How to draw up a preliminary agreement for donating a share of an apartment to a minor child. Sample document and its contents

Today, the legislation of the Russian Federation provides for several options for transferring ownership of a car. Most often, car owners transfer a vehicle (VV) by drawing up a purchase and sale agreement (SPA) for the vehicle. However, this method is not very profitable, since when registering a DCT, the car owner has to pay a considerable amount of the corresponding tax.

One of the options for avoiding taxation when transferring a vehicle is to draw up a gift agreement. How to draw up such a document and what nuances associated with the preparation of this document will be discussed further.

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Why do you need an agreement to donate a share of an apartment to a minor child?

An agreement to donate a share of an apartment to minor children is a fairly common agreement, so probably, at least in theory, you have all already encountered a similar document.

If this is your first time encountering such an act, we will try to enlighten you.

A contract is an agreement between two parties, one of which donates real estate, absolutely free of charge. The other side accepts this gift, but does not give anything in return. In a situation where the recipient is a minor, certain nuances and difficulties arise.

Arbitrage practice

Courts rarely satisfy the claims of plaintiffs who want to invalidate gift agreements and return property.

But there are also examples of decisions in real cases where people managed to get their property returned:

• Decision No. 2-3152/2019 2-3152/2019~M-2060/2019 M-2060/2019 dated June 4, 2021 in case No. 2-3152/2019;
• Decision No. 2-1752/2019 dated May 8, 2021 in case No. 2-5218/2017;
• Decision No. 2-1472/2019 2-1472/2019(2-6977/2018;)~M-6930/2018 2-6977/2018 M-6930/2018 dated June 5, 2021 in case No. 2-1472/2019 .

Advice: it is better to hire an experienced lawyer in advance who will help you get the deed of gift cancelled. Without a competent legal justification, courts rarely satisfy demands.

Is a preliminary agreement for donating a share of an apartment to a minor necessary?

Let's talk about the preliminary gift agreement. This term is very popular and relevant in a situation when we are talking about a gift directly to a minor. So let's talk about the situation in which it should be drawn up.

A preliminary donation agreement or a draft agreement for donating a share of an apartment to a minor child is drawn up so that the parties have the opportunity to make any adjustments, and also, if possible, edit it.

In addition, you need to remember that a preliminary gift agreement allows the parties to familiarize themselves with all the nuances of the transaction.

So, for example, the donee can learn more about housing, or more precisely the property that becomes his property, and the donor will be able to familiarize himself with the nuances that, one way or another, accompany the procedure for transferring real estate to a minor.

IMPORTANT: A preliminary donation agreement can be provided to the guardianship and trusteeship authorities. Representatives of the authority will review such an agreement and, if necessary, add their own nuances to it.

In a situation where it is drawn up correctly, employees of the guardianship and trusteeship authority will give their recommendations.

Such an agreement for donating a share in an apartment to children allows them to test the waters, and if it turns out to be successful, subsequently sign it in the presence of a notary. The law does not oblige you to enter into an agreement, and most importantly, to draw it up in principle.

However, if you want your transaction to go through according to all the rules, and no force majeure circumstances arise during the conclusion process, then treat such a transaction with due attention, observing all the nuances. Perhaps drawing up a trial agreement will be a great experience for you, as well as an impetus to correct some points.

Preliminary agreement for donating a share of an apartment to a minor, sample.

Who and where can draw up such a document?

The legislator does not oblige you to draw up an agreement for donating a share to a minor with any authority.

You can try to draw up such an act yourself, but be prepared for the fact that you will encounter a number of difficulties and nuances.

If you want to avoid them, especially if you are afraid that you will not draw up the agreement entirely correctly, then you can contact a lawyer. A professional lawyer will help you properly draw up the act. In a situation where you want to draw up an agreement and have it certified immediately, you can contact a notary.

It is he who has the authority to not only participate in the preparation of documents, but also to sign it, thereby giving it legal force.

REFERENCE: Well, as we have already said, the law does not prohibit you from trying your hand and trying to draw up an act yourself. However, in order to compose it correctly the first time, do not be lazy and study all the necessary nuances.

To do this, read the agreement forms on the Internet. Agreements for donating a share of an apartment to minor children can be found in one of the sections of this article. With due diligence and commitment, you will definitely succeed.

Gift deed for an apartment - features you need to know about

What papers need to be prepared for this?

In order to help you draw up such an agreement, you need to provide some documents that will help in the preparation. First of all, it is necessary to provide papers that verify the identity of the donor and the recipient.

And since the donor is an adult, he provides a passport, and the recipient a birth certificate.

Next, you need to provide documents that, one way or another, characterize the real estate, or rather the share that the donor alienates in relation to the donee. Ownership documents are required, as well as technical documentation.

It is necessary to provide a certificate stating that the share does not have any debts to pay for utility services.

Next, you must provide a receipt indicating payment of the state fee. Additionally, the person who draws up the agreement, namely a lawyer or a notary, may require papers from you that will help them verify certain facts. Your task is to strictly follow their instructions so that the procedure is completed quickly.

Contract form

The basic requirements for the form of a gift agreement are presented in Article 574 of the Civil Code. It depends on the type of contract, its parties, as well as the subject of the gift. The real contract of gift, which is made by transferring property to the donee, is concluded orally . The exceptions are contracts in which:

• the subject of the donation is real estate that requires state registration of property rights;
• The donor of movable property worth more than three thousand rubles is a legal entity.

Attention

Such transactions must be concluded only in writing . In addition, contracts containing a promise of donation in the future (consensual) require written form.

Separate requirements for the form of a gift agreement are contained in Articles 389 and 391 of the Civil Code, when the subject of the gift is a property right in relation to a third party (assignment of a claim) or release from a property obligation to a third party (transfer of debt).

Assignment of a claim or transfer of debt, which are based on transactions completed either in simple written form or subject to state registration, are made accordingly, either in simple written form , or registered in the manner established for such transactions.

How to draw up an agreement for donating a share of an apartment to children: sample and subtleties of the procedure

Document form – is there a standard one? Which? Is the contract completed in writing or in block letters?

If you nevertheless decide to write a contract yourself, then you need to familiarize yourself with the rules that apply to each of such acts.

First of all, you need to know that this agreement is drawn up on an A4 sheet.

There is a single pattern that is distributed throughout Russia. You can download it on the Internet by entering the phrase “donation agreement form” in a search engine or download it from us.

Form of agreement for donating a share of an apartment to minor children.

Speaking of drafting. You can draw up an agreement for donating shares in an apartment to minor children on a computer, and you will only need to insert the necessary information into the form. You can also write this document by hand yourself. But in this case, you need to know that you must use black or blue ink, and the agreement should be drawn up in block letters, if possible, and at the same time, understandable.

In no case should you make spelling mistakes, as if there are any, the registration authority staff will not accept the documents in vain. If you are printing an agreement for donating a share in an apartment to a minor child on a computer, then you should be aware that it must be printed in a standard font, and the letters should not exceed size 14.

IMPORTANT: When drawing up an agreement, take into account the fact that it must correspond to the existing template. Non-compliance may become grounds for non-acceptance of the contract. Also remember that a detailed contract should be concise and drawn up in a clear hierarchy of all points.

At the end, you can list all the attached documents, which will help you in the future to navigate what papers you provide to the registration authority.

What must be specified?

Let us dwell in detail on the clauses of the contract, since you probably have no idea in what sequence they occur. First of all, information is provided about which parties are participating in the agreement. In accordance with identity documents, information about the donor and recipient is recorded.

The next paragraph is a description of the subject of the agreement, or rather the share in the real estate.

Based on documents that, one way or another, characterize its technical condition, a description is drawn up.

It will include quadrature, features, as well as assurance that there are no encumbrances on the share.

The following sets out the rights and obligations of the parties. The donor has the right to freely transfer the share and hope that the donee will maintain it properly. His duty is to transfer the share that corresponds to the description in the agreement.

The recipient, in turn, accepts the gift, but is also obliged to implement its appropriate content.

Then situations are spelled out in which the agreement can be terminated due to the fault of one or both parties, and also, if possible, changed. The next point is the grounds for liability.

Situations are prescribed in which persons may be subject to administrative or other material liability. Then, if the parties have additional requirements for each other, they will also voice them.

REFERENCE: The following is a list of documents that were also attached, dated and signed by the parties. Of course, depending on exactly how you draw up the contract, as well as what specific requirements the parties have for each other, the drafting options may vary.

Sample agreement for donating a share in an apartment to a minor child.

Other Features

Since a minor is a person who is simply under the age of 18, this means that you cannot transfer the property to him.

Well, what to do in this case?

Any minor until the age of 18 has a legal representative.

This legal representative gets acquainted with the text of the agreement, determines to what extent it provides for the rights of a minor, in the event that certain conditions infringe on the rights of this person, and requires changes to the clauses of the agreement.

Also, the legal representative, if everything suits him, signs the agreement, and this means that he acts on behalf of the minor. However, it is not only the legal representative who decides whether to accept the contract or not. Thus, a representative of the guardianship and trusteeship authority also participates in the execution of the transaction.

IMPORTANT: This person ensures that all the interests of the minor are taken into account. In a situation, if he is not satisfied with something, you may be required to eliminate the shortcomings, or they will simply offer you to refuse the deal.

After all authorities have checked the drawn up agreement for donating a share in an apartment to a child, it is signed by the legal representative, and from that moment on it can be considered legally.

It is important to note the fact that if one of the owners does not agree that the donation procedure is being carried out in relation to a minor, then the transaction cannot take place. Unfortunately, this rule is written in the law, so it cannot be violated. This is one of the most important conditions for the transaction.

Lawyer's answers to frequently asked questions

Who pays taxes when donating a room?

If the room is donated to a close relative, taxation does not apply (Article 217 of the Tax Code of the Russian Federation). The rest of the donees who are not relatives of the donors (spouses, sisters, brothers, parents, children) pay 13% of the cadastral value of the donated property.

Is it possible not to contact a notary when donating a share?

No, Rosreestr will not accept an agreement without notarization.

How much does it cost to draw up a deed of gift from notaries and lawyers?

Notaries usually charge from 5,000 to 20,000 rubles for technical work. depending on the region. For lawyers, such a service will cost 2,000-5,000 rubles.

There are two owners in the apartment, one is a minor child. Can the second person donate his share without the consent of the guardianship authorities?

Maybe guardianship permission won't be required.

Is it possible, instead of a purchase and sale agreement, to draw up a deed of gift for a room in a communal apartment, so as not to require the consent of the other owners?

In theory, this is possible, but according to the law, such an agreement can be declared invalid on the basis of Art. 170 Civil Code of the Russian Federation. The transaction is considered sham, i.e. committed to cover up another transaction.

Registration

The gift agreement can be drawn up within a period that does not exceed one day. The most important thing is that permission to perform it is obtained.

Next, you need to remember that it is also necessary to register such an agreement.

Lack of registration is grounds for considering this agreement invalid.

Therefore, treat the registration procedure with due attention.

We hasten to note that it is also impossible to register this agreement with a minor. Therefore, it is necessary to seek the help of a legal representative.

It is he who must appear at the registration authority, namely Rosreestr, where he will carry out the responsible procedure. To do this, it is necessary to provide documents that indicate the conclusion of the contract, or rather the contract itself, title documents, namely a certificate of ownership, as well as papers that relate to technical documentation.

Some of the required papers include permission from other owners to carry out the transaction, as well as a receipt for payment of the state duty. The contract and package of documents are reviewed, and documents evidencing the identity of the legal representative are accepted.

ATTENTION: If Rosreestr employees do not have any questions, the documents will be collected for a period of 10 to 15 working days. During this time, a certificate of ownership of the minor will be issued, but the person will be able to dispose of his new property only upon reaching the age of 18.

At this point, the transaction is considered completed, but still, as a result of registration, questions may arise that, one way or another, may become problematic for you. We hope that this will not happen to you.