When concluding a donation or donation agreement, it is assumed that the donee has the consent to accept the property offered to him. This legal transaction is formalized in a special order. The form of the donation contract varies depending on what is the gift. For example, real estate must be registered with the registration chamber.
Instructions
Step 1
Execute a notarial real estate donation agreement. The notary must certify that the two parties involved are legally capable, sign the contract with a firm mind, and are not subject to coercion. He, after signing the donation agreement, will assure him. After receiving the necessary documents from the notary, the donation agreement should be registered with the Companies House. You can also issue a deed of gift and in simple writing. However, it has no protective power in the event of a dispute. In this case, any of the parties can refuse this agreement, referring to the forgery of signatures, since they are not notarized. In addition, in the event of a fire or loss of documents, you can get a duplicate at the notary's office, which also has legal force.
Step 2
Indicate in the donation for real estate, when a simple written form is adopted, the real data of the donor and the gifted: the address of the place of residence and passport data. Describe the subject of the donation agreement in strict accordance with the documents available on it, if it is an apartment, then: number of rooms, floor, area, how many floors in the house, apartment number, inventory number, address where the apartment is located. Real estate at the time of registration of the gift must be free from the claims and rights of third parties not to her, not to be banned, not encumbered with a pledge, etc. When a trustee acts on behalf of the donor when drawing up a donation agreement, then his power of attorney to make a donation must contain clear data on the subject of donation and the gift to be gifted. Otherwise, it is considered invalid.
Step 3
Prepare documents for conclusion of a deed of gift at a notary. To do this, you will need: documents of title to the donor's property (certificate of registration, certificate of inheritance, purchase and sale agreement, contract of lifelong maintenance with dependence or rent, donation, agreement on perpetual use of a land plot); for residential premises, an extract from the house book is required (issued by the house administration, the number of registered people on the living space must be indicated); extraction from the technical passport (obtained in the BTI, the property assessment must be indicated); extract from the USRR; consent of the donor's spouse; permission of the guardianship department, when living in a donated real estate of a minor child.
