A deed of gift, or a donation agreement, requires official registration, even in the case when a thing is transferred as a gift, the value of which exceeds 3 thousand rubles. Of course, documenting such a free deal is required if its object is real estate. To conclude a real estate donation agreement, you will need to collect a package of documents.
Instructions
Step 1
The essence of the donation agreement is that the donated person immediately after signing it and registering the transaction becomes the owner of the real estate that the donor donated to him. The person being gifted may not even be a relative of the donor. That is why it is necessary to fulfill all the requirements and provide for all the nuances so that such a transaction is not subsequently challenged by the donor's heirs. Since March 1, 2013, the obligatory notarization of the donation contract has been canceled, so you can draw up it in a simple written form, but at the same time attach all the necessary documents confirming the legality of the transfer of real estate as a gift.
Step 2
When drawing up a donation agreement, it must indicate the details of the donor and the gifted, and also give a complete and detailed description of the property being donated. Do not forget that in the obligations of the parties, it is necessary to indicate not only the obligation of the donor to donate an apartment, house or land plot, but also the obligation of the donor to accept this property as a gift. The agreement signed by both parties will enter into force only after it is registered with the territorial authority of Rosreestr at the location of the real estate. For state registration, you must submit a package of documents that must be attached to the application along with a receipt for payment of the state fee and a copy of the donor's identity and the donated documents.
Step 3
The package of documents includes:
- originals of donation agreements signed by the parties to the transaction - in 3 copies;
- certificate of state registration of the right to the property, issued in the name of the donor;
- cadastral passport of a land plot, apartment or house;
- consent of the donor's spouse to donate real estate in joint ownership, certified by a notary;
- in the case when the donor is single - a notarized certificate stating that he is not married;
- a certificate from the BTI on the inventory value of the property, if an apartment or house is donated;
- certificate of persons permanently registered in the apartment or house at the time of its donation;
- the consent of the trustee or the guardianship authorities to the transaction, if one of its parties is a minor or incompetent citizen.
