Donation is one of the most ancient forms of property rights. When transferring something to another person as a gift, few imagine what this process should be in terms of compliance with the requirements of Russian legislation.
Under a donation agreement, in accordance with the current domestic legislation, almost any thing can be donated free of charge, except for those limited or withdrawn from circulation, or a right. This may be the right to claim against third parties, or an obligation in the future to release the donee from property obligations in relation to himself or to third parties. At the will of the donor, the transfer of the gift can be done now, or expressed as a commitment in the future. However, the promise of transferring the gift only after the death of the donor will be recognized as a void transaction, since such obligations are governed by the rules of inheritance law.
How to properly arrange a donation
It is legally provided that a donation agreement, otherwise a donation, has the right to exist in oral and simple written form. In most cases, donation is made orally through the simultaneous transfer of the gift or documents for it. In addition, there are certain restrictions that require written confirmation of the fact of donation. In cases when:
- the subject of donation is a real estate object - a house, land plot, apartment, car;
- the donor is a legal entity and the property being donated exceeds three thousand rubles in value;
- according to the concluded agreement, the donor undertakes to fulfill the terms of the agreement in the future, - the donation has no legal force, unless it is executed in writing.
In case of refusal to receive a gift under an agreement made in writing, the donee is obliged to execute the refusal in a similar form.
The procedure for issuing a donation
The main requirement for drawing up a donation agreement is its full compliance with the rules of legal document flow. The parties to the contract must be absolutely capable, i.e. the donor has reached the age of majority and is fully aware of the nature of his actions. The donation item specified in the dedication must be clearly identified by all the characteristics that distinguish it from other types of similar items or objects.
It is not obligatory, but if there is a desire of the parties, notarization and certification of the deed of gift are allowed.
In addition to the written form of the transaction, a donation agreement for an immovable property must undergo a mandatory state registration procedure at the Department of the Territorial Body of the Federal Service for State Registration, Cadastre and Cartography. To carry out state registration, the donor applies to Rosreestr with an application for registration of the transfer of rights, provides a donation agreement signed by the parties, or their representatives, and all documents of title and title to the donated object. If the donor is legally married, in addition to documents for immovable property, the consent of the spouse, certified by a notary, is required for its free transfer to the donee.
The required period for registering an agreement and transfer of rights, in the absence of factors of possible suspension of registration (incorrectly drawn up agreement, errors, etc.), is 30 days.
