Donation (donation) is an agreement between two parties, the donor and the donee, according to which the first of the parties undertakes to transfer, free of charge, to the other party in the future any thing in the ownership or to release from any property obligations to himself or to third parties … Both whole things and their shares are subject to donation.
Instructions
Step 1
The conclusion of a donation agreement, like any other civil law agreement, is possible only after all its essential conditions have been agreed upon. In our case, such a condition is its object, which is represented by various material values or rights of claim. If there is no information in the contract about the subject of donation, it is considered concluded.
Step 2
The subject of donation is both movable and immovable things (or their shares), such as houses, apartments, summer cottages. Let us dwell on the latter in more detail. So the donation of a summer residence (its share), like all other real estate transactions, is subject to mandatory state registration. To carry it out, it is necessary to collect the following documents (depending on the specific legal situation, the list of documents varies; here it is presented only in general form):
- statements of the parties to conduct state registration;
- a document that certifies the fact of payment of the state fee (bank receipt and its copy);
- passports of the parties to the agreement;
- draft agreement;
- the act of acceptance and transfer of the suburban building, unless otherwise provided by the contract;
- cadastral passport for the object (country house, if any);
- documents confirming the ownership of the transferred real estate (or a share in it), for example, civil contracts are such a document;
- a certificate from the BTI.
Step 3
After collecting all the necessary documents, it becomes possible to conclude an agreement and its subsequent state registration. To do this, you need to contact the registration chamber of your region with the above documents. If the documents are checked for compliance with their legislation, then a decision will be made to register this agreement (making an appropriate entry in the unified state register of rights to real estate). From the moment of state registration, the property is considered to have passed into the ownership of the other party.
