With the emergence of the right to private ownership of real estate in Russia, the right to dispose of it, guaranteed by the Constitution of the Russian Federation, appeared. Any owner is free to dispose of the property belonging to him at his own discretion: to sell it, bequeath or donate it, having issued the appropriate document.
The ownership of real estate guarantees not only that you can dispose of it as you see fit, but also that you can also sell, bequeath or donate it to anyone, regardless of the degree of relationship, even to a stranger, even if you are his first see. But the donation agreement has its own nuances. After it is signed and undergoes state registration, the donated property is subject to alienation in favor of the gifted person and it will be almost impossible to challenge this transaction for you.
In addition, for the gratuitous donation of this property, your only desire is not enough - this is a two-way deal and the duty of the donor is to accept this gift. Since the donated property, according to the Tax Code of the Russian Federation, is considered income received, the lucky one who is gifted by you will have to file a declaration and pay property tax for individuals in the amount of 13% of the value of your gift. The law exempts only close relatives and members of the same family living together from such tax. Those. a person who is considered a stranger to you will have to pay a significant amount in the form of tax, and not everyone can find it. Therefore, the consent to accept the gift is an essential condition of the donation contract.
In the event that such a desire is expressed by the gifted, it is necessary to correctly draw up a donation agreement so that your closest relatives - potential heirs by law, cannot subsequently challenge it and invalidate it in court. In this case, it is better to certify the donation agreement with a notary by attaching a certificate from a medical institution to the documents stating that you are of sound mind and memory. For persons over 70 years of age, a notary certifying the contract will require such a certificate without fail.
After the notary certifies the contract for it to come into legal force, it is necessary to register it with the territorial agency of Rosreestr at the location of the property. It will be necessary to attach to the registration application the documents of title (purchase and sale agreement, equity participation or privatization) and title documents (certificate of ownership) documents for real estate, passports of the donor and the gifted, as well as a receipt for payment of the state duty.