Agreement on donation of a share of an apartment between close relatives

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Relationships between close people usually do not lie on the legal plane. However, some “formalities” still have to be registered in accordance with current legislation. Such cases include gifting a close relative with a share in a residential area. How to correctly draw up the main document of this process - the deed of gift? Do I need to register it with a notary and how much money will I have to spend on this? We will answer these and some other questions in our article.

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Is it possible to cancel or refuse a deed of gift?

Refusal of a deed of gift is possible in the absence of a signature of the relevant document. If the paper already has legal force, then it is necessary to file a claim in court indicating a request to recognize the concluded transaction as invalid.

Such a claim can be filed by all interested parties who believe that the procedure was carried out illegally and can be challenged in court.

The main reasons for canceling a gift deed

Possible reasons for terminating the concluded contract:

• non-compliance of the contract with established legal norms;
• failure to respect the interests of other stakeholders;
• the apartment is under encumbrance or pledged;
• signing a gift agreement under pressure and threats;
• inadequate state of the donor at the time of signing the document (alcohol, drug intoxication);
• criminal actions of the donee against the donor.

donating a share of an apartment

Moscow city.
The first of January two thousand and eleven. We, citizen of the Russian Federation IVANOV IVANOVICH, born 01/01/1900, place of birth: Moscow, gender male, passport 00 11 123456, issued by the Department of Internal Affairs of the ______ district of Moscow on 01/01/2000, department code 000-100, registered at the address: Moscow, avenue, house, building, apartment, hereinafter referred to as the Donor , on the one hand, and

citizen of the Russian Federation PETROVA MARIA IVANOVNA , born 01/01/1900, Moscow, gender male, passport 00 11 123456, issued by the Department of Internal Affairs of the ______ district of Moscow on 01/01/2000, department code 000-100, registered at the address: Moscow, prospect , house, building, apartment, hereinafter referred to as the Donee , on the other hand, have entered into this agreement as follows:

1. The Donor gave to the Donee free of charge 2/3 (Two thirds) shares of the apartment, which belongs to him by right of ownership, located at the address: Moscow, street, house, building, apartment consisting of 1 (one) living room, with a total area of ​​100.0 ( One hundred point zero) sq.m., living area 50.0 (Fifty point zero) sq.m. The recipient accepts the specified gift.

2. The above share of the apartment belongs to the Donor by right of ownership on the basis of the donation agreement for the share of the apartment dated 01/01/2000, registered on 01/10/2000. in the Office of the Federal Registration Service for Moscow for No. 000/111/2000-222, which is confirmed by the certificate of state registration of rights, form series 77 AA 123456, issued on January 10, 2000. Office of the Federal Registration Service for Moscow, as stated in the Unified State Register of Rights to Real Estate and Transactions with It on January 10, 2000. registration record No. 000/111/2000-333 was made.

3. The specified share is assessed by agreement of the parties for the amount of 100,000 (one hundred thousand) rubles 00 kopecks.

4. The donor guarantees that he does not enter into this agreement due to a combination of difficult circumstances on extremely unfavorable conditions for himself and this agreement is not an enslaving deal for him.

5. In the above apartment there are registered gr. Ivanov I.I., Semenov E.E., Sidorov K.K.

6. From the moment of registration of this agreement with the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow, the Donee acquires ownership of a 2/3 (Two thirds) share of the apartment located at the address: Moscow, street, house, building, apartment.

7. After the state registration of this agreement, the Donee assumes responsibilities for paying real estate taxes, reimbursement of expenses for the operation of the apartment, the house as a whole, its engineering equipment and the local area by agreement with the operating organization, in accordance with the rules and regulations in force in the Russian Federation. Federations for state and municipal housing stock.

8. The transfer of the gift will occur after registration of this agreement in the Office of the Federal Registration Service for Moscow by transferring the Donor to the Donee of a duplicate key.

9. The Donor guarantees that before the conclusion of this agreement, the 2/3 (Two Thirds) shares in the apartment alienated under this agreement have not been sold, donated, pledged, are not in dispute, under arrest or prohibited.

10. The costs of concluding this agreement are paid by the Donee.

11. This agreement contains the entire agreement between the parties with respect to the subject matter of this agreement, and cancels and invalidates all other obligations or representations that may have been accepted or made by the parties, whether oral or written, prior to the conclusion of this agreement.

12. The parties declare that their legal capacity is not limited, they are not under guardianship or trusteeship; due to health reasons, they can independently exercise and defend their rights and fulfill their responsibilities; do not suffer from diseases that prevent them from understanding the essence of the contract being concluded.

13. Contents of articles 131 “State registration of real estate”, 167 “General provisions on the consequences of invalidity of a transaction”, 209 “Content of the right of ownership”, 223 “Moment of the emergence of the acquirer’s right of ownership under the contract”, 250 “Preemptive right to purchase”, 256 “General property of the spouses", 288 "Ownership of residential premises", 292 "Rights of family members of the owners of residential premises", 420 "The concept of a contract", 421 "Freedom of contract", 450 "Grounds for changing and terminating a contract", 551 "State registration of the transfer of ownership for real estate", 572 "Donation agreement", 574 "Form of the gift agreement", 577 "Refusal to execute the gift agreement", 578 "Cancellation of the donation", 580 "Consequences of harm due to defects in the donated item" of the Civil Code of the Russian Federation, articles of the Housing Code of the Russian Federation : 30 “Rights and obligations of owners of residential premises”, 31 “Rights and obligations of citizens living together with the owner in residential premises belonging to him” - the parties are aware of the requirements of Articles 34 “Joint property of spouses”, 35 “Ownership, use and disposal of common property spouses" of the Family Code of the Russian Federation by the parties.

14. This agreement is drawn up and signed in three copies, one of which is stored in the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow, one copy is issued to the Donor and one copy to the Donee.

15. In accordance with Art. 131, 551, 558 of the Civil Code of the Russian Federation, this agreement and the transfer of ownership are subject to state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow.

SIGNATURES OF THE PARTIES

____________________________________________________________________________________________

IVANOV IVAN IVANOVICH

____________________________________________________________________________________________

PETROVA MARIA IVANOVNA

Download the document “Agreement of donation of a share of an apartment”

Participation of children in drawing up a gift agreement

The conditions for the participation of children in drawing up a gift deed are discussed in more detail in the list below:

• children over the age of 14 must have a valid passport, since in the absence of a document, the procedure is impossible;
• if you have a valid passport and are over 14 years old, the child independently signs the contract, submits an application for registration of property rights and pays the state fee under the supervision of a legal representative;
• children under 14 years of age must have a legal representative who is their authorized representative and performs all necessary actions (parent, guardian, adoptive parent).

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How to compose it correctly?

An important condition for a successful transaction is the mandatory preparation of a written form .

It will require you to indicate the full registration data of the property, including the size of the allocated share (for example, 1/3 of a share or two shares of an apartment), the absence or presence of an encumbrance, that is, the presence of a simple, mixed or complex form of agreement.

Form of agreement for donation of a share of an apartment between close relatives.

Sample agreement for the gift of a share in an apartment between close relatives.

Sample agreement for donating 1/2 share of an apartment to a relative.

Donation agreement for a share of a room in a communal apartment (sample).

Agreement for the donation of a room in a communal apartment (sample).

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Registration of a deed of gift for children in shared ownership

The procedure for drawing up a gift agreement for children in shared ownership has its own nuances, since in most cases signing the document requires the presence of a notary.

Therefore, when drawing up a document, it is necessary to contact a notary office and mandatory certification of the document in accordance with the legal norms of the current legislation of the Russian Federation. If the alienation of real estate was carried out without a notary, then such a transaction is considered invalid and can easily be challenged in court.

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Procedure for completing the procedure

The donor transfers real estate or a share of ownership by drawing up the relevant document in writing.

When transferring an apartment to your own child, the contract can be drawn up according to the proposed template, indicating all the necessary details. If you have doubts about the correctness of the registration, you should contact a qualified lawyer.

If the apartment is in shared ownership, then the registration of a deed of gift is considered a notarial transaction and requires the presence of a notary.

The transfer of property jointly owned by several persons implies the fulfillment of certain conditions:

• the contract is drawn up by a notary when registering a share of real estate;
• the entire apartment is drawn up according to a template document and can also be certified by a notary at the request of the client.

The cost of signing such transactions in a notary office is quite high and ranges from 8,000–10,000 thousand rubles, depending on the location of the organization and the qualifications of the specialist.

Who should be present at the branch of the government agency when registering a transaction?

For the gift transaction to be valid, both parties must be present when submitting the required documentation. This is necessary to ensure that each of the parties to the agreement confirms their consent to the free transfer of property. If it turns out that any of the persons obliged to take part in the event does not want to transfer the property free of charge, the signing of the contract will not be carried out.

If coercion is detected by any party, the transaction is also cancelled. Additionally, an appeal to law enforcement agencies may be made.

Popular questions and answers

Is it possible to inherit an apartment to children without concluding a gift agreement?

Registration of the procedure without the provision of a gift deed is considered invalid, since this document is the basis for registering property rights in Rosreestr and identifying a new owner of the property.

What needs to be done to formalize a deed of gift?

In order to draw up a gift agreement, you need to prepare a package of documents and contact a notary (if there is such a condition). After signing, they register ownership in Rosreestr and receive an extract from the Unified State Register.

Do I need to contact a notary if I need to transfer a share of real estate without my husband’s consent?

The situation that has arisen requires mandatory contact with a notary, since in the absence of confirmation from a specialist, the transaction can be challenged in court, since it will be considered invalid. It is also mandatory to have written consent from the spouse.

Is it possible to issue a deed of gift for a 14-year-old child if he does not yet have a passport?

Registration of a deed of gift for a 14-year-old child requires the mandatory provision of a passport, since a minor signs the document independently under the control of legal representatives.

If you draw up a contract yourself, will it be considered valid?

When registering a deed of gift for individual property or an apartment jointly owned by both spouses, you can draw up a document according to the presented sample. It should be understood that it should not contain errors or inaccuracies, as it can be easily challenged in court.

Where to start drawing up a gift agreement when transferring property to a minor child?

In this case, it is mandatory to provide consent from the child’s legal representatives, who will perform all necessary actions to carry out the procedure. Next, preparation of documents, signing of an agreement and registration of ownership.

Is it possible to cancel a deed of gift if it has already been signed?

Cancellation of a document upon entry into force of its validity is possible in court by filing a corresponding claim indicating the exact and justified reasons for termination of the document. If such a desire is agreed upon by all parties to the process, then there is a high probability of the claim being satisfied.

What to do if they want to challenge the deed of gift in court?

In this matter, everything depends on whether the interested party has irrefutable evidence of the invalidity of the concluded transaction. In most cases, the satisfaction of the relevant claim is extremely rare, so you just need to attend the court hearing and comply with the requests of the judge to provide the necessary information.

What is the time frame for registering property rights?

The period for receiving an extract from the Unified State Register, provided all documents are available, is 7–10 working days, depending on the method of filing the application.

Do I need to pay a tax of 13% if I want to give real estate to my children?

Payment of tax is not provided if the property under the gift agreement was transferred to close relatives, and the son or daughter belongs to this category.

Can they refuse?

If the transaction is processed through the MFC, you should prepare for a possible refusal. Multifunctional center employees have the right to provide a negative response to an application in the following situations:

• the citizen provided an incomplete package of documents;
• the apartment has several owners, and the second owner of the premises did not give permission to conclude the transaction;
• there are errors in the contract, it is not drawn up accurately, and the wording is vague.

If a refusal is given, the donor and recipient must correct the indicated errors and apply again. Only if all the nuances established by law are observed, the transaction will be registered.

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