It is always pleasant to receive gifts, especially from relatives and dear ones. Therefore, most owners of valuable property, deciding to transfer it to their heirs, opt for drawing up a donation agreement. It is the donation that represents the emergence of civil relations on a gratuitous basis. You just need to know how to legally draw up a donation agreement so that the relevant authorities do not have any questions.
Instructions
Step 1
Before completing the contract, it is necessary to determine the subject of the donation contract. It can be any real estate, including an apartment, car, garage, summer cottage. It is also possible to draw up a donation not only for the whole thing, but also for its share, and even money. It is forbidden to give anything that is regarded as a service, as this is contrary to the meaning of the contract.
Step 2
An important condition for the execution of a donation agreement is the sound state of the owner of the property and, of course, the exclusive right to property. Endowment can be real and consensual. In the latter case, the donor is given the right to transfer any property in the future. The contract itself is drawn up in the usual written form, which is not subject to mandatory certification by a notary.
Step 3
In the donation agreement, it is necessary to indicate the surname, name, patronymic of the donor and the gifted person, as well as their passport data and residence addresses. It is also necessary to describe in detail the subject of the contract in full accordance with the documents for this property. Since the gratuitous transfer of property is an indisputable condition for a donation, the donor cannot set certain conditions for the gifted. This is the difference between a donation contract and a will.
Step 4
Proceeding from the fact that the donation is valid only after its state registration, accordingly, after drawing up and signing it is advisable to apply to a certain authority, taking with you the donation agreement (in triplicate), the BTI passport, title documents for property, passports of both parties and a receipt on payment of the state registration fee. Moreover, registration is carried out no later than 1 month from the date of submission of the package of documents.
Step 5
Thus, at the time specified in the contract, the property is transferred to the new owner. This fact is immediately recorded in the registration of property rights. However, according to the clauses of the donation, the heir can declare his rights to the thing put to him under the contract or completely refuse the gift.
