The Civil Code of the Russian Federation, which entered into force in 1996, cancels the mandatory condition for notary certification of real estate transactions and contracts. This also applies to donation contracts. Due to the fact that the cost of certifying such an agreement is at least 0.3% of the value of the property, many people prefer to draw up a donation agreement without a notary.
Instructions
Step 1
Article 574 of the Civil Code of the Russian Federation regulates contractual relations arising from a donation agreement, which can be concluded both in writing and orally. In the case when it comes to real estate, the contract must be concluded only in writing, since it must be registered in accordance with the Federal Law "On state registration of rights to real estate and transactions with it."
Step 2
The real estate donation agreement is bilateral, since the donor must also confirm his consent to accept the gift. You can compose it yourself. In the text of the agreement, after the words "I" or "We" write the full name, patronymic and surname of the donor or donors. Indicate citizenship, gender, date and place of birth, passport data, registration address, complete the informational part about the donor with the words: “on the one hand, and”, then list all the information concerning the donated person. Describe the object of donation, sign the contract.
Step 3
It will not come into legal force until it is registered with the state registration authorities. The transfer of rights is carried out only on condition that an appropriate entry is made in the Unified State Register of Rights to Real Estate. According to paragraph 3 of Art. 433, paragraph 3 of Art. 574 of the Civil Code of the Russian Federation, it is necessary to register not only the transfer of ownership, but also the donation agreement itself.
Step 4
Write an application to the state registration authorities with a request to register a new right to real estate and attach documents confirming the donor's ownership rights to it. The application is written on behalf of the donor or gifted person. If the donor or the gifted person cannot act independently, then on their behalf there are authorized persons who have a properly executed and notarized power of attorney.
Step 5
In the application, indicate, in addition to all the necessary data about the donor and the gifted, the name of the donation agreement, data about the property (its name, address and cadastral number). Don't forget to date and sign. Attach to the application a receipt for payment of the state duty, passport, original donation agreement in duplicate, original plan of the living quarters and its technical passport. You will also need an original and a copy of a certificate of persons entitled to use real estate with an indication of this right, they must be certified by an official responsible for registering citizens at the place of stay and place of residence.
