Is it possible to donate a donated apartment, after what time and how to donate it back to the donor Legal.Standard

But, despite such a difference in the subjects of the transaction, it is carried out according to the general rules established by law, sometimes with the slightest amendments. Property, once in the ownership of a new citizen, acquires a new status .

But sometimes a completely logical question arises - is it possible to transfer an apartment received by gift? Is such an action possible? Are there any restrictions on this fact or are they not significant?

Such cases arise and arise frequently, and often new transactions are not carried out or are carried out with errors only because citizens have no idea what they can count on and what they cannot. Therefore, let's talk about whether such a procedure can be carried out or not.

You can find out whether a donated apartment can be sold in our article.

Legal opportunity

Is it possible to donate donated living space if the donor is alive?

Since we have seriously taken up the discussion of such a complex concept as donation and possible transfer, we need to first turn to the conceptual apparatus in order to be sure to know all the information about the procedure under discussion.

What is remarkable about the donation of housing?

Donation is a transaction that is regulated by civil law, or rather, by the civil code itself. This procedure has many characteristics. Let's start with the basics.

So, donation is a two-way transaction. Why? First of all, because two parties take part in it. One of them is called the donor. The donor has the right to alienate real estate from his property in order to transfer it to a second party.

The second party is called the donee. This subject of the transaction accepts real estate from the donor, and then it becomes his full property. However, sometimes the donee may refuse the gift and then the transaction is terminated.

The next characteristic of donation is gratuitousness . And indeed, the entire procedure is carried out free of charge, that is, for the fact that the donor donated property to the recipient, he receives nothing.

Now we know what the transfer of housing as a gift is. And what then, according to all the rules, is re-gifting ? In fact, this is exactly the same procedure that is carried out immediately after the donee has become the direct owner.

There is no such thing as a transfer in legislation, so the name of the transaction is used as a donation. It is carried out according to the same criteria as a regular donation, based on Chapter 32 of the Civil Code.

An important nuance is that the original donor must be informed and aware of the state of his property and subsequent transactions with it, because he still retains the right to cancel the donation in special situations.

Find out from our articles about the pros and cons of deeds of gift, as well as what is better: a gift or a will.

Features of a gift as a type of civil transaction

When concluding a gift transaction, the donor must take into account the peculiarities of such a civil legal relationship.

The main features of the deed of gift under which housing is donated are as follows:

The law limits the period after which the agreement can be canceled. As a general rule, a deed of gift can be contested within three years from the date of preparation. In this case, the contesting parties must present evidence that confirms the illegitimacy of the transaction.
If the power of attorney is drawn up by a representative of the home owner, then his powers must be certified by any notary in the manner prescribed by law. Otherwise, the transaction is considered illegal.
The deed of gift is always drawn up in writing in two copies, each of which must be signed by the donor. One of them is transferred to the donee, and the other remains with the donor. When they are received, both parties will be able to certify the fact of the donation in the event of disputes.
In cases where the donor or recipient is a child under 18 years of age or a person who does not have legal capacity, then the consent of the guardianship authority, as well as the appointed guardian, is required to make the gift.
In cases where the object of the donation is housing, which, in addition to the donor, also belongs to other persons, the consent of these persons is required. If the donor is an individual owner, then the consent of third parties is not required to transfer.

Thus, the validity of a repeated donation of housing depends not only on the legitimacy of the rights of the donor, but also on the existence of the rights of other persons, the status of the parties to the transaction, and so on. Failure to comply with one of these conditions entails the invalidity of the transaction. In addition, it is necessary to take into account the possibility of the previous owner returning the property when it cannot be transferred.

When a donation is made, there are always interested parties who are ready to challenge such a transaction and return the donated apartment.

For this reason, it is better to entrust the drafting of a transaction to professionals who are well versed in the nuances of the transaction and legal norms. Security of the transaction is the main condition for any party in civil legal relations.

Who can be a donor?

A gift worth less than 3 thousand rubles can be given by anyone to anyone. For more expensive gifts, there are restrictions in the Civil Code.

The donor cannot be:

a minor citizen, that is, a child under 14 years of age, either personally or through a legal representative. From the age of 14, expensive gifts can be given with the written consent of parents (adoptive parents, trustees); if we are talking about real estate, you will also need to obtain permission from the guardianship and trusteeship authorities. The exception is the complete emancipation of a child at 16 years of age;
a citizen declared incompetent, either personally or through a legal representative.

Who should you not give gifts to?

According to the Civil Code, it is prohibited to give expensive gifts (more than 3 thousand rubles):

employees of educational, medical, social and similar organizations, including employees of organizations for orphans and children without parental care, on behalf of those who are treated, studied or kept in these organizations, and their relatives;
persons holding state and municipal positions, state and municipal employees, employees of the Bank of Russia in connection with their official position or in connection with the performance of their official duties (with the exception of gifts in connection with official events, but even in this case, gifts are more than 3 thousand rubles are recognized as state property);
commercial organizations, if the recipient under the gift agreement is also a commercial organization.

Acceptable deadlines

After what time can the donated housing be donated?

You can donate living space that has already been involved in the donation procedure once, as soon as all the documents proving the rights of the new owner to the housing have been completed. Roughly speaking, as soon as the deal is formalized.

However, there are a number of nuances, one of which concerns the conditions specified in the contract . So, for example, if the deed of gift states that the donee can take ownership only upon the achievement of certain conditions, he cannot transfer the housing as a gift until these conditions have been met.

For example, the most common case is the entry into ownership rights only upon marriage or graduation from a higher educational institution.

Read our article about the time frame within which a donor can revoke a deed of gift for an apartment.

Is it possible to give the apartment back to the donor?

Is it possible to transfer an apartment received by gift?

Art. 572 of the Civil Code determines the possibility of transferring property between two parties free of charge.

One of the ways to alienate real estate is through donation. If all papers are completed correctly, the donor loses ownership of the object. Authority for the apartment is transferred to the recipient, who must register it with Rosreestr. After which he becomes the full owner, receives the right of ownership and disposal.

Is it possible to re-donate such an apartment? Definitely, this can be done. But here it is important to draw up the deed of gift correctly again. After it comes into force, the new applicant will become the owner of the property. In turn, he will be able to alienate the object.

An applicant who received an apartment as a gift is interested in whether it can be donated. In fact, the law does not limit the number of acts of donation. Both selling and donating an apartment can be done countless times. Only in each new case a new deed of gift is required.

Reverse action

Is it possible to give back a donated apartment? When choosing a candidate for transfer, it may also be the person who originally gave you the property . There is nothing terrible or unnatural in this, and this person may well become the recipient.

However, if you are not close relatives, this fact still does not exempt you from having to pay tax on the transfer of housing as a gift.

Find out on our website whether it is worth accepting an apartment with an encumbrance as a gift, such as a mortgage or the right of lifelong residence of the donor.

Registration in Rosreestr

So, the acquisition of an apartment by the recipient takes place after entering data about him into the Rosreestr. In this case, he acquires the right to dispose of the object, including its donation, inheritance, and sale. A one-year period is allotted for re-registration.

Documents that will be required when applying:

Statement by the applicant in which he agrees to the transaction.
A receipt confirming that the state duty has been paid.
Papers for the apartment:
cadastral extracts;
title papers.
Passports of the parties to the transaction.
Certificate of family composition.

Authorized bodies are given no more than 10 days to process the application. If all requirements are met, data about the new owner is entered into Rosreestr. If there are not enough documents, the applicant is given time to collect them.

Registration of a new owner requires the participation of all parties to the transaction. If a citizen cannot appear in person, they can act through a proxy. To participate in the process, the representative will need a notarized power of attorney.

If the donor dies before the information about the new owner is entered into the state register, the apartment is inherited on a general basis: by will/by law. Real estate rental and sale is allowed only after registration with Rosreestr.

Where to start, where to turn?

The first step is to prepare the property for donation. Namely, if you have already registered someone, register them. It is also necessary to obtain all the necessary certificates that will indicate that you have no debts .

In addition, notify the recipient that you intend to give him housing. If he agrees, make sure that you have fully entered into the rights of donation.

This transaction is first formalized at a notary office, where they will help with the correct preparation of the document. This step is completely optional .

You can cope on your own, but sometimes it’s better to play it safe and still contact a qualified lawyer.

Next, your path lies to the registration authority.

This could be Rosreestr, which should generally register your transaction, while simultaneously checking it for legality and validity.

Also, the functions of Rosreestr can be transferred to the multifunctional center nearest to you.

Notarization

Notarization of the transaction is an optional, but desirable condition. The presence of a specialist during the registration process helps to avoid many problems. The first advantage of such participation is the legal literacy of the document; there will be no difficulties when registering the object.

The second point is confirmation of the legal purity of the transaction. It is difficult to challenge documents certified by a notary, citing the donor’s inadequacy or non-compliance with the rules of donation. For the court and other authorities, it is obvious that the procedure was carried out according to the law, therefore, there are no grounds for recognizing the transaction as invalid.

Transactions between close relatives are not subject to gift tax.

Requirements for the contract

The gift agreement must be drawn up in accordance with the generally accepted model. It must also be signed by both parties.

In addition, a deed of gift that contains a typo or error will not be accepted for consideration.

That is why it is very important to contact a notary before submitting documents to the registration authority.

Tax on transfer of an apartment

When concluding a transaction for donating real estate, a mandatory tax to organize the activities of the public service. Another fee is established in individual cases and depends on the cost of the apartment.

Real estate alienated to close relatives holding Russian citizenship is not subject to property duty.

If the successor does not have blood ties with the actual owner or is distantly related to him, the purchasers of the apartment pay property tax in the amount of 13% of the total cost of housing. If the recipient of the property is a citizen of a foreign state or a person who does not have a certain registration, the tax rate is set at 30% .

Submission of documents

What documents are required? In order for the transaction to be properly registered, you need to prepare the correct package of documents . It should include the following documents:

passport;
gift agreement;
real estate ownership documents;
technical documentation;
certificate of payment of the duty;
tax payment certificate;
a previously drawn up deed of gift.

You can find out whether you need to obtain the consent of the second spouse to transfer an apartment as a gift, as well as whether you can donate living space by power of attorney on our website.

All these documents must have their own copies .

You may also be required to provide a certificate confirming the absence of debts for utility services, as well as a certificate from the BTI on the composition of those registered.

Documents are submitted to Rosreestr or a multifunctional center.

There, at the initial stage, they get acquainted with the contents of the papers, and only then they can transfer them to the next employee to formalize the transaction.

Transfer of deed of gift

Is it possible to transfer a deed of gift for an apartment? Or donate the house received by deed of gift? The law does not prohibit the implementation of these expressions of will, including the return of a gift back to its donor. A citizen, becoming an owner, is endowed with all rights and can independently dispose of a gift received from someone. Owners can transfer movable and immovable property (including an apartment, a house) to whomever they want.

But the legislation provides for a list of persons who are not allowed to perform these actions (donations) from clients and people related to them.

This list includes:

civil servants;
municipal employees;
medical workers, and teaching staff (schools and other children's institutions).

Despite the prohibition in the law, in reality, employees of multifunctional centers and Rosreestr do not check the status of the person receiving the donation.

But you can transfer donated property - an apartment or a house - back in accordance with Article 578 of the Civil Code of the Russian Federation, which describes the case when a donation is returned to the donor:

with the personal voluntary expression of the will of the recipient;
or the donor demands that the donated property be returned (such actions are resolved in court);
if the court recognizes the invalidity of the deed of gift.

In order to return the donated property at the will of the real owner, you must go through the usual legal procedures implied when registering a gift.

Receipt times and cost

When contacting Rosreestr, the time frame for receiving documents will be expedited from three to seven days. However, if you contact a multifunctional center, it is quite possible that the deadlines will be slightly different, because this body itself does not register the transaction, but only transfers it to Rosreestr.

The state fee for registration of the donation procedure is three hundred rubles. It must be paid before submitting documents to the registration authority.

If the donor and the donee are not close relatives of each other, then they will also have to pay a tax fee of thirteen percent of the transaction amount.

Registration of transfer

The donation procedure has its own characteristics and legal subtleties. Let us consider in detail the process of registering a deed of gift in general terms.

Transfer procedure

The first step will be drawing up a deed of gift. This agreement must indicate the personal data of the parties and a description of the object to be transferred. The deed of gift must be notarized. In addition, for the transaction to be legal, you will need to go through the procedure of state registration of rights.

To do this, you need to contact the territorial department of Rosreestr or the MFC at the location of the object. You can also submit documents by registered mail with notification or via the Internet on the official website of the department or on the State Services portal.

The following documents will be required for registration:

registration statement from the parties to the transaction;
general civil passports of the Russian Federation of the parties;
receipt for payment of state duty in the amount of 2000 rubles;
documents of title for the subject of donation (deed of gift);
legal document (extract from the Unified State Register or certificate);
a certificate of the composition of persons registered in the donated apartment (issued at the housing department, passport office or other authorized institution).

A receipt for payment of the state fee is not required, since the data on receipt of payment falls into the general database. However, to avoid misunderstandings, it is better to save it until the end of the registration procedure.

Legal nuances

As with any transaction, the transfer process has certain features. It is important to consider the following aspects:

Cancellation of a deed of gift is possible only within three years from the date of its registration. To do this, you will need to prove that the transaction was made under pressure or as a result of fraudulent actions by one of the parties.
If the donee cannot be personally present at the execution of the contract, a representative can act instead on the basis of a notarized power of attorney.
After the transaction is concluded, each party retains a written original deed of gift. It is also necessary to prepare a third copy for Rosreestr.
If the gift is given to a minor or incapacitated person, the guardian or legal representative must consent to the transaction.

If part of a house or apartment that is in shared ownership is transferred, the consent of the co-owners, executed in writing, will be required.

Transaction cost

Despite the fact that you can re-donate property endlessly, it should be borne in mind that this procedure is not entirely free.

Upon registration you will need to pay:

state fee for registration of property rights (2000 rubles);
payment for notary services (depending on the value of the property);
income tax of 13% (not in all cases).

Donations that are not between close relatives and family members will be taxed. The obligation to pay the tax payment arises from the donee. The tax amount is calculated based on the cadastral value of the property and, as a rule, amounts to a very significant amount. To avoid paying taxes, some citizens do not draw up a deed of gift, but a fictitious purchase and sale agreement.

However, this option is not always suitable. For example, a serious advantage of donation is the fact that the donated real estate is not the joint property of the spouses. In the event of a divorce, it will be transferred in full to the spouse to whom it was gifted. All expenses for completing the transaction are borne by the donee, since he is the beneficiary.

Other subtleties

In general, donation is a simple procedure. Difficulties can arise only at the stage of drawing up a new deed of gift. Can Rosreestr or MFC refuse to register a transfer of rights? They can. There may be two reasons: incorrect drafting of the gift agreement or the absence of any documents. To avoid refusal, seek legal advice from a specialist. A professional lawyer will help you draw up a competent gift agreement and help provide for all the nuances of the transaction.

Obstacle to the transaction

The donation procedure is quite simple; the ability to carry it out without the obligatory assistance of a notary makes it possible to save money and resolve the issue yourself. We must not forget that there is always the possibility of an artificial delay in the transaction, or even the impossibility of completing it.

The negative aspects that prevent you from donating an apartment, including the following, include:

Poorly drawn up gift agreement. The consequence may be a refusal in future registration of property with the need to correct shortcomings.
The need to pay state fees and expenses when applying to a notary.
Obligation to pay 13% tax for participants not closely related.

If a beneficiary, even a close relative, decides to sell an apartment owned for less than 3 years, the value of which exceeds 1 million, then he is obligated to pay a tax of 13% on the sale.

Spouse's consent to the transaction

With an initial donation and a repeated donation, different requirements arise regarding the need for the consent of the legal spouses.

When real estate is donated for the first time and is jointly owned by both spouses, a written notarized permission for its subsequent donation is required. In addition to other specific features on the ownership of property by each of the spouses, which may be provided for in a previously drawn up marriage contract.

The fact that one of the parties is married does not in any way affect the re-donation. Even when the new owner was related by marital ties at the time of receipt of the property, if it is intended solely for one person’s possession and use. This feature is useful in that it can protect the owner of the apartment during a divorce (Clause 1 of Article 36 of the RF IC).

Multiple recipients

If the question arises: “Is it possible to issue a deed of gift for two people?” Then the answer will be positive. In addition, the number of recipients may be more. For such cases, there are multilateral agreements under which there are either several donees and more than one donor (Article 420 of the Civil Code of the Russian Federation).

Subtleties of the process of drawing up a deed of gift and registration of an object

We found out whether it is possible to re-donate a donated apartment. It's definitely possible. Now let's talk about the nuances that may arise in this matter.

So, important subtleties:

The gratuitous transfer of real estate can be canceled before the expiration of 3 years. The countdown begins from the moment the transaction is concluded. The grounds for cancellation must be compelling - fraud, threat to health and life. They must be confirmed.
A trustee can represent the interests of each party. This could be a relative, a lawyer or any other person who will have a notarized power of attorney for these operations.
If the party to the contract is a minor/incapacitated person, then the consent of the parent/guardian is required.
The transaction should not infringe on the interests of third parties, especially if these are socially vulnerable segments of the population: children, disabled people, elderly citizens.
When owning an apartment together, the donor will need the consent of the other co-owners to the procedure.
The agreement is drawn up in 3 copies.

In what cases can you get a refusal?

There are several main points in which an apartment cannot become the property of the gifted person (according to Article 175 of the Civil Code of the Russian Federation):

If the recipients are employees and employees of various organizations within whose walls the donor was raised or received treatment. In addition, such a transaction may be considered illegal if the housing was donated as payment for services provided.
In the case where the guardian of a minor child tries to sell the apartment on his behalf.

If such actions are detected and declared illegal, the transaction is considered invalid. Then the property returns to its rightful owner, and the incident can be considered over.

In addition, the deed of gift can be considered invalid if certain errors or liberties were made when preparing the papers:

Additional points. For example, if as a condition, the donor specifies that the property will pass to the new owner only upon the death of the previous owner.
If, as a new clause, a condition is set on the lifelong residence of the donor himself in the transferred area.
In the case where the donor prescribes the need for his lifelong maintenance by the gifted (financially).

If additional clauses not provided for by law are discovered, the contract is canceled. In such situations, the help of a professional and contacting specialized authorities is necessary.

Is it possible to challenge the decision?

What to do if the apartment to which you had every right became the property of a complete stranger? For example, if a father gave an apartment to his friend. Is it worth doing something in such a case?

If the deed of gift was drawn up in accordance with all the requirements, then such a transaction will be very difficult to challenge. In addition, if the owner donated the property based on personal sympathy (there was no pressure or illegal actions on the part of the recipient), then the decision will be considered legal and it will be impossible to challenge it.

What to do if a transaction is illegal and what cases are considered such ? (Article 168):

If the recipient of the property could be the owner of information and ignorance or disagreement with the transaction of other owners of this property. In other words, the donee knew that the other owners were not aware of the transaction. This is considered illegal, since the other owners could not influence the process.
The donor did not actually have the right to dispose of the property. This situation may arise if there were violations or non-compliance with established rules in the preliminary purchase and sale transactions.
There are cases when jointly acquired property is involved in such manipulations in one way or another. In this case, the consent of both spouses is required. If this condition is not met, then such a transaction can be considered illegal.

This kind of thing is often resolved through court . It is very important to collect evidence of the illegality of the transaction, otherwise it will be almost impossible to achieve a result. The most difficult thing is to prove ignorance of any of the parties .

The preparation of documents must be approached with special attention; a neglectful attitude can lead to fatal errors. They may be the reason for the refusal to conclude a deal. The optimal solution would be to contact legal specialists .