taken into account:

After a divorce, property officially belonging to one of the spouses cannot be divided. If it was given as a gift, it remains owned.
The donor cannot be a minor citizen or a person declared incompetent.
Employees of social government institutions, trustees, if they are a close or distant relative of the donor, can act as a donee. One of the parents has the right to donate movable or immovable property to the child. The consent of the spouse is not required.
The donor may indicate in the agreement that the recipient does not have the right to evict him if we are talking about the transfer of an apartment, house or room.

Design features

You can draw up a real estate donation agreement yourself or use the services of a notary. You can download a sample contract valid for 2020 using this link:

Sample apartment donation agreement

Please note that it is necessary to strictly follow the form of filling out the contract; a discrepancy in at least one letter may result in refusal of registration. Please note that registration of the agreement is a prerequisite; without this procedure, the document will not have legal force.

The grounds for termination of the contract are the following factors:

the papers include property belonging to a minor or incompetent owner;
the recipients are employees of medical or educational institutions where the donor’s relatives study/are receiving treatment;
the role of the recipient is an official of local or federal significance;
property is transferred as a gift without the consent of other owners.

If the above conditions are met, you can proceed with the preparation of the deed of gift. Regardless of the property being donated, the following points must be stated in the document:

The essence of the contract being drawn up, with a technical description of the item being donated.
Date and place of the transaction.
Passport details of the parties to the agreement.
Written confirmation that the transaction is voluntary. In addition, we recommend attaching a certificate confirming the sanity of the donor.
Signatures of the parties.

In addition to the required sections, you can include a clause stating who will bear the costs of preparing the document. By default, the financial side of the costs falls on the recipient, but by agreement of the parties the costs can be divided.

In addition, you can specify additional conditions for the deed of gift. For example, that the donor may live in the donated apartment, or the recipient will be able to dispose of the property upon marriage.

Please note that if the property being donated has encumbrances, this must be indicated in the contract. According to the current legislation for 2020, encumbrances are transferred to the recipient along with the right of ownership.