Such a form of civil law transactions as a donation agreement is becoming more and more popular, since it provides an opportunity for the donor to dispose of the property, which he wants to donate to people close to him, during his lifetime. Since the gifted person can be any person, even not a potential heir, in order to avoid subsequent disputes, it is important to draw up a donation agreement correctly.
Instructions
Step 1
If the value of the gift exceeds 3 thousand rubles - and when real estate is donated, this is always the case - the document must be registered with the Rosreestr authorities. Only then will it be legally binding. Now it is not required to certify it with a notary, but in order to make it impossible to challenge the donation agreement in the future, it is better to notarize it by submitting a medical certificate stating that this transaction was made by the donor in his right mind and firm memory. Without fail, such a certificate must be attached to the documents if the donor's age is more than 70 years old and he is giving gifts to a non-direct heir.
Step 2
The donation agreement comes into effect at the time of state registration of this document. To register, you will need to write a corresponding application to the territorial agency of Rosreestr. An application with a request to register a transaction is written by both the donor and the gifted. On the basis of these statements, the certificate of ownership of the property, written out in the name of the donor earlier, is canceled, and a new certificate is already written out in the name of the gifted.
Step 3
In addition to the statements, you will need to submit the original receipts confirming payment for the registration of the transaction, originals and copies of documents proving the identity of the donor and the gifted. If intermediaries act on their behalf, they will need to attach to the package of documents a notarized power of attorney confirming their authority to carry out such transactions. The package of documents will need to include 3 copies of the donation agreement signed by both parties, two of them will be returned after registration, one will remain in the Rosreestr authority.
Step 4
In the event that one of the parties is a legal entity, originals and copies of constituent documents, a certificate of registration in the Unified State Register of Legal Entities, a certificate of registration of the enterprise with the tax office will be required. In addition, the donor must attach documents of title confirming the legality of his acquisition of the gift that he is transferring. As a rule, this is a privatization agreement or a document of purchase and sale, a certificate of inheritance or the same donation agreement. He will also be required to present a legal document - a certificate of ownership.
Step 5
If necessary, you will need to present a technical or cadastral passport for the property, as well as a certificate of persons permanently registered in this residential premises and those who have the right to use this property, indicating the type of this right - property, rent.
