How to draw up a deed of gift for an apartment between close relatives: the nuances of drawing up and concluding a gift agreement, including without a notary, as well as what needs to be done to donate housing by deed

What needs to be done before executing a gift deed?

If the donor has already decided exactly what he will donate his apartment and has decided who he will give it to, then he needs to do the following:

prepare originals of all documents (which documents are needed will be discussed in detail in this article).
Make copies of all these documents; there should be as many copies as there are parties to the transaction.
It’s good to familiarize yourself with all the documents for registering a deed of gift for an apartment (this can be done here).
Decide what clauses will be included in the contract (for example, a clause stating that in the event of the death of the donee, the apartment is transferred back to the donor).

Next comes filling out the contract, at this point you need to be especially careful. After all, if the registration authorities find even one error (even spelling or punctuation), the contract will not be accepted.

Attention! To prepare this document, it is better to seek the help of lawyers.

Execution of a gift agreement at the location of the property

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Registration of deed of gift

Evdokia (Balashikha) 01/11/2017 Category: I live in the Moscow region. My mother, a very elderly person, came to live with me from another region. I arranged everything as expected: she has temporary registration here.

But she is still registered in another city, where she lived all her life. Now she wants to make a deed of gift to me for her apartment. How do we do this? Should we go to her city? Registration, Donation To register the transfer of ownership of an apartment in connection with its donation, you must contact Rosreestr or the MFC.

Advantages and disadvantages of deed of gift

Any transactions between close relatives are considered the safest and most economical. A direct gift agreement has its advantages.

No need to pay tax. However, you will have to prepare a certain amount for the state fee and the cost of a lawyer, but if you draw up the contract yourself, you can save on this.
There is no complicated execution of the contract, which does not even need to be certified by a notary. You just need to order it and bring it to Rosreestr./strong>
The list of documents for registration is minimal.
It is possible to transfer property without an alienation transaction.
Fast processing times, the entire procedure will take no more than a month.
Even a non-registered, but simply signed donation agreement has legal force.
The agreement can be drawn up in ordinary written form.
The donated apartment cannot be written off for taxes and loan debts.
One parent has the right to donate an apartment to their child without the consent of the other.
If you include a special clause in the contract, the donor can live in the donated apartment as long as he wants.

Just like the advantages, the contract has its disadvantages; they are not as significant as the advantages, but they are still worth paying attention to.

After the recipient's divorce, the property cannot be divided in half.
The donor must be an adult and fully capable.
Property cannot be re-registered after the death of the donor.
Government employees, as well as employees of medical and educational institutions cannot accept the gift.
The donor has no right to demand from the donee any special attitude towards the property (except in cases where the donee poses a threat to the moral values of the donor).
Unlike a sale and purchase, a deed of gift is contested in court. So the donor, or his relatives, can revoke their gift at any time.
The donor cannot set his own conditions in the deed of gift, as can be done in the case of an inheritance.

As it became clear, this agreement has its advantages and disadvantages. Everyone has the right to decide for themselves whether they should draw up a gift deed for relatives.

How to draw up a deed of gift for an apartment, watch the video:

Terms of this agreement

The terms of the agreement included in the deed of gift are divided into three parts, in accordance with Article 572 of the Civil Code.

Essential conditions.
These conditions, according to Article 432 of the Civil Code, must be met without fail. Essential conditions are necessary for this type of agreement, so if they are missing, the deed of gift will not be registered.
Additional terms and conditions.
Fulfillment of these conditions is also mandatory, as they are listed in regulations. Even if they are not included in the gift document, they still take effect. These conditions include:
- the date of entry into force of the agreement. If the current agreement is not indicated in the document, the agreement will come into force immediately after it is signed by both parties. Any period can be set at the discretion of the donor.
All obligations pass to the donor's heirs. For example, if the donor died, but promised to donate an apartment within a certain period of time, then his heirs must fulfill this.
Random conditions.
These terms may not be included in this document as they are not binding. They are included in the deed of gift only by agreement of all parties to the transaction.
For example, a father wants to give his son an apartment, but in order to motivate him to complete his studies, he can add conditions to the contract that the apartment will become his property only after he receives his diploma. Random conditions can be any, at the discretion of the donor.

Instructions for donating an apartment to a relative

In order to draw up a gift deed in the proper manner and have the registration authorities accept it immediately, you must strictly follow the instructions.

Documents that need to be prepared to formalize the deed of gift:

passports of both representatives;
contract (there must be two original documents);
a document that confirms that the donor is the owner;
a certificate stating how many people live in the apartment;
if the registration will be handled by a trustee on the part of the donor, then a power of attorney certified by a notary will be required;
documented consent of all apartment owners;
a certificate indicating all the characteristics of the apartment (address, house number, how many cubic meters, number of floors, technical condition);
home Book;
a document confirming the transfer of ownership;
receipt of payment of state duty;
a certificate confirming that the apartment has no debts;
a document confirming the donor's marital status.

Attention! In each region and city, the list of documents for registration may be slightly different. Therefore, before collecting papers, it would be advisable to visit the city cadastral chamber to clarify what package of documents will be needed.

This is the entire package of documents that will be needed for registration. When submitting an application to the registration authorities, you will need the following documents:

identification documents;
documents that confirm that the donee and the donor are relatives;
information from the brownie;
check for payment of state duty;
the spouse’s consent to the alienation (if the apartment is not given to their child);
power of attorney for the person representing the interests of the donor (if required).

If all these documents are in hand, then the registering authorities will definitely accept the gift agreement.

How to draw up a contract

After receiving the contract forms, you need to fill them out correctly so that the registration authorities immediately accept them; for this, it is better to ask a notary for help. The contract must contain the following points:

Registration of the agreement

The donor has the right to decide for himself where the transaction will be registered; this could be the registration or cadastral chamber, as well as the MFC. After choosing a place of registration, you can go to specialists. All rights will be justified by Article 574 of the Civil Code.

Registration procedure:

The specialist will issue forms to both parties.
Both fill out forms in the presence of specialists.
Employees check all documents submitted to them.
The specialist issues a certificate indicating when to come for the documents. The review period is at least one week.
Payment of the state duty (the question of who will pay the state duty is decided at the discretion of the parties).
Participants in the transaction arrive on the date specified in the certificate. The recipient receives documents confirming that he is the owner of the apartment.

Attention! The entire procedure may differ from the points presented above, it all depends on the specific registration office.

Expenses for registration of deed of gift

As with any transaction, you will have to pay a certain amount of money for the deed of gift.

State duty.
Today, the state duty for the transfer of rights to property is 2,000 rubles, and for legal entities 22,000 rubles.
Only government bodies and citizens recognized as low-income do not pay taxes.
Notarial services.
The cost of filling out an agreement by a notary is 2000 rubles. The fee for notarial acts depends on the degree of relationship between the parties, as well as on the cost of the apartment. If the parties are closely related, then the cost of services is 3,000 rubles + 0.2 of the cost of the apartment.
Trustee services.
If the donor or recipient for some reason cannot independently carry out the transaction procedure, then this can be entrusted to any legally capable person. It's better if it's a lawyer. The cost of a lawyer’s services depends on his experience, the region where the transaction is taking place, and the amount of work. On average, such services cost from 2,000 to 7,000 rubles.
Taxes.

Taxes are discussed in detail in the next section.

Read more about the cost and processing time in this article.

Taxes

The Tax Code of the Russian Federation states that donations of property between close relatives do not require payment of taxes.

Close relatives are considered:

spouses;
brothers, sisters;
children;
parents.

If the parties to the transaction are not close relatives of each other, then a tax is collected in the amount of 13% of the cost of the apartment.

You will learn about gift tax to a close relative from the video:.

Deadlines

Registration of a document confirming the transfer of property must take place in the personal presence of the donor and his authorized representatives.

After the documents are signed. After submitting the documents, the registration authorities will issue a document indicating when you will need to appear.

On average this period is 20 days. A notification that the transaction has been registered will be sent to your mobile phone in the form of a short message. If a mobile phone number was not specified, a notification will be sent by email.

Important! If it turns out that the donor was dead at the time of the transaction, it will be considered invalid!

Reasons for refusal to issue a deed of gift

There are cases when cadastral chambers refuse to register a donation transaction. Below are such cases and what to do in such situations.

The donation transaction cannot be registered if the apartment is not on the cadastral register.
Solution: put the apartment on the cadastre and register ownership rights in the proper format.
A court seizure has been placed on the apartment. In this situation, it will not be possible to give the apartment as a gift, nor sell it, nor exchange it.
Solution: eliminate the reason for the seizure, to do this you should contact the bailiffs.
The apartment was purchased with a mortgage and the bank does not agree to donate it.
Solution: Obtain written permission from the bank that the apartment can be donated.
The donor is incapacitated.
Solution: Unfortunately, in this case the apartment cannot be transferred, even if the owner has a guardian and permission from the guardianship authorities.
The owner of the property is less than fourteen years old.
Solution: Unfortunately, it will not be possible to donate an apartment either. The apartment can be transferred to another person only through mutually beneficial transactions.
The donor does not have documents confirming that he is the owner of the apartment.
Solution: the donor must have rights to the property, otherwise donating the apartment will not work.

Attention! If the apartment is in the will, it can be donated. But if the donor dies, the heirs can challenge the gift in court.

Also, the donor can revoke his gift himself, but for this he needs the written consent of the recipient. If he does not want to give the gift back, then the only option is to go to court, but this requires compelling reasons.

Reasons why the court will allow the revocation of an apartment donated:

the donee made an attempt on the life of the donor.
The donee threatened the donor.
Insult of the donor by the recipient.
Property that has moral value to the donor is not treated properly.
The donor signed the deal under pressure.
One of the parties was incapacitated at the time of the transaction.

Registration of deed of gift

And if the transaction is concluded with a person who is not closely related to the donor, then the recipient will have to pay 13% tax by transferring to the budget. Deadlines According to current legislation, no more than 30 days are allotted for processing documents. It is after this period of time that the person accepting the gift of real estate will receive a certificate of title to the donated property. Is it possible to draw up an agreement without the participation of a notary? Yes, of course, you can draw up this kind of agreement without the help of a notary. The law does not require such transactions to be notarized. But if there are concerns that in the future a situation may arise with a challenge to the gift transaction, then the best option would be to notarize these documents. But certification of the transaction by a notary will entail additional costs.

Re-registration of an apartment using a gift agreement

Sometimes there is a need to re-register an apartment in the name of relatives; there are many ways to do this.

The most convenient ways are purchase and sale and donation.

How to re-register an apartment under a gift agreement:

Drawing up and filling out a gift agreement. You can do this yourself or ask a lawyer for help.
Payment of state duty.
Submission of documents to the MFS.
Delivery of documents.

One of the advantages of this re-registration method is that in cases of transfer of a share of an apartment, the consent of other owners is not required.

How can you dispose of the apartment and what can you do with it if there is a deed of gift?

According to the Civil Code of the Russian Federation, Art. 572: donation – gratuitous transfer of property by one person into the ownership of another.

According to Article 209 of the Civil Code, the new owner of the apartment, who received the property under a gift agreement, can dispose of it at his own discretion:

live in an apartment - alone or with other family members;
rent out housing;
sell property or exchange it for another living space;
give to other family members or loved ones;
leave as a legacy.

IMPORTANT! In order for the gift of property to be legal, it is necessary to register this transaction with Rosreestr. As a result of registering the transaction, the new owner of the property receives a certificate of ownership.