After hearing the news that an apartment is being presented to you as a gift, do not rush to immediately consider yourself its owner. In order for the donation to take effect, it is necessary to conclude an agreement, which must be signed by both parties to the donation transaction and registered in the form.
Necessary
- - Technical passport from BTI;
- - a donation agreement in 3 copies;
- - title documents for the apartment;
- - passports of the parties to the contract;
- - a receipt for payment of the state registration fee.
Instructions
Step 1
Write a donation agreement. You can draw it up yourself, or you can ask a lawyer for help. Indicate both parties in the contract, i.e. donor and gifted. Enter passport details and residence addresses of the parties. Pay special attention to the fact that there are no discrepancies in the document with the data specified in the documents for the apartment. Indicate the area of the apartment, the number of rooms, the number of floors in the building and the floor on which the apartment is located. Do not forget to indicate the address, the inventory number of the subject of the contract and the documents of title proving the actual ownership of the property by the donor.
Step 2
If you do not have enough time to deal with the registration, and you decide to delegate this process to someone else, then draw up a power of attorney with a notary. Be sure to indicate in it the person to be gifted and the subject of donation. In the absence of these data, the power of attorney will not be valid.
Step 3
If the donated property is jointly owned, then you will need written consent from the co-owner to donate. Make one with a notary. Please note that a donation, unlike a will, provides that the donor will receive real estate before the death of the donor. Donation is a free transaction.
Step 4
After drawing up and signing the contract, register it with the state registration authorities for rights to real estate and transactions with it. State registration is mandatory for a donation agreement, without it, a contract drawn up, even with the signatures of the participants, is a simple paper.
Step 5
The donor will be able to receive a donation agreement, which has passed state registration and a certificate of ownership, no later than a month after the presentation of all the necessary documents to the registration chamber. Only now he became the real owner of his gift.
Step 6
In the event that the purchase of the apartment by the donor fell on the period until January 31, 1998, the right to own the property must be registered. Do this when you register your gift agreement. The recipient must pay property tax, the rate is 13%. However, if both parties are closely related, the recipient is exempt from paying the tax.
