Donation, otherwise this document is called a donation contract, is drawn up in the event that the owner is going to simply donate, that is, to transfer his property into the hands of the other party free of charge.
Necessary
- receipt of payment of state duty for registration of property rights to the donated object;
- application of the recipient of the donated object for registration of property rights;
- donor's statement on the transfer of ownership;
- passports of both parties;
- cadastral passport of the apartment;
- the donation agreement itself;
- a document confirming the consent of the spouse to donation, if the apartment was registered in common ownership;
- a document confirming the donor's ownership of the apartment;
- paper on the inventory assessment of the apartment from the BTI.
Instructions
Step 1
The donation document itself can be drawn up in free form by any lawyer or by a notary in the form proposed by him. There, the donation agreement will not only be duly certified, but the second copy will also remain in storage. If you lose this important document, you can get a second copy from the notary. In addition, the notary will help you draw up the paper as correctly as possible in order to avoid challenging your expression of will.
Step 2
After the donation agreement itself is drawn up, it must be registered with the Office of the Federal Registration Service (FRS). It is in this organization that all the above documents must be submitted. To obtain a certificate of registration of ownership of an apartment, you will need to pay a state fee and two applications - giving and receiving an apartment to register changes in their status of owners.
Step 3
Then you will receive from the BTI a certificate of the book value of the apartment and an extract from the register of property rights. In the housing office, you must obtain a document indicating the number of registered residents in the transferred apartment. In addition, in order to issue a deed of gift for an apartment, you need to obtain the certified consent of other owners (for example, if the apartment was registered in the ownership of spouses or relatives). If one of the parties to the transaction has not reached the age of majority, then it is also necessary to attach the consent of the official guardian.
Step 4
In the event that a donation agreement is drawn up, a donation is made out to one of the owners of the shares (one of the owners refuses his share in favor of the other).
Step 5
Let's talk about money. To issue a deed of gift for an apartment, you need to pay a state fee - its cost is determined by the price of the housing in question. It will not be very difficult to pay for the registration of property rights, the amount is one thousand rubles.
The most exciting moment can be the payment of the tax for the transferred apartment. For it is 13% of the cost of housing. It is paid if the donation agreement is drawn up between strangers or distant relatives (cousin, aunts-uncles and nephews). If close relatives (parents-children, brothers-sisters, grandmothers and grandfathers) want to write a deed of gift for the apartment, then the tax is not required.
