Power of attorney to donate a share of an apartment sample 2023

Each property owner has the legal right to dispose of it at his own discretion. Accordingly, the same rule applies to the alienation of property under a gift agreement through a representative.

In accordance with the norms of the Civil Code of the Russian Federation, apartment owners can issue a power of attorney to donate an apartment in 2017, thus transferring to another person the rights to represent interests instead of themselves.

Therefore, in practice there are many cases when a qualified specialist, for example, a notary or a lawyer of another profile, acts as the donor’s representative.

Legal rights of the donor

The representative involved in the transaction, which is a deed of gift, under a power of attorney, has not only rights, but also certain obligations - to act exclusively in the interests of the owner of the property. This also means that he will not be able to give himself an apartment. On behalf of the donor, he may be authorized to:

• Give a designated object or part of it;
• Refuse to give a gift if such a gift will lead to a deterioration in his living conditions, a decrease in his financial situation, in the event of an attempt on his life or members of his family with bodily injuries;
• Revoke the agreement for the donation of an apartment by power of attorney due to the negligent attitude of the donee to the donated object and the threat of loss of housing;
• Demand compensation for moral damage caused;
• Cancel the transaction if the donee dies before the donor.

If there is an attempt on the health and life of the donor, members of his family, or physical harm is caused to the offender, the donor and his relatives have the right to sue, challenging the agreement. In this context, the procedure with a power of attorney is possible only during the life of the donor, since with his death this document is automatically canceled and can no longer be used legally.

List of requirements

When drawing up a deed of gift for an apartment by power of attorney, you must adhere to the basic requirements. Despite the fact that the text of the document itself may contain information at the discretion of the property owner, the mandatory details must be observed, and this is:

• Date and place of document preparation;
• Last name, first name, patronymic, passport details of the donor and his representative, the recipient;
• Certification of the legal capacity of the owner of the object;
• Basic information about the apartment itself (exact address, residential or non-residential stock, area, actual condition, cost, and so on);
• Data confirming the absence of legal claims from third parties, arrests, encumbrances, restrictions;
• Signature of the donor and details of the notary.

When transferring a share of property, this part must be clearly specified, with the written consent of the co-owners, if any (when we are not talking about a separately allocated share).

After registering a deed of gift for an apartment, it must be registered with Rosreestr if the donee accepts this gift. By proxy, the owner has the right to instruct his representative to be present during the registration procedures in his place.

Sample document

• A power of attorney for the donation of apartments and a sample of one can be viewed below:
• POWER OF ATTORNEY TO DONATE AN APARTMENT
• (date of issue in words) (place of issue)

I, a citizen of the Russian Federation (full name, year of birth, passport data), who is registered at the address (place of registration), with this document transfer powers to a citizen of the Russian Federation (full name, year of birth, passport data) , which is registered at the address (place of registration) to give to a citizen of the Russian Federation (full name, year of birth, passport details), who is registered at the address (place of registration), an apartment (location address, characteristics, number of rooms, etc.) belonging to to me on the basis of (document, date, number).

1. I authorize my authorized representative to be my representative in government agencies, housing and communal services, management company, Federal Migration Service, notary office, submit documents on my behalf and receive them, certify with my signature, pay expenses on my behalf, sign an agreement, participate in registration procedures in Rosreestr.
2. This power of attorney to donate an apartment was issued for a period (specify, but not more than three years; without specifying a date, it will automatically be valid for a year).
3. Signature of the principal.
4. Notarized certificate, with date, signature, transcript and seal.
5. Registration number.

Legislative subtleties

Registration of a deed of gift in the process may entail some nuances related to the fact that, for example:

• Data on the real estate that serves as the subject of the transaction must be as clear and detailed as possible;
• The relatives of the recipient will not be considered co-owners by law, which means that not a single relative will inherit the donated apartment.

We must not forget that it is impossible to donate an apartment to a commercial organization, government officials, social workers and medical institutions who have any relation to the donor.

When donating real estate to a minor citizen, his legal representatives (parents, adoptive parents, guardians) act in his interests. Donating an apartment on behalf of a minor can only be done with the consent of the board of trustees, which will be extremely difficult to do.

Transfer of documents

List of attached documents:

• Passport of the donor (representative) and the recipient;
• Title papers for the apartment;
• Papers on the basis of which ownership rights are registered;
• Certificate of registered citizens (from the house register, can be obtained from the territorial office of the Federal Migration Service);
• Statement of absence of debt for utilities;
• Extract from the Unified State Register of Real Estate about the absence of encumbrances;
• Consent of the second spouse of the donor, if the apartment is their joint property.

Only with a fully prepared list of documents does it make sense to go to a notary’s office, where the donation agreement will often be drawn up. It is important to carefully read all its sections, since anything can only be canceled after signing through the courts, and this is time-consuming, expensive and not good for the nervous system.

The notary has the right to request from clients a certificate from a psychoneurological dispensary in order to verify the legal capacity of the parties and thereby significantly reduce the risks in a transaction involving the execution of an apartment donation agreement directly using the deed of gift.

When do you need a notary?

A sample power of attorney or agreement can be obtained from a notary office or downloaded from an information resource to save on notary services. However, in this case, all responsibility will be solely on the donor.

When deciding to use notary services, it is important to remember that this should be a disinterested professional, whom no one has the right to impose. Whether it is a public or private specialist does not matter, the main thing is that there is a valid state license.

Sequence of procedure with the contract

• Draw up a written agreement yourself or with the help of a professional with a legal education;
• Register this agreement with Rosreestr or through the Multifunctional Center.

When registering a deed of gift, you will have to pay a state fee, regardless of which registration method is chosen. With documents and a receipt for payment, the authorized person on behalf of the donor and the donee must both appear in person at the registration authority, where the corresponding application will be submitted. After checking all submitted papers, the responsible employee will issue a receipt for their receipt and set a date to appear for the finished result. When contacting the Rosreestr structure, this will take no more than three days, through the Multifunctional Center - about five days.

When asking the question whether, using a power of attorney, the entire donation procedure can be completely entrusted to a representative, you should answer positively if everything is formalized properly, without breaking the law.

About termination of the document

• The power of attorney was revoked by the principal ahead of schedule;
• The validity period fixed in the document has expired;
• The donated apartment does not belong to a single person;
• Incapacity of the owner at the time of issuance of the power of attorney;
• Incorrect preparation and execution of paper;
• Confirmation of the fact of pressure and violent actions on the part of the recipient;
• Death of the donor or recognition of him as missing;
• The notary office issued a document for a minor child.

The power of attorney and the agreement itself can be challenged through the court if the plaintiff has compelling reasons and documented evidence of the illegality of the transaction.

Is it possible to donate an apartment by proxy? Samples of a gift agreement from representatives of the parties

Giving someone a power of attorney gives authority to perform specified actions . Is it possible to issue a deed of gift for housing using such paper?

The person who has received the power of attorney to transfer real estate as a gift, instead of its owner, signs all the papers that are needed for this.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

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You can find out about the procedure for donating living space, as well as the grounds for terminating the donation transaction on our website. A sample housing donation agreement can be downloaded here.

Cases of compilation

1. If the homeowner cannot be present at the transaction, for example, for health reasons. Or it may be located far from the place where the contract is to be concluded.
2. If the owner wants his interests to be represented by a specialist who understands the intricacies of the law.

Sample power of attorney to donate an apartment.

Find out on our website about the specifics of donating housing between close relatives, in particular how to draw up a deed of gift and what papers are required for the transaction. You can also find a sample agreement for donating an apartment between close relatives here.

Advantages and disadvantages

advantages and disadvantages to using the help of a trusted person The first include:

1. There is no need to collect the necessary papers yourself, conclude a transaction, and then register it. This saves time.
2. Signing this document allows you to donate real estate, even if it is not possible to be physically present at the conclusion of the contract and other formal procedures.

The disadvantages of this solution include:

1. Lack of awareness about how the preparation process and the registration of the gift itself take place.
2. Possibility of fraud on the part of a trusted person.

• Samples of a gift agreement by power of attorney:
• From the donor.
• From the donee.
• From both sides.
• Find out on our website about the pros and cons of a gift agreement, its types, as well as what is better to draw up: a donation, a will or a purchase and sale.

Kinds

A representative on behalf of the donor has the right:

1. Submit applications and requests to various authorities to collect papers.
2. Receive them.
3. And also sign them in favor of the donor.

There are several types of papers :

• general;
• special;
• one-time

The general gives the broadest powers , including the right to conduct other transactions, in addition to the transfer of property as a gift: sale, exchange, lease, and so on.

It provides more opportunities for fraudulent activities. Therefore, if it is necessary to conclude such a document, the powers granted should be defined as precisely as possible. As a rule, notaries and lawyers treat donations under a general power of attorney with caution.

A special and one-time power of attorney provide the authority to perform one specific action. A special one is used if it is necessary to perform several similar operations, and a one-time one is used for one specific action.

To donate living space, it is enough to sign a one-time power of attorney.

Sometimes the question arises whether someone who receives a gift of real estate can be the owner's representative. Is it possible to use this paper to give an apartment to yourself?

This is impossible, since according to Article 182 of the Civil Code of the Russian Federation, a trusted person does not have the right to make transactions in relation to himself . Otherwise, it would turn out that the same person signs the contract for two parties.

Civil Code of the Russian Federation Article 182. Representation

1. A transaction made by one person (representative) on behalf of another person (represented) by virtue of authority based on a power of attorney, an indication of the law or an act of an authorized state body or local government body directly creates, changes and terminates the civil rights and obligations of the represented.

Authority may also be evident from the environment in which the representative operates (retail salesperson, cashier, etc.).

2. Representatives are not persons who act, although in the interests of others, but on their own behalf, persons who only convey the will of another person expressed in proper form, as well as persons authorized to enter into negotiations regarding possible future transactions.
3. A representative cannot make transactions on behalf of the person represented in relation to himself personally, as well as in relation to another person whose representative he is at the same time, except in cases provided for by law.

A transaction that was made in violation of the rules established in paragraph one of this paragraph, and to which the principal did not give consent, may be declared invalid by the court at the request of the principal if it violates his interests. Violation of the interests of the represented person is assumed unless proven otherwise.

4. It is not allowed to carry out a transaction through a representative, which by its nature can only be completed in person, as well as other transactions specified in the law.

Read about the specifics of registering the donation of an apartment at the MFC or through Rosreestr on our website.

1. The document is drawn up in writing by a notary and certified by him.
2. The cost of legal and technical work to prepare such paper for an apartment donation agreement is 1000 rubles , the notary fee is 200 rubles .
3. Thus, registration will cost 1200 rubles.
4. The text of the document must contain:

1. Place (city) of issue.
2. Date of issue.
3. Passport details of the transferor, including last name, first name, patronymic and address.
4. Information about the property: address, area.
5. Information about documents confirming ownership of it: number and date of the certificate of ownership and the document justifying the acquisition of the right.
6. Information about the representative (similar to the principal).
7. Powers vested in a fiduciary. Includes the right to submit, receive and sign all documents that may be needed to carry out the assignment (i.e., donation of an apartment). You will also need the right to represent the interests of the principal in all authorities related to the transaction.
8. Information about to whom the apartment should be donated.
9. Validity period of the document.

It cannot be more than 3 years old. If the period is not specified, it is valid for no more than 1 year (under Article 186 of the Civil Code of the Russian Federation).

10. An indication of the possibility or impossibility of entrusting received powers.
11. Signature of the principal.
12. Data and signature of the notary, which certifies that the paper was signed in his presence.
13. Registry number and amount paid to obtain it.

All dates and deadlines must be indicated not only in numbers, but also in words .

Required documents

for registration :

• principal's passport;
• passport details of the trusted person (to avoid mistakes, it is better to provide a passport or a copy of it);
• passport details of the donee (similar);
• certificate of ownership of the apartment;
• documents on the basis of which the property was transferred into ownership. This could be a purchase and sale agreement, a certificate of inheritance, or a deed of gift.

Invalid

A document may be declared invalid if:

1. The principal canceled his action.
2. The representative refused it.
3. His term has expired.
4. Issue date missing.
5. In case of death, absence, limited legal capacity or incapacity of the principal.
6. In case of death, absence, limited legal capacity or incapacity of the trustee.
7. The real estate on which the bumana is registered is inhabited by minor children adopted or under the guardianship of the donor.

Some features

• Let us emphasize once again that if a donation occurs under a general power of attorney, it must contain information about the specific property and the donee .
• If this is provided for in the agreement, it is possible to delegate the powers to draw up a deed of gift.
• By power of attorney, you can donate not all of the housing, but only a share in it.

In this case, it is necessary to clearly indicate exactly what share is being donated (what part of the apartment it constitutes and how many square meters it contains). The rest of the document is prepared in the same way.

Both parties can use the services of a trusted person, that is, not only the donor, but also the recipient of the apartment.

For an agreement to donate an apartment by power of attorney to be valid , it must indicate:

• all document details;
• the date of its issue;
• the name of the state notary office that certified it or the details of a private notary.

Registration of a deed of gift for an apartment by power of attorney is a good solution for those cases when the donor does not have the opportunity or desire to do this personally . You just need to carefully choose a trusted person and draw up the document correctly.

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Apartment donation agreement: sample for 2023

The apartment can be the subject of a donation. In order to give it as a gift, you will have to draw up a gift agreement. This rule is due to the need to declare a change of owner and register the right to real estate.

How to draw up an apartment donation agreement?

It’s easy to draw up an apartment donation agreement if you have a certain set of documents, a sample of such an agreement. This means that you need to be especially careful in your preparation.

When drawing up a gift agreement, it is important to correctly indicate the following information:

• about the parties to the transaction strictly in accordance with the submitted documents;
• about the subject of donation according to the technical passport of the apartment;
• about the date of transfer of the gift.

The drawing up of a gift agreement ends with the signatures of the parties.

The deed of gift for an apartment can be written or printed, that is, drawn up in simple written form. It is possible to have such an agreement certified by a notary, but it is not necessary.

After drawing up the gift agreement, it is necessary to register the right to the new property.

Sample apartment donation agreement

The sample gift agreement should definitely be studied and taken into account by those who are independently drawing up the agreement. The sample may well be suitable for the final version of the gift agreement, if no special conditions are provided.

A sample apartment donation agreement for 2017 can be modified to suit a specific situation. The main thing is that the clauses of the contract do not contradict the law.

When drawing up independently, the parties only need to download a sample apartment donation agreement and fill it out in accordance with the documents.

Receipt for donation

When donating an apartment, the parties cannot transfer any receipts to each other. Most often, a receipt is confirmation of the transfer of money for the purchase of an apartment under a purchase and sale agreement or payment of rent or rent.

Donation is a completely free transaction.

This means that any receipt for the transfer or receipt of money will not only be considered invalid, but may also lead to the invalidity of the gift agreement itself.

A receipt can only be issued to the donor and recipient who have submitted documents and an application for state registration of the right.

This kind of receipt is necessary as confirmation that these persons have handed over their documents in order to receive them back from Rosreestr.

Power of attorney for donation

The donor is not always able and willing to independently participate in the preparation of the gift agreement. This is due to employment or other personal reasons. In order to replace the donor with someone else, it is necessary to write and notarize a power of attorney to carry out certain actions.

The power of attorney contains a limitation on the validity period and a description of the rights and obligations of the trustee.

To correctly draw up a power of attorney, simply download it and fill it out in accordance with the documents, and then have it certified by a notary.

Application for donation of an apartment

The participants in the gift transaction will have to write a statement only when they complete the execution of the agreement and begin to register the right. This application is submitted to Rosreestr or any other registration authority.

A sample application is available at the place where you apply for registration.

There cannot be any difficulties in drawing up such a document, since it is drawn up in a standard form on site.

Sample agreement to terminate the apartment donation agreement for 2017

The agreement to terminate the gift agreement is concluded as a result of the joint desire of the parties to the transaction. If there is a desire or need to terminate the gift agreement, the parties can do this by agreement.

The drawing up of an agreement to terminate the contract is conditioned solely by the mutual consent of the donor and the donee.

To be fair, it is worth noting that such a termination document is rarely concluded. After its signing, it is necessary to carry out state registration of such a termination agreement, since it means a reverse transfer of ownership.

To correctly and quickly draw up such an agreement, you need to download a sample and fill it out in accordance with the documents.

Sample agreement for donation of part of an apartment

The donation agreement for a part of an apartment (its share) is drawn up in accordance with all the rules of the donation agreement. As features, we can highlight an indication not only of the part of the property that is being donated, but also of the entire apartment.

The column on the subject of the donation determines: the size of the part of the residential property that is being donated, its characteristics, clear boundaries. In addition, the address of the apartment itself, floor, residential and general square footage, number of rooms, etc.

d.

A sample agreement for the donation of part of an apartment can be downloaded and filled out according to the documents to avoid mistakes.

Sample gift agreement by power of attorney - from the donor

Any owner of movable and immovable property knows that he has all the rights to dispose of it at his own discretion. The same thing applies when donating through your representatives.

Let's say the owner of the apartment for some reason cannot be present at the contract conclusion transaction, then he has the right to use the services of a third party as his representative.

The owner may ask someone to represent the interests in his place.

• This is why powers of attorney are used when there is a need to entrust the process of drawing up a deed of gift to an acquaintance, friend or relative.
• Another case occurs in legal practice, when the donor wants his business to be handled by a more qualified citizen of the Russian Federation, in this case a specialist, lawyer or notary.
• A power of attorney can be ordinary or general.

In the first case, the attorney is granted full rights to conclude transactions that are not related to the deed of gift. This includes buying and selling, leasing, bartering, pledging and more.

Most often, an ordinary or special power of attorney is issued, which specifies the subject of the gift and the full name of the recipient (clause 5 of Article 576 of the Civil Code of the Russian Federation). Notaries and lawyers always treat deeds of gift under a general power of attorney with caution.

Is it possible to draw up a gift deed by power of attorney?

The person who has a power of attorney from the donor (the donor's proxy, the donor's proxy) has the right to:

• contact various authorities (both municipal and state);
• submit applications;
• requests;
• statements;
• receive the necessary documents in hand, make decisions and sign in favor of the donor.

A gift agreement by proxy from the donor is concluded with the recipient at a notary, who can always act as a witness at the trial.

Representative rights

Representatives of a transaction by proxy have their own rights and obligations, which are transferred to him from the donor or donee. Typically, authorized representatives have those rights that fully correspond to the interests of their principals.

Donor

List of donor options:

1. Has the right to give it to anyone he wants at his own discretion.
2. The right to donate only a part, and not the entire property.
3. Has the right to refuse a gift if parting with it could lead to a sharp deterioration in his health, affecting his quality of life, family relationships or property status.

And also if an attempt was made on the life of the donor or members of his family by the donee, causing bodily harm.
4. The right to revoke the gift if the recipient handled the gift so negligently that there was a threat of irretrievable loss of the object of the gift.
5. The right to continue to live in the donated apartment.
6.

The right to demand compensation if the donee causes damage to him or his property.

7. Has the right to cancel the donation transaction if he outlives the donee.

In addition, in the case of a deliberate attempt on the life of the donor with damage resulting in death, the relatives of the donor have every right to sue and challenge the recipient’s right to use the property.

donee

List of rights of the donee:

1. Has the right to accept a gift.
2. The right not to accept to give.
3. The right to make any other transactions with the donated property.

If the gift has not yet become the property of the recipient, but the agreement has already been concluded, then his refusal of the gift must be registered in the state register, where state registration would be carried out if he agreed to accept the gift.

Donation agreement by power of attorney

Transactions by proxy involve their own essential conditions, features, and nuances.

Peculiarities

The most important features of this type of transaction (when drawing up a deed of gift by power of attorney) is the presence in the text of the power of attorney of two main points. Firstly, the subject of the gift is clearly indicated, and secondly, the personal data of the recipient.

If the power of attorney does not indicate the specific object of the donation, as well as the donee himself (his personal and contact information), then it is considered void. And the transaction itself, concluded on the basis of a void power of attorney, is declared invalid.

Essential conditions

In order for a gift agreement by power of attorney to be valid, the following essential conditions should also be specified in its content, without which such a document will not be complete:

1. The property, its identification:
   • Name;
   • legal status;
   • location;
   • physical composition;
   • technical composition;
   • characteristics.
2. Parties to the agreement (transaction):
   • donor and proxy of the recipient;
   • the recipient and the donor's authorized representative;
   • two authorized persons to sign the document on the part of the donor and on the part of the recipient;
   • the same person cannot sign for both sides - it is absurd to give it to yourself and at the same time draw up some kind of document (Clause 3 of Article 182 of the Civil Code of the Russian Federation).
3. Details of the power of attorney or powers of attorney, in the case of representatives of both persons involved - the donor and the recipient:
   • series;
   • form number;
   • issued by whom;
   • date of.
4. Registry number. All rights to ownership of donated property are subject to the process of mandatory state registration, therefore, persons participating in the preparation and signing of the deed of gift must declare their act of donation to Rosreestr in order to make the appropriate entries in the Unified State Register.
5. The name of the notary office or private notary who carries out this transaction.

Subtleties of the transaction

It should also be noted a number of subtleties that may occur in the process of drawing up a gift agreement by proxy due to various current situations:

• the power of attorney must indicate the object of the gift and the recipient;
• remember that the recipient’s relatives are not considered co-owners, so you should not count on the fact that in the event of his death, the gift will automatically be inherited by one of his closest relatives;
• list of persons who cannot accept real estate as a gift:
  1. Commercial organizations.
  2. Incapacitated and minor citizens (only through guardians).
  3. Civil servants.
  4. Employees of the medical or social sphere, etc.

If the document is on behalf of minors

According to the legislation of the Russian Federation, minors who have not yet reached the age of 14 do not have the right to participate in a transaction by proxy or in person.

Minor citizens can dispose of property only with the consent of their guardians, parents or legal representatives.

If a minor is the recipient, then only his parents, legal guardians or legal representatives with the consent of the guardianship authorities can accept the property as a gift.

If the minor is over 14 years old, then he can participate in signing the contract together with his parents, guardians or legal representatives.

Donor and recipient in different cities

What to do if people are in different cities, live far from each other, and a transaction needs to be completed? For such cases, legal steps are provided. It is simply enough to issue a power of attorney from a notary to a person who could be present at the transaction, and then send this power of attorney by mail or courier service to the addressee.

The authorized person may not be present when the power of attorney is issued by the notary.

If one of the parties who cannot be present in person at the donation is located in another country, then the power of attorney must not only be certified by a notary, but also translated into the language of the country in which the transaction will be made and receive an apostille. This can be done either through a private notary or through the Consulate.

If several representatives

With several representatives, transactions under powers of attorney take place and are concluded. Both the donor and the donee, in case of valid reasons that prevent them from appearing in person at the meeting for the conclusion of the deed of gift, can issue powers of attorney for their representatives, who will act in the interests of each of both parties, respectively.

The donee as a representative of the donor

If the donor cannot appear in person at the transaction, cannot find another person to whom he could entrust the execution of the transaction, then this pushes the potential recipient of the gift to take a power of attorney from the donor in his name in order to act on his behalf, with his supposed permission and come to a deal to try to formalize a gift deed.

According to paragraph 3 of Art. 182 of the Civil Code of the Russian Federation, the same person cannot be the donor and the recipient at the same time.

However, not a single competent notary or lawyer would dare to commit such a scam. Such transactions are not carried out, the intentions are recognized as absurd, and therefore have no potential for the legal right to implement them. In other words, it is absurd to give yourself something and at the same time try to supposedly protect this gift from yourself.

Power of attorney with the right of substitution

An authorized person who has a power of attorney from the donor has the right to transfer the rights to conclude a deed of gift according to the law of the Russian Federation.

This is permissible if the power of attorney contains a clause stating that the authorized person is allowed to delegate powers due to certain circumstances that do not in any way harm the interests of the original principal or if the power of attorney under the terms of delegation will be notarized.

The contents of such a deed of gift

A power of attorney is a document by which one person gives authority to another person to be his representative before a third party (Article 185 of the Civil Code of the Russian Federation).

This document can be issued for a period of 3 years, and if the terms are not specified, then the power of attorney remains valid for up to 1 year from the date of the transaction on its basis (Article 186 of the Civil Code of the Russian Federation).

You should definitely pay attention to whether the power of attorney is expired or not, whether it contains the subject of the gift and whether the recipient is named.

1. Templates for gift agreement by power of attorney:
2. from the donor;
3. from the donee;
4. from both sides.

The deed of gift must contain the following important information:

• place of registration and conclusion of the transaction - name of the city;
• date – must be written in letters;
• passport details of both parties or their representatives;
• indication of these powers of attorney or power of attorney;
• state that the donor is in a state of full awareness, mental health and his desire to make a gift is a voluntary act;
• all information about the object of donation:
  1. Name.
  2. Location.
  3. Legal status and address.
  4. Technical and other characteristics.
  5. Cadastral value of the property.
  6. Ownership.
• Please note the absence of any debts regarding the object of donation, as well as the fact that it is not located:
  1. On bail.
  2. Under arrest.
  3. On trial.
  4. Encumbered by the rights of other persons.
• it is imperative to record the date when the moment of ownership begins for the recipient;
• the presence or absence of the right to sub-delegation is indicated (marked “with sub-delegation” or “without sub-delegation”);
• the number of copies that are handed over to the parties is specified;
• signatures of both parties.

Registration in the state register

After the registration of a real estate donation agreement by power of attorney, it is used in the process of registering the property rights of the parties in the state registry. It is on the basis of this document that such registration takes place.

After submitting all documents to the State Rosreestr, their consideration and processing, the new owner will be issued a Certificate of Registration of Property Rights, as well as a copy thereof. Only then will he be considered the full title owner of the apartment or house given to him.

When a power of attorney expires

The parties cannot meet to draw up and sign a gift agreement by proxy in the following cases:

• the donor, at his own request, revoked the power of attorney for another person;
• the power of attorney has expired;
• the authorized representative himself renounced the power of attorney;
• termination of the existence of a legal entity that issued a power of attorney to its representative;
• termination of the existence of the legal entity to which the power of attorney was issued (for legal entities);
• death of the donor, unknown absence or recognition of him as incompetent, who issued the power of attorney (for legal entities);
• death, incapacity, limited capacity or unknown absence of the authorized person to whom the power of attorney was issued.

List of documents for registration

To register rights to a received gift, it is necessary to submit the following documents in 2 copies, one of which is always the original:

• completed application forms of both parties, which can be issued at the registration service itself;
• a receipt confirming payment of the state duty;
• any document confirming the ownership rights of ownership of real estate - purchase and sale agreements, transfer of premises into ownership through the privatization process, agreement of exchange, gift, etc.;

• a certificate of registered persons on the territory of the residential premises being donated or an apartment card;
• technical documentation for an apartment or house, which is taken from the BTI;
• certificate form No. 4 from the BTI;
• sometimes they may require written consent of the co-owners to donate property;
• deed of donation by power of attorney - 3 originals in the case of donating an apartment and 6 originals in the case of a residential building with a plot of land.

New in legislation

Until 03/01/2013, a procedure was put into practice that obligated all persons to register agreements of gift, exchange, purchase and sale and other alienation of real estate with the state institution Rosreestr.

Regarding the deed of gift, from March 1, 2013, the registration procedure was abolished.

The changes were due to the labor-intensive nature of duplicate registration processes, as well as the unnecessary financial burden on the parties, who had to pay a state fee of 500 rubles. for everyone.

Today, contracts of this kind are not registered, but they are presented to the state institution Rosreestr as a basis for amending the registration of property rights in the Unified State Register.

If, suddenly, something prevents you from participating in the execution and signing of the agreement, you can absolutely calmly issue a power of attorney to a person you trust.

The most important condition here is your attentiveness and specificity. Write down in the power of attorney only those rights that relate exclusively to the gift transaction, no more, no less. This way you will secure both your future and the person to whom you are giving the property.

Video: Transactions by proxy

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Power of attorney to donate an apartment, registration, agreement to donate an apartment by proxy, sample agreement | Housing consultant

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The content of the article:

Donation of an apartment

A gratuitous unconditional transaction consisting of granting a property right to another person is called donation . Such an agreement cannot be concluded with the occurrence of any retaliatory action. If there is a condition in the transaction, the donation is considered imaginary and has no legal force.

The institution of deed of gift is regulated by Chapter 32 of the Civil Code of the Russian Federation (Civil Code of Russia). Certain aspects are regulated by regulations of the constituent entities of the Federation, decrees of the Government and courts of various instances. The institution of representation and power of attorney is regulated by Chapter 10 of the Civil Code of the Russian Federation .

According to the law, the donor can only be an individual who has a proprietary right to the alienated property. In some cases, such owner is a non-profit organization. For example, a charitable foundation.

The legal successor - the donee - can be any individual or non-profit organization.

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The donation procedure is in written or oral form. Transfer of property verbally is possible only if the total value of the gift is less than three thousand rubles. If the value of the property is greater than the specified amount and it is necessary to record the fact of transfer, a written gift agreement is drawn up.

The written agreement can be executed through a notary , a lawyer, or yourself. The agreement has not been registered with the RosReestr branch since 2013 .

Attention. If you have any questions, you can consult a lawyer for free by phone: +7 (499) 553-09-05 in Moscow, +7 (812) 448-61-02 in St. Petersburg, +7 (800) 550-38 -47 throughout Russia. Calls are accepted 24 hours a day. Call and solve your problem. It's fast and convenient.

Civil law determines the rights and obligations of the parties to a deed of gift . The donor has the right:

• Require the successor to properly operate the entrusted property during the first three years after its transfer;
• Compensate for the costs of registering a deed of gift if the acquirer refuses to accept the object of the transaction;
• Cancel the agreement on the transfer of property if the donee deliberately destroys the entrusted property or makes an attempt on the life or health of the actual owner and members of his family.

The donor is obliged:

• Provide property unencumbered by obligations or conditions. At the same time, the law provides for a certain burden in the form of loan payments or the conclusion of an annuity with the lifelong dependency of the donor;
• Do not interfere with the free use of the object of the transaction within the framework of maintaining the integrity of the property.

The donee has the right:

1. Refuse the gift at any time during the agreement;
2. Transfer or sell property to a third party (here there is a time limit of three years; if the transaction is carried out earlier, certain consequences may arise: payment of tax or deprivation of property rights).

The donee is obliged:

• Use the property only for its intended purpose;
• If an encumbrance is imposed on the property, fulfill the terms of the transaction in a timely manner and in full.

If the actual owner of the property cannot independently carry out the transaction on his own behalf, a power of attorney to donate the apartment . It is advisable to have such a document certified by a notary office. Depending on the object of the transaction and the scope of its application, three types of power of attorney are used:

1. General – a universal document covering a wide range of capabilities of the donee;
2. Special – an agreement that allows you to perform several operations;
3. One-time – a document that allows you to perform only one procedure for a limited period.

Procedure and conditions for donating an apartment by power of attorney

An apartment donation agreement by power of attorney is drawn up in the usual manner, with the exception of the official granting of some powers to a third party.

Procedure for transfer of property:

1. Visit a notary or law office and draw up a sample power of attorney . view and download the document here: [Power of Attorney for donation of an apartment].
2. Draw up a gift agreement on behalf of the actual owner, while indicating the personal data of his representative;
3. If the object of legal relations is real estate, draw up a transfer deed and register the document in RosReestr .

Terms of gift:

• If the property is in common ownership, not divided into shares, it is necessary to obtain consent from all co-owners;
• In case of division of property between spouses, there is no need to obtain permission;
• If the property is divided into certain shares, transfer of a specific part is possible without the consent of other co-owners.

The rights and obligations of the donor's representative must be indicated in the text of the power of attorney. Exceeding authority is not permitted. If, when drawing up a deed of gift, the procedure and conditions for drawing up the agreement are violated, the agreement is subject to cancellation.

Apartment donation agreement by power of attorney

Registration of a deed of gift by power of attorney is made in writing . In this case, it is possible to draw up the document through a notary, a law office, or independently. When drawing up in person, it is necessary to comply with the established form of the contract. view and download a sample document here: [Apartment donation agreement by power of attorney].

The text of the power of attorney must contain information about the powers of the authorized person. If the document indicates a gift, it is specifically indicated that the actual owner trusts a third party to complete a transaction of gratuitous transfer of property into the possession of the donee citizen or company.

The text of the power of attorney clearly states the technical characteristics of the property, its location and other essential data. A separate line indicates the validity period of the powers and the possibility of reassignment. The maximum term of a general power of attorney is three years . If no period is specified, the representation is valid for 12 months .

A gift agreement may be declared invalid if:

1. term is indicated ;
2. The subject and time of transmission are not specified;
3. The owner of the property is a minor;
4. When transferring, there is a specific condition or encumbrance not provided for by law;
5. The text of the agreement does not indicate the donee.

List of required documents

Documents for registration of deed of gift by power of attorney:

• Passports of the parties to the transaction or other documents identifying them (originals and copies);
• A title document for property or part of it (for real estate – purchase and sale, gift agreement, inheritance document);
• Receipt for payment of state duty (if the recipient is not a close relative, a tax of 13% of the cadastral value of the apartment must be paid);
• Sample gift agreement for registration;
• Application with a request for registration (drawn up by a notary or representative of the donor);
• Technical documentation for the apartment;
• Written consent from co-owners or close relatives (if necessary).

The list of additional documentation varies for individual subjects of the Federation and is provided at the regional office of the Registration Chamber located in the MFC or local municipality.

Pros and cons of donating an apartment by power of attorney

Advantages and disadvantages of registering a deed of gift through a representative:

Pros:

• The donor does not need to be present at the conclusion of contracts;
• It becomes possible to revoke the power of attorney, and with it the deed of gift.

Minuses:

• If the text of the power of attorney is not drawn up correctly, the representative has the opportunity to transfer the property at his own discretion;
• Possibility of fraud by a trusted citizen.

The most popular question and answer regarding donating an apartment by proxy

Question : Hello. My name is Innocent. Is it possible to draw up a deed of gift by power of attorney if I sign the document for my brother?

Answer : Good afternoon, Innocent. According to civil law, you have the right to issue a power of attorney for your brother so that he can make a gift transaction on your behalf.

In this case, the power of attorney must indicate the specific property and the donee to whom the property will be transferred by deed of gift, otherwise the transaction will be declared void (Article 576, clause 5 of the Civil Code of the Russian Federation).

Also, the alienated apartment should not be the object of claims of third parties.

An example of donating an apartment by power of attorney

Citizen Bronin P.E. decided to give his own apartment as a gift to his son from his first marriage. To carry out the transaction, he invited his friend and issued a power of attorney , granting the right to transfer the property to his son free of charge.

After registering the gift agreement at the notary's office, we applied for registration with RosReestr . Based on the inspection, it turned out that the apartment was purchased during Bronin’s second marriage. Therefore, registration of the transfer of property rights was refused on the basis of the lack of permission for a gift from the second wife of the owner.

Conclusion

A deed of gift by power of attorney of a real estate property is used if the actual owner is not able to independently carry out the actions of drawing up the text of the agreement, collecting documentation and registering the agreement. When granting the right to issue a deed of gift to a third party, the following situations may arise:

1. If the distribution of powers for the representative is incorrect, the latter can take advantage of his position and transfer property under certain conditions;
2. The authorized representative can make copies of title documents, have them certified by a notary and use them at his own discretion;
3. When drawing up a deed of gift by power of attorney, a number of circumstances arise under which the agreement can be canceled and the property returned to the ownership of the original owner.

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