Donation agreement without a notary (sample): how to correctly draw up and execute a deed of gift

Article updated: December 24, 2021
Mitrofanova SvetlanaLawyer. Work experience - 15 years

Hello. I helped 20 clients formalize the donation of their shares. In itself, the execution of a deed of gift does not depend on whether the donors are related to the recipients or not. Therefore, the instructions on this page are suitable for everyone. I divided everything into 3 main stages: 1) collect documents; 2) we draw up a gift agreement; 3) submit the agreement with documents to the MFC or the Registration Chamber to register the transaction. Parties to the transaction: donor - the one who gives his share; donee - to whom it is given.

A small digression - if you need a free consultation, write online to the lawyer on the right or call (24 hours a day, seven days a week for all regions of the Russian Federation) Moscow and the region; 8 (812) 425-62-89 — St. Petersburg and region; all regions of the Russian Federation.

Remember: if the owner wants to give his share or part of it to someone, he DOES NOT NEED to obtain the consent of other owners, nor the consent of those registered/living in the apartment, nor the permission of the guardianship authorities if one of the owners is a minor. The owner of a share can donate it to anyone in accordance with clause 2 of Art. 246 of the Civil Code of the Russian Federation. Consent is not specified either in Chapter 32 of the Civil Code of the Russian Federation on donation, or in Federal Law No. 218-FZ dated July 13, 2015, on the basis of which all real estate transactions are registered. Also, do not pay attention to paragraph 1 of Art. 246 of the Civil Code of the Russian Federation - it means that by agreement of the owners, the entire apartment is disposed of, and not a separate share of it. The exception is minor children; they cannot give their share to anyone, but only sell it - more details.

Also, when donating a share, you do not need to take into account the period of ownership. The owner can donate the property at any time and there will be no tax for him. The minimum period is taken into account only when selling. Now let's move on to step-by-step instructions.

Stages:

Stage No. 1 – collecting documents
Stage No. 2 – order a donation agreement for a share of the apartment
Stage No. 3 – Registration of the gift transaction

Is it possible to draw up a deed of gift without a notary?

The donation agreement (hereinafter referred to as the DD) is discussed in Chapter. 32 of the Civil Code of the Russian Federation. It is concluded in written or oral form, and requires notarization only in a few cases:

A share in the right of common ownership is given by one of the owners;
The property of a minor or person with limited legal capacity is alienated;
The property is managed by a guardian;
Documents for registering property rights are sent by mail;
The agreement of the parties provides for certification.

In all other situations, a notary’s signature is not needed, but there are certain features of drawing up a deed of gift without a notarization.

Legal advice: when concluding a contract, the notary makes sure of the legal capacity of the parties, explains the rights, obligations and consequences, so it is more difficult to challenge a certified contract. If you want to protect yourself, it is still recommended to contact him.

Sometimes a DD does not require notarization, but other documents must be certified by a notary. The requirement applies to a power of attorney if the donee or donor cannot personally sign the agreement.

If real estate acquired by the donor during marriage is given, the notarial consent of his spouse will be required (Article 35 of the RF IC). Otherwise, the husband or wife will be able to challenge the transaction within 1 year from the moment they became aware of it.

Important! If there is a marriage contract that states that the donated property belongs exclusively to one spouse (the donor), the notarized consent of the second is not necessary.

Features of registering a deed of gift without a notary

A notary's signature is not required if the property, car or other property is managed by a single owner. He has the right to donate housing in full or a share in the ownership. If the share is allocated in kind, it is given as a gift.

You do not need a certificate when donating real estate purchased during marriage to children shared with your spouse, but notarial consent will be required from him.

There is no need to contact a notary when alienating shares in the ownership of housing by all owners at the same time - this measure was introduced on July 1, 2021.

Form of gift agreement

According to Art. 574 of the Civil Code of the Russian Federation, the DD is concluded orally, which already implies that there is no need to visit a notary. The transaction is considered completed from the moment the keys or title documents are handed over.

Written form is required in certain cases:

Real estate or vehicle is donated;
The giver of a gift worth RUB 3,000 or more. acts as a legal entity;
The contract contains a condition for the promise of a gift in the future.

If the agreement is drawn up in writing and requires certification, you need to contact a notary at the location of the property (Article 56 of the “Fundamentals of Legislation on Notaries”).

How to issue a deed of gift for an apartment for a son (daughter)?

How to issue a deed of gift to a brother or sister?

Deed of transfer of property

Any transfer of property rights is reflected in the corresponding act, which serves as an integral part, as well as an important component of the gift agreement. It serves as confirmation that the donation was carried out as a fact, and the recipient received the property. Several copies of the act are always drawn up, each party receives it. Documents of this type reflect the nuances relating to the transferred property or rights. The parties also certify that there are no claims of any kind.

All possible defects of the property are indicated in the deed; they serve as a certain insurance for the donor so that in the future he does not have claims regarding the object of the transaction.

How to write a deed of gift between close relatives?

The registration procedure looks very simple:

Agreeing on the terms of the transaction with the donee. It is necessary to clarify what property is being donated and when to sign the DD. The consent of the other party is mandatory - the donee puts his signature on the agreement. When promising a gift, he has the right to refuse the transaction before transferring the gift.
Drawing up a deed of gift. The donor does this on his own, but can also turn to lawyers.
Signing the contract. Personal signatures of both parties or attorneys are required.

Further actions depend on the object of donation - a gift. If real estate is donated, the transfer of ownership is registered in Rosreestr. When receiving a vehicle as a gift, the new owner must undergo a technical inspection, buy compulsory motor insurance and register the car with the traffic police.

Contents and sample of a gift agreement

A written agreement must contain complete information about the parties to the transaction, the gift and other details:

Full name, passport details, registration addresses of the donee and donor;
Address, area, cadastral number, technical data of the property;
Make, year of manufacture, model, color, license plate number, body number of the donated car;
Amount and currency of money transferred;
Validity period of the DD, effective date;
Rights, obligations, responsibilities of the parties.

At the end, the signatures of the participants in the transaction are placed.

Sample gift agreement without a notary:

Documentation

The list of main documents for the alienation of real estate includes the passports of the parties, an extract from the Unified State Register of Real Estate, as well as information confirming the grounds for the emergence of the donor’s ownership rights.

In some cases, additional documents will be required:

Written consent of the bank for the donation of real estate as collateral;
Consent of the spouse to the alienation of common property;
Consent of parents or other representatives of the minor (expressed separately or in a contract);
Permission from guardianship authorities when disposing of children's property.

Note! Documents must be prepared in advance in full, depending on the subject of the donation, otherwise it will not be possible to re-register ownership of it - the registering authority will refuse if there is no certificate.

Possible expenses

If the deed of gift is not required to be certified by a notary, this significantly reduces the costs of the transaction. But sometimes additional costs arise:

State registration fee. For example, when receiving real estate free of charge, the recipient will have to pay 2,000 rubles. for re-registration of ownership. If a land plot is donated, the cost will range from 100 to 2,000 rubles. depending on the category of land;
Lawyer services. To get everything done correctly, it is recommended to contact a lawyer: the risk of it being challenged by third parties depends on the competent drafting of the contract.

For drawing up a deed of gift without a notary, lawyers charge on average from 2,000 to 5,000 rubles, but the costs are justified:

clients can be sure that if the contract is drawn up correctly, their rights guaranteed by the Civil Code of the Russian Federation and other legislative acts will be respected.

Stage No. 3 – Registration of the gift transaction

If the contract was certified by a notary

Then the notary is obliged to submit the registration agreement himself, free of charge and on the same day. This is already included in the service for certifying a transaction on the basis of Art. 1 of the Federal Law of August 3, 2018 N 338-FZ and Art. 22.1 Basics about notaries. Explanations of the Federal Notary Chamber - link.

Typically, notaries submit documents electronically. Then the transaction must be registered within one business day. If the notary does not have the opportunity to submit electronically, he or his assistant will submit the documents in person to the Rosreestr office within 2 business days. The registration period will last up to 3 working days after submission. All this is indicated in paragraph 9 of Art. 16 of the Federal Law on Real Estate Registration of July 13, 2015 N 218-FZ. But due to the workload of Rosreestr, sometimes there are delays.

Participants in the transaction must pay the notary only the state fee for registering the transaction - 2000 rubles (clause 22, clause 1, article 333.33 of the Tax Code of the Russian Federation). If a notary submits documents electronically, Rosreestr has established a 30% discount - instead of 2,000 rubles, you need to pay 1,400 rubles. The state fee is paid by the donee, but in practice the notary doesn’t care who gives the money.

After the transaction is registered in Rosreestr, the donee will become the new owner of the share. The documents can be collected from the notary. Some notaries notify you about this by phone, while others will have to call you yourself.

Is it possible to challenge a deed of gift drawn up without a notary?

The contract is contested on the grounds specified in Art.
578, art. 166-179 of the Civil Code of the Russian Federation, regardless of the presence or absence of a notary’s signature. But when contacting a notary office, a specialist will immediately notice legal errors and will not allow the preparation of a deed of gift, which can be canceled in the future. What are the grounds for canceling a transaction:

Drawing up a feigned DD to cover another transaction: barter, sale;
Execution of an imaginary agreement without creating further legal consequences - transfer of the donated property to the donee;
An attempt by the donee on the life and health of the donor or his relatives;
Signing a contract under the influence of threats, violence, blackmail;
Drawing up a deed of gift under the influence of a misconception regarding the consequences or nature of the transaction.

The donor's creditors have the right to challenge the agreement if the property is alienated free of charge within 6 months after the decision on its bankruptcy enters into legal force.

The right to challenge is also granted to the heirs of the donor who died as a result of the donee’s intentional criminal actions.

To cancel a transaction, you need to go to the district court with your passport and evidence confirming the grounds for cancellation.

Rights and obligations of the parties under the contract of promise of donation in the future

The DOD is unilaterally binding, and the obligations arise on the donor. After a specific event or date specified in the contract, he undertakes to transfer the property in favor of the second party.

The recipient has more rights: he can refuse it at any time before the transfer of the gift. If the date has arrived, but the donor does not fulfill the terms of the ADD, the other party has the right to reclaim the property by agreeing with the owner or going to court.

Important! The DOD comes into force from the moment of signing, unless other conditions are specified. Execution is carried out from the date determined by the parties and indicated in the document.

When does the gift restriction apply and what does the donor need to do to complete the transaction correctly?

How to properly draw up a preliminary gift agreement and why is it needed?

Arbitrage practice

It is difficult to cancel a deed of gift, but if plaintiffs contact good lawyers, their chances increase.

As an example, here are a few real court decisions:

Decision No. 2-2979/2018 2-87/2019 2-87/2019(2-2979/2018;)~M-2690/2018 M-2690/2018 dated April 9, 2021 in case No. 2-2979/2018 ;
Decision No. 2-243/2019 2-243/2019~M-47/2019 M-47/2019 dated March 19, 2019 in case No. 2-243/2019;
Decision No. 2-102/2019 2-102/2019~M-26/2019 M-26/2019 dated March 5, 2019 in case No. 2-102/2019.

All cases were considered according to the claim procedure. As a result, the plaintiffs received the donated property back.

Questions for a lawyer

Is it possible for the donor to cancel a deed of gift executed without a notary after the death of the donee?

Yes, if such a right is provided for by the terms of the contract (clause 4 of Article 578 of the Civil Code of the Russian Federation).

Is it possible to draw up a deed of gift without visiting a notary when donating a share in an apartment purchased during marriage, if it is given to a child shared with the spouse?

No, notarization when alienating a share is required, regardless of the relationship between the donor’s spouse and the donee.

Can a husband give his wife a car without visiting a notary?

Yes, the transaction is not prohibited by law.

Do I need to have a deed of gift certified by a notary when donating a vehicle in shared ownership?

Yes, the mandatory certificate also applies to donations of cars that have multiple owners.

Is it possible to give an apartment in joint ownership with my husband, registered with a notary, to a common child?

Yes, but you will need a notarized consent from your spouse.