What is the difference between a deed of gift and a donation contract? Registration of a donation agreement. Registration of dedication. Legal consequences of the donation agreement and possible problems of the parties to the transaction

At the same time, from the side former owner there should be no conditions for a new owner to order this gift.

Donation agreements are real and consensual, in this case, the first type implies direct transfer of a gift at the conclusion of the transaction. A consensual or contract of promise postpones the process of transferring ownership of a thing until a certain point is determined by the donor. The person who alienates the property usually sets a condition to the donee, and after this condition is fulfilled, the donee will transfer all ownership rights to the gift. Requirement not must bring personal property benefit for the alienated person.

It should be noted that the promise may simply be associated with any date that is not related to the parties, and may be timed to the identity of the citizen receiving the gift (wedding, anniversary, higher education).

When donation registration is required

Orally, you can conclude a deal when the legislation does not require written confirmation.

Written contracts are required:

1. If the donor is a legal entity, and the amount of the gift is more than 3000 rubles.
2. The contract contains Promise in future.
3. For alienation real estate.

At the same time, the state registration subject only to the transfer of ownership to not movable property... The contract itself does not need to be registered.

Registration of property rights to real estate is the introduction of records to the Unified State Register of Real Estate Rights (USRR). This procedure will be evidence of the existence of the right that was registered.

In order to re-register property rights to real estate, you need to apply to the registration authority ( Rosreestr).

It is necessary to collect a list of necessary documents, making sure that they comply with the requirements of the Federal Law of 21.07.1997 N 122-FZ "On state registration rights to real estate and transactions with it ”and, together with the application, submit them for registration.

Information

You need to have identity documents with you. If a representative acts on behalf of the person, then the power of attorney must be notarized. If an organization is a party, then it is necessary to provide the charter and other documents confirming the status of a legal entity. The representative must have a power of attorney to complete the transaction and register the transfer of rights.

Is registration of a real estate donation contract required?

Previously, the design of the gifting process took place in two stages:

1. registration contract donation.
2. registration transition ownership.

WITH 1 March 2013 year, according to Part 8 of Art. 2 of the Federal Law of 30.12.2012 N 302-FZ canceled registration of the following types of contracts:

• contract of sale residential premises. Their list includes residential buildings, rooms, apartments, etc .;
• contract of sale enterprises(Article 560 of the Civil Code of the Russian Federation), that is, an independent, organizationally separate economic entity with the rights of a legal entity that produces and sells goods, provides services and performs work;
• donation agreement real estate ;
• alienation agreement real estate on payment annuities(Article 584 of the Civil Code of the Russian Federation). Annuities are periodic payments that one person, the payer of the annuity, is obliged to pay to another person, the rent recipient, in order to obtain ownership of the property.

Subject to these changes, registration is subject to only transfer of ownership, and the contract itself not need to register. It comes into force from the moment of signing.

Additionally

Ownership rights to the donated object arise immediately after the state registration of the transfer of rights in Rosreestr. Now there is no need to register the contract itself, pay state fee for these actions, which is very convenient not only from a financial point of view, but also from the standpoint of saving time.

State registration of property rights under a donation agreement

The procedure for recording the transfer of rights to real estate is as follows:

• registration authority ( Rosreestr) takes Required documents and registers them;
• verification of the legality of the transaction and legal examination of documents are carried out;
• the presence or absence of contradictions between the existing rights to the object and the declared ones is checked;
• an entry is made in the Unified State Register of Rights to Real Estate;
• a certificate of registration of rights is issued or entries are made in documents of title.

From the moment of passing the last stage, the new owner becomes the owner of the gift in full and his rights can be challenged only in a court.

Application for registration of a donation agreement

Real estate transactions, as well as property rights to real estate, are registered with Rosreestr. If the rights to the property arose before 1998, it is the owner's choice to register it or not. Since before this year there was no statutory procedure for registration with the relevant authority. But these or those documents of title must still be available.

To complete the transaction registration procedure, you must submit statement with a package of documents attached to it. If a representative acts from one of the parties, then his credentials must be confirmed notarially a certified power of attorney.

Registration applications are mandatory shape and content... The forms are in the registering authority and on the Rosreestr website. The document is filled in by the applicant with his own hand or, at his request, by the registrar. The application is signed by the applicant in the presence of the registrar. If an application with a package of documents is sent by mail, then the signature on the application and the transaction for gifting the real estate object must be certified notary. A package of documents is sent by mail with an inventory, registered mail with notification and declared value.

The application is submitted to the only one a copy by a person alienating real estate.

Documents for registration of donation

In order to register a transaction for the transfer of rights to a gift, you must submit the following scroll documents:

• statement on the state registration of the donation transaction, in a single copy;
• receipt on payment of the state fee for registration actions.
• identity documents for individuals (including representatives), that is passport;
• constituent documents with all changes and additions (copies and original) for legal persons as parties to a contract, a certificate of registration of an organization, a document on registration with a tax authority;
• originals and copies of documents, confirming powers of a representative of an individual and / or legal entity. Moreover, in the power of attorney, there must be an indication of the commission and registration of the gift transaction;
• entitling documents confirming the donor's ownership of the object of the agreement;
• contract donation in the number of copies, one for each party and an additional one for the registrar;
• script plan living quarters, certified by the accounting authority and technical inventory real estate objects in the territory of the registration district. The original must be accompanied by notarized copies;
• reference on persons entitled to use residential real estate, indicating the existence of such a right. The documents must be certified by the responsible official for the registration of citizens at the place of stay and place of residence.
• cadastral plan land plot;

If the property is joint or a family member / registered person is a minor, you must additionally provide

• notarized agreement spouse for alienation;
• permission guardianship and guardianship authorities.

State duty for registration of donation in Rosreestr

From January 1, 2015, the size of the state duties for the services of Rosreestr have changed, for most of the registration actions, the payment has increased by one and a half, two times. The reason is the changes in the Tax Code.

Article 333.33 of the Tax Code of the Russian Federation determines the size of the duty for registration of rights to real estate. Under agreements on the alienation of real estate, the state duty is for individuals 2000 rubles, for legal entities - 22 000 rubles.

The parties themselves determine who should be charged with the payment of the state fee. To pay it, you need to specify the details at the registering authority, make the payment at the bank and provide a receipt with a photocopy to Rosreestr.

You can specify directly in the contract who will pay for the registration of the agreement.

Additionally

Norms tax legislation, in particular, Art. 333.35 of the Tax Code of the Russian Federation, summarizes privileges for selected categories citizens for payment of certain types of state fees. Persons recognized as the poor according to the standards of the RF LC. To implement this benefit, you must provide the relevant documents.

Terms of registration of donation

Legislation provides ten days for registration of donation of real estate. The reckoning comes from the day the parties filed an application to the registration authority and an entry was made in the register of incoming documents.

After the specialist of justice has accepted the package of papers, he issues receipt to the applicant (the donor, because it is he who submits the application), from the content of which it follows that the documents have been received and the timing of the registration of the donation transaction. The start and end dates are indicated.

During the specified period, the documents are checked for correspondence legislation and completeness of information. In case of doubt of the above provisions, a decision is made to suspend the period of registration actions for no more than 1 month. If the remarks are not eliminated, a refusal to register is issued, otherwise, a corresponding entry is made in the Unified State Register of Rights. The applicant can write a statement about prolongation registration period up to 3 months, in case of difficulties in eliminating comments.

Citizen Chaev N.D., being legally married to citizen Chaeva A.A., decided to present to his nephew Agafonov K.I. house, having received the consent of the wife. After submitting an application to the registration authority, after some time, I received a notice of suspension of the period for consideration of documents, because the consent of the spouse was not notarized. Since Chaeva A.A. left for several months for family reasons abroad, Chaev ND, appealed to the justice with a statement to suspend the registration of the gift transaction for 3 months. After the arrival of the spouse, the donor, having received notarial consent spouse, applied to Rosreestr with the renewal of the registration period.

Registration of donation of an apartment

Can be donated only privatized apartment , this is the main rule when disposing of an apartment. To complete the registration actions, it is necessary to collect the entire package of documents specified in the legislation.

Important

It is possible to give gifts only to those persons to whom the property belongs on the basis of the right of ownership. This means that the owner owns the rights to own, use and dispose of the transferred item.

If the person is not the absolute owner of the property, for example, the buyer of housing in an unfinished house, then he can only donate property rights for an apartment, with the stipulation in the agreement that the property will become property only after the completion of construction and obtaining a certificate of ownership.

In the contract, you must specify all the information and real estate: city, street, house number, apartment, number of rooms, area (total and residential).

Registration of donation of a land plot

Land is a specially protected object for the state and transactions with it are controlled. The process of giving a wide regulatory framework including Land Code and other legal acts. A gift in the form of a plot of land may be accompanied by appointment, if it belongs to agricultural land, etc.

Land is registered in general order foreseen Federal law from 21.07.1997 N 122-FZ. It should be noted that to register a donation agreement, among other things, you will need to have cadastral passports, indicating the boundaries, category, type of permitted use and area. If there is a house on the ground, then a separate title deed, a registration certificate and a technical passport must be provided for it.

Registration of donation of a share of an apartment

In case the apartment several owners, one of them can donate his share in ownership provided that it is highlighted. To do this, you do not need to take permission from the owners of other shares. If housing is located in joint ownership(as a rule, this applies to spouses), then the consent of the second owner will be required to complete the transaction.

The deed should indicate the number of persons living and registered in the entire living space. One owner can donate an apartment by dividing it into shares and giving each donee one at a time. At the same time, the contract will indicate all donees and the size share of each of them. All parties to the transaction will have to put their signatures on the document drawn up.

Attention

If there are several donees, then the payment of the state fee can be divided by the number of parties receiving the gift. In the event that one of the persons is exempt from paying taxes, then he can not pay his share. The rest of the participants in the transaction will have to deposit the amount of money according to their share.

Conclusion

Registration is the last a stage to re-register the rights to a gift. You do not need to perform any actions during the period of its passage, with the exception of the possibility of suspending the registration period due to errors in the documents. After completing the procedure, a full-fledged owner can dispose of the property at his own discretion.

Strict requirements are imposed on applications and other documents. It is forbidden make mistakes, abbreviations, inaccurate information about the gift, corrections. Documents, the number of which is more than two, must be bound, numbered and sealed by the issuing organization.

It is also necessary to draw up a contract correctly. If mistakes are made in it, registration actions will be suspended. This will lead to the fact that the moment of taking over the property will come later.

The parties to the agreement must know that in order to register the agreement, there is no need to notarize it, since this is not provided for by law. Accept gifts over 3000 rubles are only eligible for individuals and non-profit legal entities... Both individuals and any legal entity can alienate.

An important condition for registering a transaction is that the parties must be of legal age and legal capacity. Otherwise, acceptance of the gift will require the consent and participation of legal representatives in the gift process.

Information

Representatives of minors and incapacitated persons will not be able to alienate property belonging to their wards free of charge. In the case of limited legal capacity or minority (from 14 to 18 years old), these persons will be able to donate their property (except for ordinary gifts of small value) only with the consent of their parents or guardians.

Question answer

My aunt and I drew up a donation agreement and submitted it to Rosreestr for registration, but my aunt decided to make some changes to the agreement, is it possible?

Perhaps for this you need to submit to Rosreestr an application for the return of documents with a request not to register the transaction. Make changes and resubmit the contract.

My father gave me an apartment and we submitted documents and an application to Rosreestr, but the donor died. Tell me, now I can get the property only by way of inheritance?

it controversial issue and it is interpreted ambiguously in judicial practice. If besides you there are other heirs, then it is quite possible that you will have to defend your rights to this apartment in court.

The donation is effective way transfer of property, especially with the participation of relatives in the transaction. This format reduces paperwork and taxation. However, this operation is not clear for everyone and not in all cases. Therefore, various questions often arise, for example, about the timing of registration, validity, limitation period and challenging a deed of gift for an apartment. Consider the procedure for issuing and canceling a document. More about the document First of all, if there is no experience and knowledge regarding such documents, you should turn to the legislation, and an easier way - to a lawyer. And at the very beginning, it should be noted that the concept of "gift" in the legislation does not exist. Instead, a different wording is used - "donation agreement". Such a document is a confirmation of the transaction between the owner and the donee for the gratuitous transfer of property into possession.

Validity of the deed of real estate

There are a number of cases when the execution of a transaction is impossible, according to the Civil Code Russian Federation... Such cases include:

• Disability of the owner of the apartment. Guardians, representatives and other persons do not have the right to issue such tracks;
• Treatment of the owner in a social clinic;
• The donee is a specialist government agencies and is in the line of duty.

If for some reason the deed of gift is issued bypassing any of these conditions, then the court will invalidate it, and fraudsters will be prosecuted.
When deciding to donate an apartment or other property, the donor should think carefully about this step, because it will be very difficult to return the subject of such a transaction.

Is there a validity period for the deed of property

Attention

According to paragraph 1 of this article, the contract must include essential conditions. These include the conditions that are binding on the performance of the contract and defined in laws and other regulations... Each type of contract may include different essential conditions.

For a donation contract, an essential condition is data on the subject of the contract. If they are not indicated, the contract is considered null and void. The characteristic features of the thing or the features of the rights that are the subject of donation are described.

If there are deficiencies, they are also indicated. Important The term of the agreement does not apply to the essential conditions, therefore, the agreement can be drawn up without specifying the term for the transfer of the gift. From Art. 432 of the Civil Code of the Russian Federation, it follows that an agreement can be concluded only after an agreement has been reached between the parties regarding each of the points contained in the document.

Duration of the donation agreement for the apartment

Important

You will need

• - evidence of improper maintenance of the donated apartment / evidence of an attempt on your life by the donated (depending on the situation);
• - legal advice.

Instruction 1 If, wishing to improve living conditions relatives, you presented them with housing, and they began to lead a riotous lifestyle, turning it into a brothel, then you can cancel the donation of an apartment. A donation agreement can only be terminated through a court. According to article 578 of the Civil Code of the Russian Federation, improper treatment of an apartment can serve as a basis for canceling a deed of gift. 2 But do not rush to compose statement of claim... First, collect the evidence base. Find photos of the apartment before the donors move in, where the living space has a well-groomed appearance, good repair.

Then provide a photo of the current deplorable state of housing.

Terms of performance of the donation contract

Inheritance law ›Donation› The donation is considered valid (comes into force) after state registration. From this moment on, the term of the deed of gift for the apartment is unlimited - that is, this document has no framework in the time period. According to chapter 32 of the Civil Code of the Russian Federation, a donation is an irreversible transaction that can be canceled only in judicial procedure, and has no statute of limitations.
A deed of gift for an apartment must be registered in the state register of real estate objects. Only then does it gain legal force, and its validity period becomes unlimited. In the event of the death of the donee, his relatives do not have the right to inherit the apartment received by him as a gift, unless otherwise specified in the donation agreement.

How long is the deed of the property?

After registration, the transaction is considered completed: the gift passes into the possession of the donee with all legal and financial commitments... Registration with a notary The correct solution would be to draw up a contract in a notary office. The lawyer will explain all the nuances of the transaction, help write the text in order to avoid inaccuracies in the interpretation.
This will require the following documents:

• Passports of both parties;
• Land / house / apartment documents;
• Certificate of ownership;
• Cadastral passport of the object;
• Extract on the absence of arrests, debts (from the USRR);
• If the donor is married, the written consent of the spouse is required for the donation of the jointly acquired property.

The conclusion of an agreement is possible only in the presence of both parties: they must put their own signatures. Otherwise, the donation is considered null and void.

The duration of the deed

If you certify a donation agreement for a car at a notary, you will need to pay a state fee in the amount of 0.5% of its value, if you donate a car to children, spouse, siblings, parent; 1.5% - when donating to any other person. In this case, the cost of the vehicle is taken from the certificate that you provide to the notary. The certificate is drawn up based on the assessment of the vehicle by independent appraisers.

3 The person to whom the car will be transferred is obliged, after taking over ownership (the moment of state registration of the vehicle), to pay property tax. 4 Indicate in the contract the personal data of the donor and the donee, as well as the main characteristics of the car: body number, engine number, title document. Indicate who bears the costs of completing the donation agreement. The contract is signed by both parties to the transaction.

Duration of the deed of gift for the apartment

It can be concluded that a property donation agreement concluded without official registration is considered a project one and without going through the above procedure, in fact, does not prove the fact of transferring the gift from hand to hand. At absolutely any moment, the donor can change his mind and withdraw the once donated property from the jurisdiction of its new owner. 4 It is interesting that a specific period of validity of the gift certificate can be provided for in the certification document itself, for example, in cases where the donor has outlived his donee, the gift can quite legally return to its former owner. 5 There are cases of early termination of the donation agreement, such incidents may arise if the donor proves the fact of an attempt on his life by the donee, clearly demonstrates a picture of “blatant ingratitude”.

What is the validity period of a deed of real estate?

The term of the deed of gift for the apartment can be challenged either by the donor himself (Article 578 of the Civil Code of the Russian Federation), or by the person done by him. The limitation of the term of the deed of gift for the apartment can be specified and determined in the contract itself by any party (or both parties) additionally. The validity of the deed of gift can be challenged by one of the parties or his heirs, if the contract was drawn up legally incorrectly, about which there is irrefutable evidence (Art.
168 Civil Code of the Russian Federation). In this case, the contract can be challenged, but only in court. It is possible to change the term of the agreement in case of challenging the most dedication in the event of the occurrence of the cases specified in Article 578 of the Civil Code of the Russian Federation. If the deed of gift for the apartment was not registered in the period that preceded the death of the donor, then the transaction is considered invalid (Article 572 of the Civil Code of the Russian Federation).

Terms of a deed of gift for an apartment: how long is the document valid

So that people who are careless with the donated apartment could not write off the damaged repairs on any external forces (flooding, the dilapidated state of the house, etc.), tell the court about their socially dangerous lifestyle. Invite neighbors as witnesses for the prosecution, who watch their fights day after day. For completeness, also ask your local precinct for a description.

Taking into account the above evidence, the court declares the donation contract null and void. 4 Another situation is also possible. You donated your apartment to your loved ones, verbally agreeing that even after the transfer of housing to them, you will live there. But having taken possession of the apartment, the gifted decided to get rid of you once and for all. In this case, the Civil Code is also on your side. Record injuries, write a statement to the police.

How long is a deed of gift for an apartment

Info

You can make a donation of a car, even if you do not own it, but use it under a general power of attorney. It must contain the subject of donation (car body number, engine number, VIN, etc.) and the donee, i.e. to whom the car will be transferred. 6 The donation agreement is not subject to state registration, but vehicle must be registered by the new owner within 5 days. Pay attention The donation of a car that is in common joint ownership is allowed by agreement of all participants in joint ownership (cl.

2 tbsp. 576 of the Civil Code of the Russian Federation). A deed of gift is one of the easiest ways to transfer property rights from one person to another. But negative point such an agreement is that it is very difficult to terminate it.

According to the law, a donation is a two-way transaction concluded by the donor (owner of the gift) and the donee (the one who receives the property). The difference between a gift from a will and a sale is that the gift immediately passes into the use of the donee. An important condition of the contract is gratuitousness, that is, the gift is donated free of charge, on a voluntary basis. If there is a return transfer of some property or Money, the donation is considered to be a void or sham transaction. According to the law, a gift worth less than 3 thousand rubles can be transferred to the donee without drawing up a donation agreement.

Duration of the donation agreement for the apartment

Only then does it gain legal force, and its validity period becomes unlimited. In the event of the death of the donee, his relatives do not have the right to inherit the apartment received by him as a gift, unless otherwise specified in the donation agreement. The term of the deed of gift for the apartment can be challenged either by the donor himself (Article 578 of the Civil Code of the Russian Federation), or by the person done by him. When it is possible to dispute the term The limitation of the term of the deed of gift for the apartment can be specified and determined in the contract itself by any party (or both parties) additionally. The validity of the deed of gift can be challenged by one of the parties or his heirs, if the contract was drawn up legally incorrectly, about which there is irrefutable evidence (Art.

Duration of donation consent

the term of validity of the power of attorney if the term is not specified in it - a year. you can write no more than 3 years. and a statement or consent is not urgent! Expensive - yes cute! Cheap - but rotten. I liked the message: realtor97 wrote: a statement or consent is not urgent!

They are not, but the UFRS looks askance at it.

Terms of a deed of gift for an apartment: how long is the document valid

Consider the procedure for issuing and canceling a document. More about the document First of all, if there is no experience and knowledge regarding such documents, you should turn to the legislation, and an easier way - to a lawyer. And at the very beginning, it should be noted that the concept of "gift" in the legislation does not exist.

What is the validity period of the Gift?

At the same time, the applicant pointed out that the transaction had not been registered in the BTI on time. In its refusal, the MORP indicated that the registration of the agreement in the USRR cannot be carried out after the death of one of the parties to the agreement, since in accordance with paragraph 2 of Art. 17 of the Civil Code of the Russian Federation, the legal capacity of a citizen is terminated in connection with death. Accordingly, the transfer of ownership of the apartment cannot be registered either.

Registration of a deed of property

The concept of "gift" is an invented one and, in fact, there is no decoding of this category in any encyclopedia or legislation of the Russian Federation. There is the concept of "donation agreement", which is meant by the above word.
A donation agreement is an agreement according to which one party (donor, owner) transfers or undertakes to transfer in the future to the other party (the donee) property (as a gift) into ownership free of charge.

A real estate donation agreement is a type of two-way transaction when one party transfers the property to the other. Subject to the rules of registration of a deed of gift, termination of the contract is impossible even in court.

Of the features of such an agreement, two main points can be noted. Gratuitousness of the transaction - when concluding the contract, the donor waives the claims for the property being donated. In addition, the donor cannot demand material reward or the provision of reciprocal services.

The second condition is the acceptance of the donated property. The deal is voluntary, so coercion to accept the gift is contrary to Russian legislation... However, this is far from all that a citizen needs to know about a donation agreement. Key points such a transaction, we will consider in this article.

When is giving used

Any citizen of the Russian Federation can draw up a real estate donation agreement. Such transactions are a good alternative to bequest or buying and selling real estate between relatives. You can donate any property that is owned by the donor. Let's analyze the advantages of a donation agreement based on specific examples.

If the property is inherited, applicants must wait 6 months before entering into legal rights. In addition, regardless of the presence of a will, inheritance implies minor children and disabled close relatives.

The gift deed comes into force from the moment of registration of the contract and is not included in the divisible property mass upon divorce. In fact, it is the best option transfer real estate to the ownership of a specific person, excluding the claims of other relatives.

The conclusion of a sale and purchase agreement between relatives implies the payment of 13% tax. An exception to this rule is the situation when the property has been owned for more than 5 years.

The donation does not provide for such a tax, and accordingly, it will be possible to significantly save on the registration of the transaction. Please note that the tax is not charged only when making a donation to close relatives.

Design features

The real estate donation agreement can be drawn up independently or you can use the services of a notary. You can download a sample contract valid for 2018 at this link:

Please note that it is necessary to exactly comply with the form of filling out the contract, a discrepancy in at least one letter may result in a refusal to register. Please note that the registration of the contract is a prerequisite, without this procedure, the document will have no legal force.

The following factors are grounds for termination of the contract:

• the papers include property belonging to a minor or incompetent owner;
• employees of medical or general education institutions where the donor's relatives study / are being treated are the gifts;
• an official of local or federal importance acts as the gifted;
• property is donated without the consent of other owners.

If the above conditions are met, you can proceed to the registration of the dedication. Regardless of the property transferred as a gift, the following points must be spelled out in the document:

1. The essence of the contract being drawn up, with technical description subject passing into a gift.
2. Date and place of the transaction.
3. Passport data of the parties to the agreement.
4. Written confirmation that the transaction is voluntary. In addition, we recommend that you attach a certificate confirming the sanity of the donor.
5. Signatures of the parties.

In addition to the required sections, you can include a clause on who will bear the cost of processing the document. By default, the material side of the costs is borne by the gifted, but by agreement of the parties, the costs can be divided.

Alternatively, you can specify additional conditions to the dedication. For example, that the donor can live in the donated apartment, or the donor will be able to dispose of the property upon marriage.

Please note that if the property transferred as a gift has encumbrances, this must be indicated in the contract. According to the current legislation for 2018, the encumbrances are transferred to the donated along with the ownership.

Where to draw up a contract

In order for the donation agreement to enter into force, it must be registered with Rosreestr. For this, the parties indicated in the document must appear at the territorial office of this organization with personal documents.

If a deed of gift is drawn up through a notary, this procedure falls on the shoulders of a lawyer. Please note that the deed of gift is drawn up in several copies, one for each participant in the transaction.

In addition, the donor must submit documents of title to the property donated. The package of documents is supplemented by the written consent of other owners (if any), extracts from the EIRTs and the house register.

The deed takes 10 days to complete. On the specified day, the parties to the transaction are at Rosreestr and receive a copy of the agreement in their hands. The gifted person receives documents of title to the property.

Please note that termination of the contract is possible within a strictly defined time frame. For 2018, this is 12 months from the date of entry into force of the document. Termination of the contract is also possible in cases where the donor threatens the donor.

A donation agreement between relatives excludes the collection of 13% tax. However, paperwork involves certain costs. For example, the re-registration of ownership costs 2,000 rubles in 2018. In addition, if the donation is issued to a stranger, the tax will have to be paid.

When registering papers with a notary, close relatives pay a fee of 0.3% of the value of the property donated. Those who are gifted with no ties of kinship with the donor pay 1% of the cost. In addition, you will have to pay for the services of a notary for the execution of the document.

Still have questions? Write your question in the form below and get a detailed legal consultation:

The legislation provides for several ways of transferring real estate from one person to another. It could be regular sale, inheritance by will, inheritance on a general basis, etc. In many cases, owners prefer to resort to donation. Let's figure out what kind of contract it is, and what is the duration of the deed of real estate.

What does the donation contract provide?

There are many reasons why a person chooses to transfer their apartment or other property through donation, for example:

The subject of the transfer can be any real estate - a house, an apartment, land plot; movable property, for example, a vehicle, or some specific rights that are not tied to a person's personality. It is worth noting that the subject of the transaction may also be the fractional ownership of any real estate.

In the event that a person does not want the division of property between relatives, a deed of gift is a more acceptable option than a will. The legislation provides for the categories of people who have the right to inheritance, regardless of the last will drawn up. Such people include incapacitated and disabled people who were dependent on the testator for more than one year.

When drawing up an agreement on the transfer of ownership of the agreed apartment or other real estate, it passes to the donee immediately after the conclusion of the contract and its registration in the Federal Register, therefore the apartment is excluded from the estate.

Registration of dedication

Legislation allows two forms of drawing up a document - independently or with the help of a notary. General arbitrage practice recommends contacting a notary or an authorized lawyer to draw up a donation agreement for an apartment, as this process is rather complicated. The final document must be free of factual, lexical, syntactic or grammatical errors.

In addition, each agreement has a number of conditions that may bring non-property benefits to the donor, for example:

• The right to live in an apartment until the end of life;
• Special care received from the donee;
• Conditions for cancellation of a deed of gift in case of inappropriate behavior of the donee, etc.

A person who does not know the legislation will simply not be able to foresee all the nuances when drawing up such a document.

A donation agreement for an apartment or other real estate is certified in a notary office tied to the area of ​​housing registration.

The duration of the deed

Many people are concerned about the question of how long such an agreement is valid, and what to do after the term of the deed for real estate has expired. A real estate donation agreement must be registered with Rosreestr, otherwise the new owner simply will not take over the ownership of the apartment. The validity of the registered real estate gift is unlimited. It does not require renewal, renewal, payment of additional fees, etc.

In this case, the deed of dedication can be canceled:

• the person being gifted of his own free will;
• the donor, if there are reasons provided for by law, for the cancellation of the gift;
• a court decision if the legality of the donation agreement is challenged by the donor's relatives.

The last point is another reason why it is worth drawing up a deed of gift with a notary. An authorized person will be able to confirm that the donor was fully competent and performed all actions voluntarily. In addition, there will be no doubt about the correctness of the donation.

In the event that the donation agreement has not been registered with the Rosreestr authorities, and the donor has died, then such a transaction is considered invalid, since it was not completed. The gift in such a situation does not have a validity period and is canceled.

If the transaction has been registered with the authorities state register, but first the gifted person died, then the donor has the right to take the property for himself, if such a condition is provided for by the concluded agreement.

Otherwise, the apartment is included in the hereditary mass of the gifted.

There are also situations when an agreement is drawn up, both parties are alive and in a state of full legal capacity, but for some reason they do not register the agreement. It is worth remembering that the period of validity of the donation of an apartment before registration is 3 years.

After the lapse of three years will have to draw up a new donation agreement. At the same time, during the agreed period of time, the ownership of the apartment remains with the donor.

Deferred gift

A special type of agreement between the donor and the donee is a donation, which is not fulfilled immediately, but upon the occurrence of any condition provided for by the contract.

These conditions include:

• the onset of a specific date for the transfer of property rights from one person to another;
• fulfillment of any condition of the contract (graduation from the institute, birth of a child, adoption of a child and other conditions that do not carry material benefits for the donor);
• the onset of an event (including the death of the donor).

Such a donation for real estate is valid indefinitely, but the beginning of its action will be limited by the agreed period or condition.

Challenging deadlines

The term of the donation agreement can be challenged by any person in the following cases:

• The official paper is wrong;
• There is a suspicion that the deal was made under pressure, blackmail, threats, etc .;
• There is confirmation of the fact that the donor was incapacitated at the time of the transaction;
• There is evidence of the fact that the gifted person committed a crime against the other party to the transaction - caused harm to his health or the health of his next of kin;
• As a result of the concluded transaction, the donating party received property profit, which is prohibited when the donation contract is drawn up.

Any challenge procedure is carried out through a trial with the participation of the plaintiff, the defendant and the notary who executed the deed of gift.

Impossibility of registration of the transaction

There are a number of cases when the execution of a transaction is impossible, according to the Civil Code of the Russian Federation.

Such cases include:

If for some reason the deed of gift is issued bypassing any of these conditions, then the court will invalidate it, and fraudsters will be prosecuted.