Model agreement for the donation of an apartment, 2021, 2022 - Agreement for the donation of real estate and other valuables

Document year: 2019

Document group: Real estate contracts

Type of document: contracts

Download formats: DOC, PDF

If you want to give an apartment to your loved one as an official gift, then an apartment donation agreement between close relatives in 2021 is required for registration.

If you plan to transfer valuable property from one owner to another free of charge, such an agreement is required. Otherwise, the deal has no legal force. A sample agreement for the donation of an apartment in 2021 is established in simple written form.

How a deed of gift is drawn up, what types of agreements there are, and whether such an action can be canceled by law - we will find out in the article.

Read the publication - at the end there is expert advice, as well as an example of an apartment donation agreement between close relatives in 2019.

Apartment donation agreement

Moscow city, January 1, two thousand and nine.
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 female, 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. IVANOV IVAN IVANOVICH donated free of charge to PETROVA MARIA IVANOVNA an apartment belonging to him by right of ownership, located at the address: Moscow city, street, house, building, apartment , consisting of 1 (one) living room, with a total area of 40.0 (forty point and zero tenths) sq.m., living area 16.6 (sixteen point six) sq.m.

2. The apartment at the above address belongs to the Donor by right of ownership on the basis of the apartment donation agreement 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 apartment is valued by agreement of the parties for the amount of 100,000 (one hundred thousand) rubles 00 kopecks.

4. I, PETROVA MARIA IVANOVNA, for myself an apartment located at the address: Moscow city, street, house, building, apartment , as a gift from IVANOV IVANOVICH - I accept.

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

6. On the day of signing this agreement, the Donor was registered in the specified apartment - IVAN IVANOVICH IVANOV.

7. From the moment of registration of this agreement with the Office of the Federal Registration Service for Moscow, the Donee acquires ownership of an apartment located at the address: Moscow, street, house, building, apartment .

8. After the state registration of this agreement, the Donee assumes responsibility 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.

9. The transfer of the gift will take place after registration of this agreement in the Office of the Federal Registration Service for Moscow by transferring from the Donor to the Donee .

10. 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.

11. The Donor guarantees that before the conclusion of this agreement, the apartment alienated under this agreement has not been sold to anyone else, not given as a gift, not mortgaged, is not in dispute, is not under arrest or prohibited.

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

13. 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.

14. 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.

15. This agreement is drawn up in three copies, one of which is stored in the Office of the Federal Registration Service in Moscow, one copy is issued to the Donor and one copy to the Donee.

SIGNATURES OF THE PARTIES:

____________________________________________________________________________________________

IVANOV IVAN IVANOVICH

____________________________________________________________________________________________

PETROVA MARIA IVANOVNA

Download the document “Standard apartment donation agreement”

Peculiarities

The specificity of the contract lies in its gratuitousness, established in Art. 72 of the Civil Code of the Russian Federation: the second party (the donee) does not receive any counter security. If, according to the terms, it is assumed in any form, such a transaction may be declared invalid or reclassified as a purchase and sale.

There are requirements that the form of the agreement for the donation of an apartment as real estate must meet. In accordance with Art. 74 of the Civil Code of the Russian Federation and based on the context of current legislation, the transfer of ownership in this case requires state registration. Therefore, it is necessary to conclude a gift agreement in writing so that there is a documentary basis for registration. In some cases, notarization is required (Article 42 of Federal Law 218 of July 13, 2015) when transferring a share in property as a gift.

It is necessary to pay income tax on the value of the gift as income received. This is not required only if the citizen accepts the gift from a close relative. The law does not specifically indicate how to draw up an agreement to donate an apartment to a close relative; the registration process is no different from the usual one. The document can indicate the degree of relationship and provide evidence confirming this fact.

State duty

The Tax Code of the Russian Federation contains a list of persons exempt from paying tax for receiving property as a gift. It includes:

Spouses;
Children and parents;
Brothers and sisters;
Grandsons and granddaughters;
Grandmothers and grandfathers.

Other relatives, as well as non-relatives, must pay a tax of 13% of the value of the gifted property.

Donating an apartment between close relatives: an alternative to inheritance?

Payment of tax on donating an apartment to a relative

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Structure

The conditions for how to fill out a gift agreement are determined by the parties by mutual agreement. There is only one essential condition: the item must be specifically described so that no errors arise during identification.

Standard components of any contract:

a cap identifying the donor and recipient, indicating their surnames, first names, patronymics and titles, dates and places of imprisonment;
the name of the document itself;
definition of the subject, apartment, indicating its address, area (separate living space), number of rooms;
rights and obligations of the parties (according to the extract, for example, if the donor is still registered in the apartment);
liability for violation of conditions;
determining who bears the costs of registration;
details and signatures.

Apartment donation agreement between close relatives - Sample, 2021 form

Apartment donation agreement

Peculiarities

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State duty

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Structure

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