What is it and why is it needed?
To begin with, it is worth noting that the acceptance certificate is an auxiliary document confirming the legality of the transaction . It is issued in a fairly short time.
Is a transfer and acceptance certificate required for an apartment donation agreement? Drawing up an acceptance certificate is not a mandatory point when concluding a transaction (according to Chapter 32 of the Criminal Code of the Russian Federation), however, this form will help prove that both parties were aware of all the conditions of the process and agree with the process of acceptance and transfer of property.
In the case of drawing up this paper, with his signature the recipient confirms his awareness of the additional points of the transaction and the condition of the premises , therefore, if disagreements arise, it will be almost impossible to prove the illegality of the transaction (only in the case of proof of the insanity of one of the parties or recognition of the existence of pressure at the time of signing the act) .
It is worth considering that not every transaction can be considered a gift . It implies a completely free transfer of property into the ownership of another citizen. If, when transferring an apartment, the donee enters into a counter transaction (gives his property in exchange for the apartment), then this act of acceptance and transfer of the apartment to the donation agreement cannot be considered a gift (Article 170 of the Criminal Code of the Russian Federation).
The act of acceptance and transfer of an apartment under a gift agreement: form
The act form is here.
Appendix No. ___ to the Apartment Donation Agreement
from "___"________ ____ city N ___
Apartment acceptance certificate
g. __________ “___”________ ____ g.
Citizen(s) of the Russian Federation _______________, _____ year of birth, passport series _____ N __________, issued _________________________, date of issue: “__”___________ ____, department code __________, registered at the address: _________________________, hereinafter referred to as "Donor" ", handed over, and the citizen (s) of the Russian Federation ____________________, _____ year of birth, passport series _____ N __________, issued _________________________, date of issue: "__"___________ ____, department code ____________________________, registered at the address: _________________________, referred to as ___ hereinafter as the “Done”, took ownership of a ___-room apartment (hereinafter referred to as the Apartment) as a gift.
- The total area of the Apartment is _____ (__________) square meters. m, including living area - _________ (__________) sq. m. The apartment consists of ___ rooms, located on the ___ floor of the _______________ building at the address: ____________________________________________________________.
- Along with the Apartment, the Donor also provides the following documentation: __________________.
- This Act is drawn up in 2 (two) copies, one each for the Donor and the Donee.
- This Act is an integral part of the Apartment Donation Agreement.
SIGNATURES OF THE PARTIES:
Donor: _______________/_______________ (signature)
Donee: ________________/____________________ (signature)
How to draw up an act of acceptance and transfer of an apartment when donating?
There is a special form that needs to be filled out. This process will not take too long and will not cause difficulties. At the same time, it is best to consult with a lawyer in advance who can help you fill out the paperwork so that you cannot find fault with them in the future.
The deed of transfer for the apartment donation agreement consists of several points that must be filled out ; forms can be obtained from special institutions or printed out by taking samples on the Internet (there are many different sites where you can download the required form):
- First, you need to write down the date of conclusion of the act (in capital letters, this is done for security purposes).
- The place where the act of donating the apartment was concluded is written .
- Next, you need to fill in the empty columns , which include: - Information about the personalities of the parties entering into the agreement. Including full name, date of birth, as well as information from identification documents.
- — Information about the identity document (where, by whom and when issued).
- — Address of residence and actual residence of the donor and recipient.
- — Address of the apartment that becomes the property of the recipient.
- — General information about the area of the transferred premises.
- — The name of the body within whose walls this act was concluded and signed.
- — Signatures of both parties.
After which the conclusion of the transaction is recognized and each party receives an apartment donation agreement and an acceptance certificate.
If a donation of an apartment is formalized, the transfer deed is concluded in three copies, one of which is kept in the body that concluded the transaction. The rest become the full possession of the parties (one copy goes to the donor, the other to the recipient).
The act of acceptance and transfer of an apartment upon donation is a sample.
The act of acceptance and transfer of an apartment upon donation: sample
A sample act is here.
Appendix No. 1 to the Apartment Donation Agreement
dated January 06, 2020 N 2
Apartment acceptance certificate
Podolsk January 06, 2020
Citizen(s) of the Russian Federation Ilya Petrovich Yakushev, born in 1958, passport series 01 07 N 010203, issued by the NEVSKY DISTRICT OFFICE OF THE OFFMS OF RUSSIA IN THE CITY OF MOSCOW on July 10, 2008, department code 141-001, registered at the address: Podolsk, Pervomaiskaya street, building “5 sq. 10, hereinafter referred to as the “Donor”, handed over, and citizen(s) of the Russian Federation Daria Petrovna Akulina, born in 1961, passport series 02 08 No. 01020304, issued by the NEVSKY DISTRICT OFFICE OF THE OUFMS OF RUSSIA IN THE CITY OF MOSCOW on July 20, 2008, division code 141 -001, registered at the address: Podolsk city, Stroiteley street, building 54, apt. 35, hereinafter referred to as the “Done”, took ownership of a 2-room apartment (hereinafter referred to as the Apartment) as a gift.
Donation agreement for a garden plot with a house.
Read about the house share donation agreement here.
How to draw up an agreement to terminate a real estate donation agreement, read the link:
- The total area of the Apartment is 45.0 (forty-five) square meters. m, including living area - 20.0 (twenty) square meters. m. The apartment consists of 2 rooms, located on the 3rd floor of a 9-story building at the address: Podolsk, st. Pervomaiskaya, house No. 5, apartment No. 10.
- Along with the Apartment, the Donor also transfers the following documentation: not transferred.
- This Act is drawn up in 2 (two) copies, one each for the Donor and the Donee.
- This Act is an integral part of the Apartment Donation Agreement.
SIGNATURES OF THE PARTIES:
Donor: _______________/Yakushev I.P./
Recipient: ________________/Akulina D.P./
What information should be contained in the act?
This document contains many important clauses that contain basic information about the parties signing the contract . Such information includes:
- passport data, including information about where the document was issued;
- place of residence and registration of the apartment owner;
- real estate area;
- description of the condition of the apartment (taking into account all significant defects and indicating the date of the last major renovation).
Do I need an act of acceptance of the transfer of an apartment when donating?
Many people wonder whether it is necessary to prepare documents confirming the transfer of property
as a donation or can such a bureaucratic moment be missed?
When making transactions of this kind, the signing of such an act is considered an optional condition in accordance with civil law. But it is presented on a mandatory basis only if it is necessary to draw up a standard type purchase and sale agreement.
But at the same time, in the Civil Code
Russia is prescribed information that it is not prohibited to draw up an act of acceptance of the transfer of property when drawing up a gift agreement. If we consider legal practice, then such an act can be considered desirable, since this confirms the fact that the contract and all its requirements were fulfilled in accordance with the norms.
Who should draw up an act of acceptance and transfer of an apartment under a gift agreement?
It is worth considering that it is impossible to draw up such a deed yourself, otherwise it will be considered invalid. Such a document must be drawn up and signed in the presence of a notary . It is very important that all points are completed correctly; a professional lawyer will help with this.
If the transaction was executed by a notary who was deprived of a license or did not have the right to carry out this activity during the period of signing the papers, then the act will be considered illegal. In this case, you need to contact professionals and draw it up again. At the time the transaction is declared illegal, the donor is considered the owner of the property.
If such an incident occurs and the donor refuses to renew the contract, he may be suspected of fraud. In this case, it is recommended to go to court.
The moment of transfer of an apartment under a gift agreement
After signing the act and completing the actions prescribed in it, the transaction is considered completed. However, it is worth understanding that the transfer of ownership and the acceptance of a property as a gift are not the same thing.
In order to become the owner of an apartment, the gift transaction must be registered with Rosreestr. Without this, you cannot dispose of real estate.
In accordance with Part 2 of Art. 223 of the Civil Code of the Russian Federation, real estate is recognized as belonging by right of ownership to the donee only from the moment of state registration of the right to it.
In addition, the donation agreement and the transfer and acceptance certificate may indicate that the apartment is transferred to the donee from the moment of state registration. Then these two points will coincide.
Also the law in Art. 572 of the Civil Code of the Russian Federation provides for the possibility of promising to make a gift in the future. This in itself delays the transfer of the apartment at the time of the transaction, and, accordingly, the signing of the transfer and acceptance certificate.
Between Sedakov P.I. and Korobov A.P. An apartment donation agreement was concluded and a transfer and acceptance certificate was signed. However, ownership has not yet been properly registered. At the same time, in the paragraph about the shortcomings of the apartment, it was noted that there was a lot of wear and tear on the pipes and plumbing.
There was a sewer pipe break. As a result, the neighbors were flooded. Neighbors demanded compensation for damage caused by the flooding.
The recipient refused to compensate for the damage, citing the fact that the ownership of this apartment had not yet been registered with the Rosreestr Office. The parties went to court.
The court ruled in favor of the donor, that is, the donee must compensate for the damage. The court proceeded from the fact that in fact the right to use the apartment was transferred to the donee.
In addition, the act indicated the shortcomings of the property, which were the cause of the flooding. The recipient was aware of the shortcomings, he did not mind accepting the apartment in this condition and had no complaints.
How to give an apartment as a gift to a relative
Giving an apartment as a gift to a relative is no different from giving it to a stranger.
Moreover, the need to sign the act depends on how close the relatives are and on the trusting relationship between them.
This is due to the fact that the donee can already use the real estate.
It is still advisable to sign the deed in case of transfer of part of the apartment (share). This is due to the fact that donating property that is jointly owned is possible only with the consent of all co-owners .
To avoid legal disputes between owners in the future regarding the gift, the deed should describe in detail the subject of the gift , which is accepted by the donee.
Price
It is necessary to understand that the price of this issue depends on the price list of the office in which the registration took place. Most of the money must be spent on the services of a lawyer and notary. Otherwise, when submitting all documents for donation, including this act, a state fee equal to one thousand rubles is paid .
When transferring an apartment, it is necessary to take into account the presence of things that are part of it. It is necessary to understand that an important point when drawing up the transfer and acceptance certificate is a description of all the property that the old owner is ready to give away. Otherwise, various problems may arise in case of controversial issues.
What is the act of acceptance and transfer of an apartment as a gift?
A deed to a gift agreement is an additional document with which you can confirm the fact of delivery and receipt of this or that property. The presence of such an act allows you to avoid controversial issues and prove the legality of the gift agreement.
This happens often in practice. There will always be a dissatisfied sister who will consider it unfair that her father gave such a generous gift to her younger brother, and not to her, and will try to find a loophole to challenge her father’s decision.
Most often, the following claims are stated in a lawsuit:
- The citizen was not aware of his actions.
- The citizen signed the agreement under pressure.
- The citizen was misled when he entered into an agreement.
Note! It is drawn up only in writing and does not require certification. Reassurance from the Roregister or MFC is sufficient. The act is drawn up according to the number of people involved in the process of drawing up the agreement.
Is an act of acceptance and transfer of an apartment required under a gift agreement?
This document is optional, but significantly increases the legality of the deed of gift. If it is stated in the deed of gift that both parties have no controversial issues, and the deed confirms the fact of transfer of property, then the donation process will be considered completed. The last step will be registering property through the Roregister or MFC.
How to correctly describe the property being transferred?
It is not necessary to make a description of all the property transferred for use, however, this is what will help avoid conflicts in the future. When describing items, the former owner can assign full ownership of the property to the new owner, and take items not specified in writing with him.
Application form with a description of the property.
It is very important to indicate in the act such items as:
- Various household electrical appliances (refrigerator, microwave, TV).
- Antiques (which may include family heirlooms, paintings, figurines, etc.).
- Meters (water meters, water and gas meters. It is very important to indicate the number of devices throughout the apartment).
- Other property that has some value, such as furniture.
After signing an agreement specifying these points, the old owner has no right to claim the transferred property.
What should you check before signing a contract?
It is necessary to check the condition of the apartment in advance , because after the gifted person signs the contract, it will be almost impossible to challenge the fact of ignorance of what he had to face.
The most important thing is a preliminary check of the condition of the property, including the reliability of its location.
What should you pay attention to first?
- Availability of renovations that satisfy the taste of the new owner.
- The condition of the pipes, the availability of hot and cold water, electricity and gas in the apartment (if the house is connected to the gas network).
- Condition of sockets, lighting fixtures, windows.
- Technical condition of the apartment (a house in disrepair, which may soon be demolished, can be transferred).
All defects of the apartment can be specified both in the drawn up act and in a special annex to it.
In order for the apartment donation transaction to be successful and not bring unpleasant surprises to both parties, you should read our other articles on this topic:
- Features of the procedure between relatives and between spouses.
- How to draw up a deed of gift and what are the features for mortgage housing?
- Essential and additional terms of the gift agreement.
- Transaction tax.
- What is better - a deed of gift or a will?
When drawing up the transfer and acceptance certificate, you must be extremely careful; the slightest mistake can put you in a difficult situation, from which it will be extremely difficult to get out. The best solution would be to contact a professional lawyer who will competently draw up a contract and point out all the errors and details that need to be noticed.
Act of acceptance and transfer of a share of a house under a gift agreement (form, sample - 2020)
Village ______________ ___________________ district of the Moscow region
____________________ May two thousand _____________________
We, gr. Russian Federation ________________, "___" _____________ 19__ year of birth, gender male, place of birth with ____________ _____________________ district _______________ region, passport of a citizen of the Russian Federation ___ ___ _________, issued by the Internal Affairs Directorate of the city ____________ _________________ region "___" ____________ 20__, subdivision code ____-____, registered at the address: Moscow region, _____________ district, village ___________, house ____ (____________), hereinafter referred to as the “Donor”, on the one hand, and: gr. Russian Federation ___________________________________________, "___" _____________ year of birth, gender female, place of birth city __________ __________________ region, passport of a citizen of the Russian Federation ___ ___ __________, issued by the Department of the Federal Migration Service of Russia for the _____________ region in the city ____________ "___" __________ 20__, subdivision code ____- ____, registered at the address: Moscow region, _______________ district, village ___________, house ___ (__________________),
gr. RF ________________, "___" __________ 20__ year of birth, gender male, place of birth city ____________, _______________ region, birth certificate ___-___ No. _____________, issued by the Civil Registry Office of the city district ____________ of the Civil Registry Office of the _____________ region "___" _________ 20___, registered under address: Moscow region, _____________ district, village ___________, building ____ (______________), represented by the legal representative: gr. Russian Federation _______________, “___” ___________19__ year of birth, gender female, place of birth city ___________ _____________ region, passport of a citizen of the Russian Federation ___ ___ __________, issued by the Department of the Federal Migration Service of Russia for the _____________ region in the city __________ and ______________ district “___” ____________ 20__, department code ____-_____, registered at the address: Moscow region, ______________ district, village ____________, building ____ (________), collectively hereinafter referred to as the “Donees”, on the other hand, being of sound mind, clear memory, acting voluntarily, have drawn up this act, hereinafter - “the act of acceptance and transfer of the house”, about the following:
1. The Donor, in accordance with the house donation agreement dated “__” _____ 201_, donated to the Donees: 1/2 (one second) share in the right of common shared ownership of a residential building, purpose: residential, _ - storey, total area __, _ sq.m., inventory No. ___:____-______, lit. __-___-___, object address: Moscow region, _____________ district, village ____________, building ___ (_______________), conditional No. __:__:__:______:___, hereinafter referred to as the “Object”.
2. The Donor donated the Object to the Donees free of charge in the following shares:
- to his wife _____________________________________ 1/3 (one third) share of the Object,
- to his minor son __________________ 2/3 (two thirds) of the share of the Object, and the Donees accepted this real estate as a gift in the form in which it is on the day of signing this act of acceptance and transfer of the house.
3. By this act of acceptance and transfer of the house, each of the parties to the house donation agreement confirms that the parties have no claims against each other regarding the substance of the house donation agreement.
4. This act of acceptance and transfer of the house is drawn up in four copies having equal legal force, one of which is kept in the files of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region, one copy is issued to each party to the house donation agreement.
SIGNATURES OF THE PARTIES:
________________________________________________________________
Donor
_________________________________________________________________
donee
_________________________________________________________________
The donee, represented by a legal representative
These documents may be useful to you:
The act of transfer and acceptance of goods.
