Inheritance of an apartment under a deed of gift after the death of the donor

Last modified: October 2021

In legal practice, the question of the liquidity of such a document as a deed of gift for an apartment is often raised after the death of the donor. As a result, many disputes arise around this topic, which we will try to understand.

Let's consider the term deed of gift itself. A deed of gift is a gift agreement concluded between two persons. During this agreement, property rights are transferred free of charge from one person to another.

The basis of this right of the donor is the ability to dispose of his property at his own discretion.

The concept of deed of gift

A deed of gift is a document according to which the donor transfers real estate or a valuable thing for free use to the donee. Features of donation transactions are regulated by Ch. 32 Civil Code of the Russian Federation:

• The procedure must be previously agreed upon by both parties. They need to agree on what exactly will be donated, on what day they will conclude the donation agreement and have it certified by a notary.
• The recipient has the right to refuse the gift. If a deed of gift was issued for it, the refusal is also drawn up in writing.
• A gift agreement must be concluded if the value of movable property exceeds 3,000 rubles, or real estate is donated: an apartment, a garage, a house, a plot, etc.
• If real estate is transferred as a gift, the agreement is registered with Rosreestr in the presence of both parties.

Important! The donor may cancel the gift agreement at any time if the recipient has made an attempt on his life and health or on his relatives. If the court finds that the cause of death was the criminal actions of the donee, the agreement is also canceled, and the previously donated property is distributed among the heirs of the deceased.

The entire donation procedure is as follows:

1. The parties agree on when, where and what will be given, when and with which notary they will conclude the agreement.
2. A state fee is paid for certification of the contract. If the notary is also involved in its preparation, an additional notary fee is paid.
3. The donee and the donor come to Rosreestr if the subject of the gift is real estate. There documents are submitted to register ownership.
4. A few days later, the donee visits Rosreestr to receive an extract, where he will be indicated as the new owner.

Parties to the gift agreement and the concept of the transaction in 2021

As we have already mentioned in previous articles in this section, despite the fact that the deed of gift is called a gift agreement, it does not contain any agreements between the donor and the donee. After all, in essence, a donation is a one-sided transaction, upon the conclusion of which only the initiator has obligations.

But any truly mutually beneficial agreements can be concluded exclusively during the execution of a purchase and sale agreement and other similar transactions. This follows from the very definition of donation, which can be found in Part 1 of Article 572 of the Civil Code of the Russian Federation, based on which the following features characteristic only of donation can be identified:

1. The donor is prohibited from demanding any repayment or action for the gift he gives.
2. The party initiating the gift transaction assumes the obligation to transfer the property specified in the contents of the gift, which is in its use at the time of conclusion of the transaction.

Although the donee does not assume obligations under the contract when concluding a transaction, he is a party to the agreement, which makes his agreement/signature a mandatory part of the donation procedure. At the same time, the procedure for signing a deed of gift does not oblige the person accepting the gift to take any action.

Functions of deed of gift

The main task of the deed of gift is to formalize the donation transaction. Thanks to it, the new owner of the property will be able to fully use it and, if necessary, confirm that the gift was purchased legally.

Many people do not know which is better - a deed of gift or a will, and also mistakenly assume that the gift agreement can indicate the possibility of transferring real estate into ownership only in the event of the death of the donor. A document containing such a condition is considered void.

There is a fundamental difference between donation and inheritance: in the first case, the transfer of ownership is possible only during the life of the owner, and in the second, property is distributed only after his death.

Important! You can get an answer to one more question - if there is a deed of gift, is it necessary to enter into an inheritance - in the Civil Code of the Russian Federation. It clearly states that when the donee manages to transfer the property to himself under a gift agreement, it becomes his full property, so entering into an inheritance is relevant if he is included in the circle of legal successors and other things that do not belong to him are inherited.

What to do if the citizen to whom the house was given as a gift dies?

Most people are concerned about the problem of whether it is realistic to return a gift when the testator dies. Russian legislation establishes that at the time of the death of the donee, the gift agreement is considered invalid, since at this moment the recipient of the gift is no longer alive.

It is possible to prepare an agreement on a deed of gift for the spouse or child of the deceased, then such a transaction will undergo a thorough check in Rosreestr. A deed of gift should be classified as a rather difficult legal agreement that is almost impossible to challenge. Every moment when the person who provided the property as a gift is returned his property, as well as events when the transaction can be revoked, are recorded in the Civil Code of the Russian Federation.

In the event of the death of the donor, when the rules for returning the house or land to the previous owner are not signed, the property is transferred to part of the inheritance and is able to transfer to the heirs of the deceased according to law. A gift agreement is a process in which one citizen acquires a gift from another and can use it by any methods permitted by law. The primary nuance in making a transaction: there is no need to sign a gift agreement with a lawyer, but this should be done by everyone who is not considered strong in legal knowledge.

For the transaction to become official, you must visit Rosreestr or the MFC yourself and provide all the necessary certificates to sign the right to own property, a sample of which is presented on the official website.

The law of the Russian Federation establishes that any person can bestow property, but in fact, in order to carry out the transaction, each person must be alive. If the deed of gift contains other items that contradict the law, the transaction may be recognized as void, since the donation is a gratuitous gift from one citizen to another.

Inheritance procedure

According to the law, inheriting an apartment using a deed of gift is impossible due to the fact that this document involves the transfer of ownership only during the life of the donor. If a gift agreement was drawn up but not registered with Rosreestr, the property indicated in it as a gift passes into the general inheritance estate.

If we are talking about a deed of gift for an apartment after death, when it was drawn up and registered properly, then subsequently the heirs will not be able to claim it - the property will belong only to the gifted person.

Thus, inheritance under a deed of gift is impossible. To transfer real estate to inheritance, the testator must draw up a will. There is another option - entering into inheritance by law. There are significant differences between these two methods:

Another popular question is to whom the donated apartment is transferred after the death of the donee. According to the law, this property is the full property of the gifted person, therefore, in the event of his death, the right to it arises from the heirs. The donor's relatives cannot claim it.

Let's look at a detailed example:

Ignatov O.L. gives the house to his friend N.N. Maksimov. The transaction was completed on June 16, 2017, 2 days later the parties submitted documents to the MFC to re-register ownership. Maksimov received an extract from the Unified State Register on June 25, 2017, and a week later he dies. He is survived by his wife and child – they receive this property by inheritance. Alferov E.V. cannot claim it, despite the fact that the house was originally bought with his money - there is a deed of gift, and the property legally belongs to the Maximov family.

What to do if the person who was given the house died

Many people are interested in the question of whether it is possible to return a gift after the death of the recipient. The law of the Russian Federation establishes that in the event of the death of the donee, the deed of gift is recognized as an invalid document, since in this situation there is simply no recipient of the gift.

It is possible to prepare a gift agreement for the wife or children of the deceased; such a transaction will be verified in the Russian registry. A gift agreement is a rather complex legal transaction that is virtually impossible to challenge. All moments when the donor’s property is returned, as well as moments when the transaction can be revoked, are recorded in the Civil Code of Russia.

We recommend that you read:

Law on donation of the Civil Code of the Russian Federation

Article 578 of the Civil Code of Russia provides for the need to indicate in the contract that if the donee dies before the previous owner, the property returns to his full possession. However, this clause may be written down in the document and is not a basis for declaring the transaction invalid. This is precisely what is associated with many disputes that arise due to citizens’ misunderstanding of who receives the property after the death of the donee.

In the event of the death of the donee, if the rules for returning property to the old owner have not been prescribed, land ownership or residential premises becomes part of the inheritance and can pass to the heirs of the deceased legally. A gift agreement is considered a procedure in which one person receives a gift from another and can use it in any way permitted by law. The main nuance in completing a transaction is that you do not need to sign a deed of gift with a lawyer, but this is recommended for everyone who is not strong in legal aspects.

In order for the transaction to be formalized, you need to appear at the Russian registry or multifunctional center in person and submit all the documentation necessary to formalize the right to ownership.

What is required for donation:

• passport of both parties;
• document from the unified state real estate register;
• a certificate from the house register about the citizens registered in the apartment;
• confirmation by civil registration authorities of family relationships;
• if there are minor children, the consent of the guardianship and trusteeship authorities;
• when one of the parties acts through representatives, a power of attorney certified by a notary;
• owner's statement of donation;
• documentation confirming the absence of debt on utility bills;
• consent to the transaction from the spouse;
• cadastral document;
• documentation of a technical nature;
• a receipt confirming payment of the state duty.

The law establishes that after the application is submitted, the right to ownership is registered. At the time appointed by the employee, the new owner of the property must come to the Russian Register and receive an extract, which will indicate his ownership.

If at the conclusion of the transaction the relationship between the parties was not confirmed, this does not constitute a refusal to register property rights. But there is a point that the donee will need to pay a tax in the amount of 13% of the value of the property.

Russian legislation establishes that every person is capable of donating property, but for the transaction to be valid, all members must be alive. When additional clauses that are contrary to the law are indicated in the deed of gift, the transaction may be considered void, since a donation is a gratuitous gift from one person to another.

A gift agreement with a deferred execution will not be recognized as valid.

How a donated apartment becomes an inheritance

Drawing up a deed of gift means that after registering the property, the former owner loses the right to it, and the new owner can independently dispose of it: gift it to other people, sell, exchange, bequeath.

The entire procedure for inheriting an apartment received by gift, from the moment of drawing up the contract to receiving the certificate of inheritance, looks like this:

1. One citizen enters into a gift agreement with another. The gifted person re-registers the property together with the donor in Rosreestr, and subsequently dies.
2. Relatives of the gifted person enter into the inheritance by submitting an appropriate application for acceptance within 6 months after the death of the testator.
3. If inheritance is made according to a will, the inheritance is received by the persons specified in it. When inheriting by law, property is distributed in equal shares among all relatives of the corresponding degree of relationship.
4. If a will has been drawn up, but there are persons entitled to an obligatory share in the inheritance, they receive it in the same amount as in the case of inheritance by law, even if this causes a reduction in the shares of other persons. You will have to share with them, regardless of the contents of the testamentary document.

Six months after the opening of the inheritance case, the notary issues a certificate of the right to inheritance. With it, the assignee goes to Rosreestr and re-registers the property in his name.

Legal provisions

The legislator devoted Chapter 32 of the Civil Code of the Russian Federation to the gift agreement. Taking into account the circumstances of the donation, the contract itself can either gain legal force or lose it. It all depends on the following points:

• does the agreement contain a condition on the transfer of the apartment only after the death of the donor;
• when exactly the donor died - before or after registration of the new owner;
• whether the formalities of document preparation have been observed.

Attention! Failure to comply with the rules for registering a deed of gift is a direct and very popular basis for challenging the transaction by the heirs of the deceased.

Is it possible to make a donation after the death of the owner?

Another frequently asked question concerns what to do if there is a deed of gift - who has the right to inheritance? Here everything depends on the re-registration of ownership: if it was completed before the death of the donor, the donee is considered the owner. If there is a gift agreement and there is no registration, the property is included in the general inheritance mass, and the donee will not be able to use it.

If the owner of a home wants it to belong to a specific person only after his death, it is necessary to draw up not a deed of gift with such a condition, but a will. If a clause on the transfer of ownership only after the death of the owner is included in the gift agreement, the document is considered void.

Cases when issuing a deed of gift is unacceptable

The main condition for registering a deed of gift for an apartment is that the donor has documents confirming ownership of the property. If a citizen expresses a desire to donate an apartment to someone, he must have full right to dispose of this property.

Drawing up a deed of gift is not carried out in cases where the donor has health problems (the citizen is not aware of the composition of his own actions and is not responsible for his behavior). The cause of this condition may be a serious physical or mental illness, alcohol or drug intoxication.

A deed of gift for an apartment cannot be drawn up if the clauses of the agreement stipulate any conditions in relation to the recipient. The requirement to receive a certain benefit in exchange for an apartment automatically entails the nullity of the document.

The transaction is not concluded if the recipient is a nurse or medical personnel who looked after the donor during illness. It is also impossible to issue a deed of gift to an official, representatives of guardianship and trusteeship authorities.

Donated apartment after the death of the donee

It is possible to return an apartment given to another person after his death only if the deed of gift contains the corresponding clause. If it is not there, the heirs of the donee will receive the property.

There is an alternative option - challenging the deed of gift through the court. This is possible if it is proven that the execution of the agreement resulted in a significant deterioration in the financial or property situation of the donor.

To understand the peculiarities of transferring ownership of an apartment by deed of gift, to whom it is inherited and other nuances, it is enough to familiarize yourself with a practical example:

Alferov E.V. owns a three-room apartment. In May 2021, he decided to give it to his daughter. He also has a son from a previous marriage. The purpose of concluding a gift agreement is to leave another child without an inheritance, because There has been no contact with him for several years.

In June 2021 Alferov E.V. dies, and his son decides to challenge the deed of gift. To do this, he goes to court, indicating that, based on the degree of relationship, he has the same rights as his sister and could have inherited the apartment if the gift agreement had not been drawn up.

The court rejected this request due to insufficient grounds for canceling the transaction, because it was committed at the will of the former owner, and the donated property was acquired by him jointly with his wife, with whom he was married at the time of death.

Donation of real estate

2 types of agreement:

1. Real. Property or things are transferred as a gift to the other party. The agreement is considered concluded at the moment when the gift passes into the hands of the new owner. This happens immediately after registration procedures with this document.
2. Consensual. When does the agreement come into force? The peculiarity of the agreement is that it does not contain property, but a promise to donate it. And this provision dictates the need to comply with the conditions when drawing up a consensual gift agreement:

• written form is required;
• an indication of a specific apartment that is promised to the donee in the future;
• freedom of contract;
• consent from the second party to accept the property, but in the future tense.

This transaction is considered concluded on the day the new owner takes possession of the apartment. In the same way, you can transfer not only housing, but also rights and release from obligations.

Why do subjects of law prefer to enter into such transactions?

Let's look at the merits of giving and answer this question.

1. A simple written form of the document. The parties do not need to contact a notary or pay extra money. It is enough to draw up an agreement and seal it with signatures.
2. For married people, giving is beneficial for one reason. For example, citizen M. gave his son, citizen I. an apartment. Citizen I. lives in an official marriage with citizen Y. If a purchase and sale agreement were drawn up between father and son, the apartment would be the property of both spouses, since it was acquired during marriage. But the donation gives the right only to citizen I. to full possession of it, without the participation of citizen Yu.
3. If the owner has a share in the apartment, he has the right to give it to any person. This is his property. If he were to sell this share, he would have to have contacts with the co-owners regarding the right of first refusal.
4. Efficiency of concluding a deal. If, after signing the contract, a transfer and acceptance certificate of the property is drawn up, the new owner already assumes his rights.
5. The apartment can be given as a gift with an encumbrance. These are the persons registered there. They can be written out, even without the consent of these persons, but through the court.
6. If the agreement is concluded between relatives, then they will not pay tax to the state treasury. It is equal to 13% of an individual’s income.
   

   In all other cases, tax is paid. This is 13% of the value of the gift.

7. Ease of challenge.

Is the gift agreement terminated?

Termination of a deed of gift at the initiative of the donor is carried out only in court and if there are legal grounds:

• Deterioration of the financial situation of the former owner.
• Inappropriate handling of property by the gifted person, if this threatens its destruction or loss.
• Death of the gifted person, if this clause was specified in the contract.

As for termination at the request of the donee, such transactions are not contested in court - simply re-registration of documents in Rosreestr is sufficient.

Donation is unacceptable

Donation is unacceptable in the following cases:

1. The main condition for registering a deed of gift is that the donor has documents confirming ownership of the property. If there are no rights to dispose of the property, the transaction is impossible.
2. The deed of gift may not be drawn up due to the health status of the donor. The transaction is not concluded if the party donating the property suffers from a mental illness, is under the influence of alcohol or drugs, and cannot evaluate his actions and their consequences.
3. The donation procedure cannot occur if the donor requires some action from the donee in exchange for receiving the gift.
4. The transaction is not carried out if the agreement is concluded between the donor and an official (for example, the staff of a medical institution or a representative of the guardianship and trusteeship authorities).

The procedure for challenging a deed of gift

Citizens are often interested in the question of whether an apartment under a deed of gift is disputed after the death of the donee or donor. It all depends on the circumstances of a particular case. For example, persons interested in receiving an inheritance can apply for annulment of a transaction if the real estate could be included in the inheritance mass: children, grandchildren, wives, husbands. In this case, the degree of relationship of applicants for property must be taken into account.

Important! After a divorce, a husband cannot claim his wife’s personal property. An equivalent rule also works in the opposite direction: divorce means the termination of all obligations, incl. and property, if a petition for its division was not previously submitted within the established time frame. Former spouses retain only the obligation to raise and support their common children.

Who can challenge a deed of gift

If interested parties have information about the illegality of the transaction or other grounds, they can challenge the registration of the deed of gift. The circle of such persons includes any relatives, regardless of degree (only the order is taken into account), as well as ex-wives if the transaction affects the legitimate interests of a child common to the donor.

State and municipal bodies also have the right to appeal to challenge property transactions if they have learned of a violation of the rights of minors or incompetent citizens (representatives of guardianship or social protection authorities, etc.).

Grounds for challenge

In addition to how a donated apartment is inherited and whether it can be annulled, it is important to know the grounds for challenging:

• The donor being under the influence of alcohol or drugs at the time of execution of the transaction, incapacity. According to the law, transactions on behalf of incapacitated citizens are made on their behalf only by authorized representatives. Here you will need evidence: a court decision, audio or video recordings, witness testimony.
• Concluding a gift agreement under the influence of moral or physical pressure. In this case, after examining the evidence, the court will cancel the deed of gift, and the guilty person will be brought to criminal or administrative liability depending on the severity of the act.
• Absence of written consent to the donation from the second spouse, if the gift was made out of property acquired jointly during the marriage.

Important! When going to court to challenge, you will need any evidence, even indirectly indicating the illegality of the transaction.

Grounds for recognizing a deed of gift as void

A deed of gift is considered void if it is established that it was drawn up in violation and has no legal force. This usually happens in the following cases:

• The gift agreement is filled out incorrectly: the details of the parties or the item (gift) are not indicated; content of blots and errors that significantly distort information.
• The sham of the transaction: the donation was formalized, but in fact the real estate was not registered with Rosreestr. This occurs when the donor wants to hide his property status or prevent others from inheriting property.
• Pretense of the transaction: in order to be exempt from paying state duties and taxes on income, sellers act as donors, and buyers act as recipients.

The object of the deed of gift - what can act as a gift in 2021

The object of donation in 2021 can be any property rights or benefits that are not excluded from civil circulation!

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In addition, the ownership of an item donated free of charge must be registered in accordance with the laws in force at the time of the emergence of this ownership. This is especially true for real estate objects that have been completed or rebuilt, and their current plan differs from the previously approved one. Thus, real estate that does not comply with the documentation cannot act as an object of donation!

Lawyer's Note

We remind our visitors that a gift agreement can be not only real, but also consensual! Simply put, it can be in writing and contain a promise by the donor to carry out a transaction in favor of the donee in the future.

Also, do not forget that one of the fundamental norms when drawing up an agreement is a detailed indication in the content of the gift agreement of all the important characteristics and properties of the object of the gift, distinguishing it from other similar objects.

For example, if the gift is real estate, then, according to Part 2 of Article 572 of the Civil Code, the content should include:

• physical address of the object;
• its actual area (residential and non-residential);
• title documents for real estate, etc.

Time limits for challenging

It all depends on the specific circumstances:

• If the reason for the challenge is the bankruptcy of the donor, he is given six months from the date of execution of the contract.
• In other cases - three years from the moment the donor became aware of the violation of his rights.

If the donee exerted pressure on the donor, the period begins to count from the moment the illegal actions cease. If a citizen decided to challenge the transaction, but was unable to do so on time, he has the right to petition for the restoration of the deadlines through the court if there are good reasons why he did not appeal to challenge it in a timely manner: serious illness, living in another country, being on a business trip, lack of information on the alienation of property.

The deed of gift is issued on a gratuitous basis during the life of the donor. After his death, only his heirs can receive the property. A gift agreement with the condition of transfer of ownership only in the event of the death of the owner is recognized as void and has no legal force. If it is drawn up according to all the rules, and after registering the property the gifted person dies, his relatives will be able to transfer everything to themselves in the order of inheritance.

General introductory information

Every year, more and more Russians want to transfer their property or a certain part of it to their loved ones, observing all the necessary legal norms. At the same time, many of them want to transfer free of charge ownership of property only after their death, wanting to avoid problems with relatives and drawing up a will. There are no problems in cases where a person wishes to transfer property during his or her lifetime. A gift transaction is quite suitable for this.

The problem arises when the owner seeks to transfer the right to use the gift to others during his lifetime, but with the condition that ownership will pass to these persons only after his death.

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

Considering the numerous legal proceedings between heirs, as well as conflicts and “schisms” within families, the above-described desire of the owners is considered quite logical. After all, in this way, it is possible to improve the quality of life for certain individuals right now, without worrying that their rights may be challenged by other heirs in the future.

Let us immediately note that, according to the current legislation of the Russian Federation, not everyone can make such gifts! At the same time, the restrictions established by the legislator are, first of all, aimed precisely at protecting the rights of living owners of property benefits.

Thus, based on the information published in Part 2 of Article 17 of the Civil Code of the Russian Federation, a citizen receives the opportunity to participate in the role of one of the parties to the deed of gift (that is, is endowed with the ability to accept and transfer things) at the moment of birth, and loses these rights and obligations at moment of death.

Thus, the obligation to transfer property, which is formed when concluding a gift agreement, can only exist during the life of the donor. Simply put, the donee must have time to re-register ownership during the life of the donor! This is especially true for gifts that require, according to Part 3 of Article 574 of the Civil Code of the Russian Federation, mandatory state registration (such, for example, include a private house or vehicle). Otherwise, the party accepting the gift will need to defend its rights to it in court.

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The situation is complicated by the fact that when drawing up a deed of gift, the parties are prohibited from introducing into it any conditions relating to the acceptance of the gift after the death of the donor (Article 572 3 of the Civil Code).

However, there is a way out of this situation. But, for this, it is necessary to understand how donation “works” from the inside.

What is a deed of gift for an apartment

Civil law provides for options for transferring property free of charge. One of them is a gift agreement, with the help of which you can transfer the same apartment to the recipient with immediate or deferred transfer of rights to real estate.

Recently, people are increasingly trying to use a deed of gift as an analogue of a will if an apartment needs to be transferred to an individual who has no family ties. According to a gift agreement, one party gives certain property or property rights to another person free of charge.

In Russia, a deed of gift for an apartment after the death of the donor is not so common, and therefore has its own characteristics. In most cases, a deed of gift is used to transfer an apartment to an individual or organization during his lifetime. At the same time, it is important to be familiar with the deadlines for the implementation of the deed of gift, because in some cases property can be transferred into possession after death, and in others during life, thereby depriving oneself of the rights to own it. The donation agreement covers:

• transfer of property that belongs to the donor;
• transfer of rights to an item if it belongs to the donor;
• transfer of property rights to the property of a third party, that is, assignment in favor of the donee;
• exemption from fulfillment of obligations to transfer property from the recipient to the donor;
• exemption from fulfillment of obligations to transfer property to a third party in favor of the donee.

In all cases, a deed of gift is considered to be a gratuitous agreement from one party in relation to another.

From when does it come into effect?

How to dispute

After registering the right to an apartment in the Unified State Register of Real Estate, the only way to reverse the situation is to challenge the deal through the court. The right to contest after the death of the donor is acquired by the interested heirs. If the heirs believe that the apartment was removed from the property of the deceased illegally, as a result of deception or fraud, they should prepare for court.

First you need to choose a suitable basis for invalidating a transaction. According to the current Civil Code, the basis may be one or more facts:

• the donor did not understand the significance of his actions, and if there is a certificate of his mental illness, this is an almost 100% success of the challenge;
• the donee forced the donor into the transaction through threats, blackmail or abuse of trust;
• the donation was obviously a disadvantageous transaction for the donor, which the recipient knew about and took advantage of in bad faith;
• if in fact there was not a donation, but a purchase and sale, barter, loan or other transaction;
• the donor re-registered the apartment under a deed of gift in order to avoid administrative, tax or subsidiary liability for bankruptcy;
• the transaction is formalized in simple written form, although it must be notarized;
• the contract contains clauses on the provision of money, maintenance or other compensation in exchange for the apartment.

Attention! If the donor was in the hospital at the time of signing the contract, this cannot be an independent basis for canceling the transaction. It is necessary to prove that he did not understand what he was doing, or signed the agreement clearly to his detriment.

If a basis is found, you need to write a statement of claim, print it in three copies, attach documents and submit two of the three packages to the court. The employees will independently send the materials to the defendant.

the statement of claim can be found here.

As evidence you will need:

• documents for the apartment - extract from the Unified State Register of Real Estate;
• death certificate, papers on the relationship of the donor and heirs;
• copy of the deed of gift;
• other evidence;
• receipt of payment of duty.

The duty is calculated from the price of the apartment:

To save money, get a certificate of the inventory value of housing from the BTI. As a rule, it is lower than the market or cadastral value.

Read more about the procedure for challenging a deed of gift at this link.