Alienation of a share in the ownership of real estate

What is a share (part) of a land plot?

When donating a share (part) of land, interested parties need to have an idea of ​​what it is. Art. 6 of the Land Code of the Russian Federation (LLC RF) provides a complete list of objects of land relations, among which it distinguishes land (natural object and resource), land plots and their parts. This article not only does not disclose the concept of share, but also does not relate it to such objects. When referring to the norms of civil legislation of the Russian Federation, in particular to Art. 128 of the Civil Code of the Russian Federation, it can be seen that they also do not belong to the objects of civil rights.

Then a logical question arises about how certain transactions for the alienation of shares of property, including their donation, are carried out? The answer to this can be found by analyzing Chapter 16 of the Civil Code of the Russian Federation (provisions on common property).

In accordance with Art. 244 of the Civil Code of the Russian Federation, shared ownership means the ownership of several persons in relation to one property with the definition of the shares of each of them. It is important that it does not relate to the division of the property itself, but is a share in the right of common ownership of the land. This means that any of the owners of one land plot has the right to use it without dividing it into any parts, to the extent that it is necessary for him (if his part is not allocated - Article 11.5 of the Land Code of the Russian Federation), but he can only dispose of it his.

The determination of such shares is carried out in accordance with the rules specified in Art. 245 of the Civil Code of the Russian Federation, i.e. by agreement of the parties, or in its absence, they are recognized as equal between all co-owners. Exercising the powers specified in Art. 209 of the Civil Code of the Russian Federation, is also carried out by the co-owners of the site by mutual agreement, but there are restrictions on its disposal. In this case, it is necessary to obtain the consent of the remaining owners of the site, and when expropriating it for compensation, the rules on the pre-emptive right to purchase must be observed. This follows from Art. 246, 250 of the Civil Code of the Russian Federation.

What is the share of land according to the law?

The concept of a share can be found in the Civil Code of the Russian Federation. Article 245 of the Civil Code regulates the process of allocating a share from a common land plot owned by several citizens at once.

To understand what the concept of “share” is in relation to land plots, you must first define what shared ownership is. In relation to land plots, it can be considered as:

• part of the territory that has been identified in nature and its clear boundaries have been defined;
• cost allocated from the total cost - a specific amount that was calculated from the price of the entire land plot.

Note that the second option is applicable in cases where the law does not allow the land to be split into pieces; it must be a single whole.

The Civil Code does not provide a clear definition of this type of property, but allows for its existence and regulates the transfer of property rights of this type as a result of donations and other transactions made by citizens.

Another important document that you need to rely on when donating a land plot allocated from common shared ownership is the Land Code of the Russian Federation. The Land Code does not prohibit the donation of plots, but it does introduce restrictions on the process. The main one concerns the fact that the transfer of such property into other hands by deed of gift assumes that the new owner, according to the documents, will be considered not as the owner, but as a tenant.

Important: both the Land Code and the Civil Code do not interfere with the procedure for donating the entire plot of land or its share, but they do introduce restrictions. Each of them, under certain circumstances, can be appealed in court.

Regulatory regulation

Let us consider the features and nuances of the alienation of property prescribed in the Civil Code.

Reasons

The right of ownership may be terminated upon alienation of property by the owner in favor of other persons, upon his abandonment of the property, and in other cases to which legislative norms apply.

Forced alienation of property is unacceptable, with the exception of:

• collection of obligations;
• alienation of property that cannot belong to the person to whom it was transferred;
• seizure of the site;
• redemption of cultural property;
• confiscation;
• requisitions;
• By the tribunal's decision.

At the will of the owner, property belonging to state or municipal property may be alienated in favor of legal entities and individuals. In this case, the transfer of ownership is carried out with compensation for the value of the property.

Conditions for donating a share of a house and land

A number of restrictions apply to making a gift. Namely, the act of gratuitous transfer is invalid if:

• Carried out in exchange for any service, financial investment or counter-gift from the donee.
• The recipient of the gift is an employee of an educational, medical, social and other similar institution, and the donor is a citizen using the services of such an organization, his spouse or relative.
• Done in favor of a civil servant, official, employee of the Bank of Russia in connection with the performance of their official duties.
• The donor is a minor, incapacitated citizen or his representative.
• Illegal actions were established against the donor in order to force him to alienate property without compensation.
• The contract provides for a promise to make a gift in the future, after the death of the donor.

Mandatory conditions for concluding a deed of gift (including in relation to future transfer of real estate) are:

1. State registration of the agreement.
2. Legal capacity of the parties (if the donee is deprived of it, a legal representative - a parent or guardian - can act on his behalf).
3. Availability of documents confirming the donor’s ownership of the house and land or a share of real estate.
4. A clear indication in the contract of the object of the gift (size of share and name of the object).
5. Conducting a preliminary assessment of the share of the plot from independent appraisers or requesting data on the value of real estate from Rosreestr (required to pay the state duty).

And an equally important condition is compliance with the rules and regulations of the procedure for drawing up a deed of gift, more about which below.

What is needed to donate a share of a plot of land?

As mentioned earlier, to alienate a share in property rights, it is enough to conclude a DD. However, this requires that the object be owned by the donor.

If there is no record about the plot in the Unified State Register of Real Estate, the owner must first:

1. Coordinate the allocation with the owners of neighboring plots.
2. Order surveying. The procedure is usually paid for by citizens who decide to “secede.”
3. Coordinate the survey results with other owners.
4. Approve the cadastral plan in the cadastral chamber.
5. Conclude an agreement, register property rights in Rosreestr.

After which the owner can donate his share to any citizen or legal entity.

The difference between donating a part and the whole plot

The donation agreement for a share of a plot is almost identical to the donation of an entire plot. The main difference is that it must be clearly described which share is being donated. Accordingly, the plot should be divided into shares.

Terms of a transaction

A transaction may be considered illegal if the deed of gift of the plot in the deed of deed contains one of the following conditions:

1. The share of the plot passes to the new owner after the death of the previous one. This situation must be formalized by a will.
2. The donee transfers money or other material assets to the donor (or undertakes to perform a service). A gift is a gratuitous transaction from which the donor should not receive benefits.
3. The donor is a minor or incapacitated.
4. The recipient is the head or doctor of the medical department in which the donor is staying or being treated.
5. Unless the consent of the other owners or spouse has been obtained.
6. If the plot is located in the border zone, it cannot be given to people who are not citizens of Russia.

You can include the following conditions:

• if the donor survives the donee, the land will return to him;
• the share will pass to the new owner not immediately after signing, but after a certain period of time or after some event (for example, a wedding or the birth of a child).

How to make a deal and donate a share?

The owner of the land can make a deed of gift at any time during his ownership of a particular plot.

The legislator does not impose any restrictions on such an agreement, since it is gratuitous in nature (that is, the donor has no right to demand anything in return from the donee).

However, when making a deed of gift, both parties to the agreement must remember that only with the correct preparation of the entire package of documents and the development of the most convenient version of the agreement, the transfer of ownership can be legally formalized.

Preparations for registering the transfer of ownership of a plot (or its share) by donating the latter will include the following steps:

1. Preparation of documents confirming the legality of the donation transaction;
2. Verification of provided documents by Rosreestr employees or a notary in order to confirm their authenticity and minimize possible risks of violation of the law when concluding a gift agreement;
3. Agreement by the parties to the transaction of all conditions for the transfer of real estate;
4. Determining whether a share in the land plot will be allocated in its actual form or whether the use of the plot will occur on the basis of common property;
5. Drawing up a gift agreement with the participation of both parties;
6. Registration of transfer of ownership of real estate.

When preparing for the execution of plans for a gift in the form of land, the donor will have to work hard to minimize possible problems in challenging the legality of the agreement in the future.

To do this, it will be necessary to prepare a certain package of documents, which should include not only the standard set in the form of a personal statement, passport and technical documents for the site.

Additional, but mandatory in this case, documents will include:

• Documents confirming ownership of a specific plot (with a mandatory indication in them of the way in which it was received by the donor. This provision is necessary in order to confirm the legality of the disposal of real estate);
• The consent of the spouse to complete the transaction (it is required regardless of whether the gift is made from jointly acquired property or this property was acquired by the donor before marriage), since it will be gratuitous in nature and may lead to a deterioration in the financial condition of the family;
• Documents giving characteristics of all buildings located on the site that is transferred to another owner as a gift (technical passports, certificates of absence of arrears in payment of any bills related to these buildings, as well as confirming information about the absence of encumbrances on them) .

Be sure to read it! Statement of claim for division of joint property of spouses

After all the documents have been reviewed (the authorized bodies are given a period of 10 days for this), the donation agreement will be signed directly by both parties, as well as the transfer of ownership will be formalized by the new owner receiving the relevant title documents.

Legal meaning of the concept

Along with the right of ownership, when the owner himself uses and disposes of his tangible or intangible property, there is the phenomenon of alienation of property.
This refers to those situations when an object (material thing) or rights to it are transferred from one person to another. You can alienate:

• any real estate;
• tangible movable objects;
• rights to this property;
• cash.

The transfer of property occurs from one person to another. In both cases, the parties may be represented by:

• private citizens;
• firms, companies, public organizations and other legal entities;
• the state represented by representatives of federal or municipal authorities.

Non-property objects (for example, patents, book rights) physically cannot be alienated, therefore the law and practice do not provide for such operations. However, the rights to these objects are subject to seizure. For example, if the author illegally appropriated the right to publish someone else’s book, then these rights will be alienated.

From a legal point of view, when an object or the right to it is transferred from one party to another, it does not always constitute alienation. For example, there are externally similar, but actually different situations:

1. When a citizen, state or legal entity refuses to receive any object (for example, as a gift or under a will).
2. When property is provided for use for a time (this is a lease or lease, but these types of transactions are not related to alienation).
3. When the parties have agreed on the alienation of property in the future, the most common case involves the signing of a preliminary agreement, under which the seller undertakes to sell and the buyer undertakes to buy the property.

An essential sign of alienation of property is that after this operation, ownership of the object passes from one party to the other. Therefore, in these cases we cannot talk about alienation.

How to draw up a donation agreement for a share of land

The donation agreement for a share of a land plot is drawn up according to the rules regulated by Ch. 32 of the Civil Code of the Russian Federation. They can be divided into general and special . Among the common ones, we highlight the following:

• compliance with the sign of gratuitousness (Article 572 of the Civil Code of the Russian Federation);
• a simple written form is required (Article 574 of the Civil Code of the Russian Federation);
• prohibition of donations on behalf of minors and incapacitated citizens (Article 575 of the Civil Code of the Russian Federation).

If these general rules are not observed by the parties to the transaction, the donation will be declared invalid (§2 of Chapter 9 of the Civil Code of the Russian Federation).

Giving involves two parties - the donor and the recipient. The object can be any property, unless it is withdrawn from civil circulation, regardless of cost. In addition to the above, such an agreement may contain conditions precedent for the transfer of the plot to another person (consensual agreement) or contain conditions on legal succession.

Example

Conditions precedent for donating a plot of land include the wedding of the donee, the birth of a child, etc.

Special requirements for registering a donation of a share of a land plot include the following:

1. The presence of the will of one party to transfer a gift, and the other to accept it.
2. The transfer of ownership of a share of a land plot is subject to state registration in accordance with the requirements of Art. 25 of the Land Code of the Russian Federation, Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it.”
3. The object of the donation - a share of a land plot - involves indicating the characteristics, in particular the address of its location, cadastral number, the total area of ​​the entire plot, the size of the transferred share (if possible, its area), type of permitted use, category of land, reference to the donor's title documents, indication for buildings, if any.
4. The deed of gift must determine the value of the transferred share of the plot.
5. A reference to the presence or absence of restrictions, encumbrances, or prohibitions on it.
6. The possibility of the parties to unilaterally terminate the contract (Articles 573, 577, 578 of the Civil Code of the Russian Federation).

In order for all of the above conditions to be determined by the deed of gift when it is executed independently, it is necessary to adhere to a certain structure , in which the following components can be distinguished:

• name (donation agreement for a share of land);
• date and place of his imprisonment (preferably in words);
• preamble (name of the parties to the transaction, information about them - full name, place of residence and registration, passport details);
• subject of the contract;
• rights and obligations of the parties;
• special conditions;
• final and transitional provisions;
• signatures.

How to draw up a contract correctly

The law establishes the rules of donation, including Art. 575 of the Civil Code of the Russian Federation. A prerequisite is a written form of the contract, certified by a notary office. The fact of transfer of rights must be registered in Rosreestr.

The donor must meet the following requirements:

1. An adult capable citizen. An adult incapacitated or partially capable citizen, as well as children under 18 years of age, cannot act as a donor. Gratuitous transactions on behalf of such donors are considered void.
2. The share in the ownership of the land plot is owned by the donor. If the title documents are not properly executed, then the transfer of rights is impossible.
3. The object is under arrest. Bailiffs can seize or encumber part of a land plot if enforcement proceedings have been initiated against the owner or as an interim measure pending trial. Until the encumbrance is lifted, registration activities with the object are prohibited.

A peculiarity of the transfer of a share of a land plot as a gift is that the recipient has rights only to this part.

He does not have the ability to dispose of the entire object. And subsequent sales are possible only after satisfaction of the rights of shareholders to pre-emptive redemption.

Sample agreement for donation of a share of a residential building and a share of a land plot

Agreements on the alienation of real estate (donation, purchase and sale, exchange)

According to the provisions of the Civil Code, the alienated property may be the subject of a purchase and sale transaction. In this case, the transfer of rights occurs by concluding a purchase and sale agreement between two parties: the seller and the buyer. The seller undertakes to transfer the property specified in the contract to the buyer, and he, in turn, undertakes to accept the property by paying its cost.

After registering the transfer of ownership and/or the purchase and sale agreement, the real estate is considered alienated, and it is no longer possible to cancel the transaction: if the parties suddenly change their intention to transfer/receive the real estate, they will have to enter into a new agreement and “switch” back.

How to draw up a deed of gift for a share of land

The procedure for registering a deed of gift for a share in a land plot is almost identical to the registration of a gift for a land plot as a whole.

Conditions for donating a part:

1. Registration in a notary office and state registration in Rosreestr. If a citizen wishes to donate a share of land, the contract is drawn up through a notary. The responsibility for transferring documents to Rosreestr in 2020 rests with the notary.
2. No payment for share. A mandatory condition of the transaction is that it is free of charge. It is prohibited to demand the gift of money or reciprocal services for the object. If the parties draw up a deed of gift in order to hide the purchase and sale agreement, then the transaction can be challenged in court.
3. Obtaining rights to a part during the lifetime of the former owner. Registration of a deed of gift is an alternative to a will. A feature of a gift contract is that the recipient’s rights arise from the moment of state registration during the life of the donor.
4. Voluntariness. Each party must enter into the transaction in good faith.
5. The subject of the donation must be a specific object. The share must be allocated (1/2, 1/3, ¼). And the land plot must be officially registered (borders are defined and registered in the cadastral register).

Where to start the process?

Registration of a gift for a share of land is in writing. However, two circumstances need to be taken into account:

• donation through a notary – suitable if the land has already been divided into shares, one of which goes to the donee;
• donation directly through the MFC or Rosreestr - if the owner of the land transfers a part to his relative, i.e. there are no other shareholders.

Step-by-step algorithm for donating a share

The following stages are distinguished for donating a share of a land plot (to a relative):

1. Initial meeting with the donee, discussion of the details of the transaction, conditions and requirements.
2. Appointment with a notary, consultation, drafting a gift agreement.
3. Preparation of documents for land, formation of a package, second application to a notary.
4. Payment of state duty, registration of a deed of gift for a share of the land plot.
5. Drawing up an act of acceptance and transfer of the object (at the request of the parties).
6. Contacting “My Documents” (MFC) or Rosreestr, obtaining an extract from the Unified State Register of Real Estate on state registration of ownership of a share of the plot.

Documentation

Information from the documents will be included in the deed of gift for the land share. Find out from the notary what documents are needed and collect a list of them.

Standard list:

• copies + originals of passports;
• an extract from Rosreestr with cadastral data and/or a cadastral passport for the land plot;
• an extract from the Unified State Register of Real Estate or a certificate of ownership - indicates who owns the land and on what basis;
• consent of the second spouse - if the share relates to the jointly acquired property of the husband and wife;
• applications from applicants;
• ready-made donation agreements – for Rosreestr.

Please note that the documents for a notary and for the MFC or Rosreestr may differ, but in general the standard package is sufficient.

Deadlines

Lawyers are often asked how long it takes to donate a share of land to one of your relatives? Theoretically, the preparation of a deed of gift takes 1-2 days, it all depends on the notary’s work schedule and the wishes of the parties.

Making changes to the state register will require waiting from 7 to 14 days , not counting holidays and weekends. If you submit an application by mail, the wait for an extract from the Unified State Register will increase by 4-5 days - the period for sending attachments.

Cost, taxes, expenses

Drawing up a share donation agreement is a paid notary service. Even if you draw up the project yourself, the notary will charge a state fee for certifying the agreement.

Prices for notary services:

• legal and technical work – from 700 to 5,000 rubles;
• single state duty – 0.5% of the transaction amount, i.e. from the price of the donated share of the land plot (for example, if the cost of the share is 125,000 rubles, the notary will charge 625 rubles in state duty);
• The state duty for registering a transaction is 350 rubles per share of a land plot or 100 rubles for agricultural land (Article 333.33 of the Tax Code of the Russian Federation).

Both the donee and the donor can pay the expenses, but if children are involved in the transaction, the state duty is not paid.

The main advantage when giving a gift to a relative is the absence of a tax levy . If a transaction is not a close relative, he pays personal income tax in the amount of 13% of the value of the share. Relatives, which belong to the category of close people to the donor, are exempt from tax (clause 18.1 of Article 217 of the Tax Code of the Russian Federation). They have to prove their status by presenting a birth certificate, marriage certificate, adoption certificate, etc.

Example:

The businessman Kuravlev decided to donate the land to his relatives. Having decided on the candidates, the donor began to prepare documents and draw up deeds of gift. In total, it was decided to formalize the donation for 3 relatives: brother, aunt and spouse. Kuravlev owned ½ part of the land plot, of which he wanted to give ¾ part to his relatives, and keep ⅛ share for himself.

The parties agreed on a deal, visited a notary and began to calculate the amount of tax. According to the provisions of Art. 217 of the Tax Code of the Russian Federation, Kuravlev’s wife and brother do not pay income tax. The native aunt is a relative of the donor, but not close, but distant. Consequently, she is not exempt from personal income tax - the aunt must pay 13% of the ⅛ share she received under a gift agreement from her nephew (Kuravlev).

Preparation and procedure for drawing up an offer

As already stated earlier, the founder must first send an offer to alienate the share to the other founders. The offer is essentially an offer to purchase part of the authorized capital; it contains the main provisions of the sales agreement, which may include the subject of the transaction itself, its price, as well as other conditions.

The addressees are the other founders of the company, or the founder, if he is the only one, or the company itself.

The offer form is not established by law, but, in accordance with it, must contain the following data:

1. Information about the seller, which includes his full name, passport details, INN and OGRN (if the seller is a legal entity) and so on.

2. Information about the organization, about the share of property for alienation, including its nominal value and size.

3. Information about the possible buyer. This column must be filled in similarly to the column with information about the seller.

4. Subject and conditions of the proposed transaction.

5. The procedure in which the value of the alienated share is calculated.

6. The period during which the transaction must be accepted. Often this period is one month, unless otherwise provided by the organization’s charter.

7. Date and signature of the seller.

Is it possible to challenge such a deed of gift and how to do it?

If the deed of gift contains one of the illegal conditions, it can be challenged.

You can also cancel it if:

1. The donee committed a crime against the donor. If the latter died, his heirs can take care of this.
2. A deed of gift contains a promise to donate a share in the future. By this time, the donor’s financial condition had deteriorated greatly. For example, he lost his job, became seriously ill, became disabled, etc.

To do this, you will have to go to court at the location of the land. A statement of claim must be filed. It should indicate in detail why the deed of gift should be declared invalid and attach evidence. The defendant will be the donee.

Cancellation of deed of gift for a share of land

Cancellation of a DD is possible after the death of the donee, if the condition is specified in the document.

Be sure to read it! Testamentary refusal: what is it, legal norms

There are other grounds for annulment of a transaction in court:

• the donor signed the agreement under the influence of blackmail, threats, psychological or physical violence;
• the former owner did not understand the consequences of the transaction, was incapacitated or had limited legal capacity at the time of signing the DD;
• the donee made an attempt on the life and health of the donor and his relatives.

The heirs of the donor who died due to the fault of the donee also have the right to demand cancellation. A court verdict that has entered into force will be required. This right is also granted to creditors of the former owner of the share if it was purchased within six months from the date the bankruptcy decision entered into legal force, and the donated land was purchased with money from business activities.

Important! According to Art. 35 of the RF IC, the spouse of the donor has the right to demand the cancellation of the DD if the share was donated without his consent certified by a notary. The statement of claim must be filed within 12 months from the moment the illegal transaction became known.

The concept of alienation of shares

Most often, two or more founders take part in the process of creating such an organization. Each of them makes a contribution to the authorized capital of the company, and therefore is its co-owner.

Alienation of an LLC share is a process when a certain part of the company is transferred by the owner to a relative, another founder, or simply another citizen.

Important! In order to officially carry out this transaction, it is necessary to take into account all the conditions and rules of its implementation.

The meaning of the deal

The process of alienation of an LLC share can be carried out by any founder of the company who decides to transfer this part of the company to another person.

The process itself is not considered complicated, but to complete it the following rules must be taken into account:

• the share of a certain founder of the company is allocated only after full payment;
• if only a certain part of the cost of the share is paid, then only this part is subject to alienation;
• alienation is allowed only if there are no restrictions for this in the charter documents of the LLC;
• if the charter states that this process is not allowed, then it is allowed to first make changes to the document, and then plan and carry out this transaction;
• all founders of the company have a preemptive right to buy out the share of another owner of the company, therefore, if the owner plans to sell part of the company to other persons, then he initially notifies the other founders of his intention, for which a written form of notification is necessarily used;
• all company participants can acquire a share on the terms proposed by the owner, and can also pay the real value of the share to the person involved in the alienation;
• after notifying the founders, you must wait a month, and if during this time the other owners of the company have not taken any action to buy it out, then part of the organization is allocated to a third party.

Important! Shared alienation of the company to existing partners is permitted only after the share is put up for sale.

Basic rules and legislative regulation of alienation

All rules regarding the alienation of LLC shares are prescribed in Art. 93 Civil Code.

Article 93 of the Civil Code of the Russian Federation, Transfer of a share in the authorized capital of an LLC to another person. Explanations in this video:

This takes into account the following information:

• it is allowed to alienate part of the company in relation to other founders of the organization or third parties;
• consent to the process carried out through public bidding must certainly be obtained from other co-owners of the LLC;
• clause 4 art. 93 of the Civil Code indicates that the procedure is possible for part of the share that has been paid;

Article 93. Transfer of a share in the authorized capital of a limited liability company to another person

4. The share of a participant in a limited liability company may be alienated before it is fully paid only in the part in which it has already been paid.

• clause 11 art. 21 of the Federal Law contains information that the transaction must be carried out after notarization of all documents, and otherwise there is a high probability that this process will be declared invalid;

Article 21. Transfer of a share or part of a share of a company participant in the authorized capital of the company to other company participants and third parties

11. A transaction aimed at alienating a share or part of a share in the authorized capital of a company is subject to notarization by drawing up one document signed by the parties. Failure to comply with the notarial form entails the invalidity of the transaction. Notarization of this transaction is not required in cases of transfer of a share or part of a share to the company, provided for in paragraph 18 of this article and paragraphs 4 - 6 of Article 23 of this Federal Law, and in cases of distribution of the share between the participants of the company and the sale of the share to all or some participants of the company or to third parties persons in accordance with Article 24 of this Federal Law. If a participant in a company who has entered into an agreement establishing an obligation to complete, upon the occurrence of certain circumstances or the other party fulfills a counter-obligation, a transaction aimed at alienating a share or part of a share in the authorized capital of the company, unlawfully evades notarization of the transaction aimed at alienating a share or part of a share in the authorized capital capital of the company, the acquirer of a share or part of a share, who has taken actions aimed at fulfilling the specified agreement, has the right to demand in court the transfer of a share or part of a share in the authorized capital of the company. In this case, the decision of the arbitration court on the transfer of a share or part of a share in the authorized capital of the company is the basis for state registration of the corresponding changes made to the unified state register of legal entities. A transaction aimed at alienating a share or part of a share in the authorized capital of a company, in pursuance of an option to conclude a contract, can be completed through a separate notarization of an irrevocable offer (including by notarization of an agreement on granting an option to conclude a contract), and subsequently notarization of acceptance . An irrevocable offer is considered accepted from the moment of notarization of acceptance. After the notarization of the acceptance, the notary is obliged, within two working days from the date of certification of the acceptance, to send the offeror a notice of the acceptance. In the event that an irrevocable offer is made under a suspensive or suspensive condition, the acceptor presents to the notary certifying the acceptance evidence confirming the non-occurrence or occurrence of the corresponding condition .

• the buyer of the share becomes a participant in the organization from the moment the transaction is certified by a notary and the information is entered into the Unified State Register of Legal Entities.

Thus, the alienation of an LLC share should be carried out only taking into account certain rules and regulations of the law, since otherwise there is a possibility that this procedure will not be carried out in a legal manner.

Deed of gift for a share of land and a share of a house

Most often, when making transactions based on the alienation of a land plot or its share, part of the house or the entire house is donated along with the land. These are buildings located on the territory of the deed of gift. In such cases, the contract must contain a detailed description of each property separately. When contacting Rosreestr, each type of property will be registered separately.

If the deed of gift includes two alienable objects of property: a building and a land plot, the following should be indicated:

1. Location: the address where the donated items are located.
2. The square footage of the structure and the dimensions of the plot.
3. The material from which a house and other structures are built.
4. The height of buildings located on alienated land.
5. Indication of the sizes of areas considered as residential and non-residential (separately).

According to the law, the donor and donee have the right to introduce clauses into the contract at their discretion. The main thing is that everything that is written in it does not contradict the articles of Russian law.

Does it make a difference what to give - a plot with or without a house?

During the transaction, the difference is whether the plot will be with buildings or without

there are none. However, at the stage of preparing documents, it will be much easier to prepare for transfer a site on which there are no buildings, since you will not have to prepare additional documents regarding each of them. In addition, buildings may be subject to encumbrances in the form of a ban on demolition or mandatory reconstruction.

If there are buildings on the site, in addition to preparing technical documents for them, you will also have to obtain the consent of the spouse (if any) to donate each piece of real estate separately. In addition, when paying tax on a gift, you will have to pay not only for the land , but also for buildings (based on the cadastral value of each of them).

Another difference in donating a plot with and without buildings is that when the deed of gift is certified by a notary, the calculation of the latter’s services will be based on the cost of the plot. If there are buildings on it, this amount will be higher, and accordingly, the cost of the notary’s work will increase.

Features of drawing up an agreement

To sell part of the company, a special agreement must be drawn up, which is additionally notarized. The agreement for the alienation of a share (part of a share) in the authorized capital of a limited liability company can be downloaded below for free.

Agreement for the alienation of a share (part of a share) in the authorized capital of a limited liability company.

Important! The participation of a notary in the alienation of a share reduces the risk that part of the company is taken over illegally.

To draw up an agreement, a special document form is used, where information about the subject of the agreement, its parameters and the buyer is entered.

Donating a share of land to a relative

The law allows the transfer of real estate as a gift to any citizens, both related to the donor and completely strangers to him. Practice shows that in the vast majority of cases, real estate is alienated in gratuitous transactions in favor of those whom they love and trust.

The procedure for giving gifts to relatives and strangers is practically no different. The only difference is the need to indicate the degree of relationship of the parties in the gift.

Important: if property is alienated in favor of a close relative, the latter is exempt by law from the need to pay personal income tax.

The legislation grants the status of a close relative to:

• full-, half- and adopted children;
• husbands and wives;
• parents;
• adoptive parents;
• grandparents;
• grandchildren;
• sisters and brothers, full and half.

A degree of relationship not included in the list means that the recipient is obliged to pay 13% of the income received as a result of the gift to the country’s treasury.

If the deed of gift is issued for a minor child

The alienation of real estate in favor of a citizen who has not reached the age of majority also has its own characteristics. By law, minors cannot put their signature on deeds of gift and other documents. They retain the right to act as recipients, however, legal representatives must sign and perform other actions to receive the gift. These could be parents, guardians, adoptive parents or guardianship officials.

The child's representative signs the deed of gift. His data, as well as the data of the donee, are entered into this document. If the minor is not a close relative of the donor, the representative is responsible for paying personal income tax and filing a return with the tax office.

Exchange of shares in LLC

Info

More precisely, they are not happy, of course, but what else can they do? At the end of last year, a law was passed that increased the powers of notaries. Among other things, he obliged to sell real estate shares through a notary.

But only sell. If the owner decided to give his meter to someone, he could simply write a deed of gift on a piece of paper and go to Rosreestr. So there was still a loophole for scammers. According to experts, the crooks could have used different schemes. For example, donating to a stranger not the share itself, but even a micro-share of an existing share in real estate. That is, cut off a little from what has already been cut off. The new owner ceased to be an outsider in the apartment, and then the entire share could be transferred to him, bypassing the notary. Now these and other loopholes for scammers will become a thing of the past.

Who can you donate a share to?

The recipient can be any individual or legal entity. However, popular recipients of a share of land as a gift are relatives or charitable organizations.

Civil law applies to close relatives:

• spouses (during official marriage);
• parents (officially established);
• adoptive parents;
• children (officially established);
• adopted children;
• brothers and sisters (half- and half-brothers);
• grandparents;
• grandchildren.

Among legal entities, popular recipients of a part of a land plot as a gift are:

• animal shelters;
• charitable foundations.

Is it necessary to have a deed of donation of a share of a land plot certified by a notary?

In 2020, citizens preparing a deed of gift may not need to contact a notary. There is no need for notarization of the document. The main thing is that it contains all the signatures and points provided for by regulations.

Since the alienation of a land plot is a rather specific transaction, it is recommended to involve a notary in the process and pay all required fees. This will help avoid problems in the future.

In legal practice, there are often situations when the donor changes his mind about giving his property into the wrong hands and destroys his copy of the deed of gift, declaring the donee’s copy to be a fake. When contacting a notary, you always leave a third copy in the notary’s office, which will serve as proof that the transaction actually took place.

Another advantage of contacting a notary office is that the specialist will definitely check:

• whether both parties to the procedure are competent;
• whether it is carried out out of good will;
• whether pressure was exerted on the donor;
• correctness of the donation agreement.

At a notary office you can order the service of drawing up a deed of gift and express your wishes to the specialist. He will formulate them in legal language. The parties to the transaction will only have to sign the document.

The only drawback of using a notary is that the services of a lawyer of this specialization are quite expensive.

Arbitrage practice

Challenging a deed of gift for real estate is problematic: irrefutable evidence is needed that will convince the court that there are grounds to invalidate the transaction and return the donated property to the donor.

In most cases, the demands remain unsatisfied, but there are also examples of solutions where people managed to get the contract canceled:

• Decision No. 2-1209/2017 2-1209/2017~M-1163/2017 M-1163/2017 dated June 20, 2020 in case No. 2-1209/2017;
• Decision No. 2-1168/2017 2-1168/2017~M-818/2017 M-818/2017 dated May 29, 2020 in case No. 2-1168/2017;
• Decision No. 2-3103/2016 dated September 30, 2020 in case No. 2-3103/2016.

If you want to challenge the DD in court, you need to collect maximum evidence confirming the existence of grounds. But this does not guarantee a positive result - each situation is considered by the courts individually.

Question answer

Can I draw up an agreement to donate a share of a land plot to a distant relative without the consent of the owners of other shares.

Yes, you have this right. When donating, you do not need to comply with the requirements of Art. 250 Civil Code of the Russian Federation.

How can I donate a house to my mother if the land on which it is located is municipal? Do I have to purchase it as my property to register a deed of gift for the house?

You do not need to purchase land to donate a home. In this case, a transaction is made in relation to the house, and the right to use the land plot that you had passes to the new owner of the house.

Voluntary and forced alienation: differences and features

Despite the desire of citizens to acquire real estate that can be owned individually, the percentage of apartments in shared ownership has been and remains high. According to some data, up to 80% of housing has two or more owners. At the same time, real estate market experts note that it is transactions with shares that are fraught with the greatest difficulties.

Both its full owner and the co-shareholder can transfer a share of an apartment. The owner of the entire property has the right to dispose of it without the consent of the other residents. Different rules apply to co-sharers.

Failure to comply with the notarial form entails the invalidity of the transaction. Thus, the agreement for the exchange of shares in the authorized capital (its part) must be notarized. The exchange agreement must necessarily contain a condition that the parties recognize the equivalent value of the exchanged share and property) - see.