How to draw up a contract for donating a share of an apartment to a relative in MFC 2023

Citizens' demand for the services of Multifunctional Centers is increasing. The majority of visitors come to issue a deed of gift for an apartment at the MFC. This service is more popular than others, so it’s worth knowing all the nuances. If necessary, it is also recommended to consult with a lawyer or notary.

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Relatively recently, companies providing services in the municipal sphere have appeared on the market, called multifunctional centers. The MFC is a state organization that promotes interaction between government bodies (in populated areas and the territory of the Russian Federation) with citizens.

The service includes:

• providing information to clients;
• issuing and receiving documentation of various types;
• processing of personal information.

Initially, the centers were available only to Muscovites, but now they are open in almost every locality in Russia. The prevalence is explained by the convenience and efficiency of cooperation between the state and ordinary citizens as a result of the introduction of institutions.

General procedure

Is it possible to issue a deed of gift for an apartment at the MFC? This is a question that is of interest to many homeowners. Donating real estate means transferring it to another owner. Often this is a child, spouse, parents or other close people between whom there are family ties. Concluding a transaction is possible only on a voluntary and free basis.

The peculiarity of this type of procedure is the impossibility of participation:

• incapacitated citizens (including minors);
• persons serving a prison sentence, as well as those deprived of the right to sign;
• employees of a state company that accepts property from outsiders.

Registration of property rights under a gift agreement is also prohibited for officials. The use of the condition on the transfer of an object to another owner after the death of the previous owner is excluded. Donation and will are two completely different concepts. The transfer of rights occurs immediately after the signing of a legally binding agreement.

Attention! If there are several owners, the deed of gift is executed only when there is written permission from all parties. The transfer of a share of property is carried out without general consent.

The conclusion of a transaction can be independent and notarized. In the second case, all the nuances of the legislation on the transfer of property are taken into account. Regardless of the registration method, it is mandatory to undergo state registration after drawing up the contract.

A deed of gift is, at its core, an act of good intentions, but it is not documentary evidence of ownership. The transfer of property as a gift to another person is registered by the MFC, the cadastral register and the Federal Service.

The donation agreement must be completed at the MFC within 12 months from the date of signing the agreement. Everyone who participated in the conclusion is required to be present during the procedure. You will need to present passports for personal identification, certificates of title and a number of documents necessary to give the contract legal force.

Important! In case of registration for a child under the age of majority, the presence of a legal representative is required.

Bodies authorized to conduct such transactions formalize the procedure within thirty days. Then the title of ownership is handed over. From this moment on, the owner receives the authority to dispose of the donated object as he wishes: rent it out, bequeath it or sell it.

Register donation of an apartment at the MFC

Registration of a deed of gift for an apartment in the MFC begins with making an appointment. Select date and time is available by calling the contact center. The second option is to take a coupon on site during a personal visit to the office.

An individual has the right to independently dispose of his own real estate, including gifting it to relatives or third parties. If the donee is related to the owner of the apartment, the transaction is not taxed. In other situations you will have to pay 13%. You will not need to provide a tax return or income certificate.

  Property tax deduction for gifts

The presence of the donor and the recipient is required. The list of necessary documents for registering an apartment donation agreement at the MFC includes:

1. Participants' passports.
2. Donation agreement in triplicate (download).
3. Funds to pay state fees.
4. The original certificate of title (an extract from the state register must also be presented) for the donated property.
5. If the apartment was purchased during marriage, the consent of the spouse is provided.
6. In case of incapacity (minority), permission of the legal representative and guardianship authorities for donation.
7. UZhD (uniform document).

Gift agreement for a relative

Drawing up an agreement to donate an apartment in the MFC with the participation of close relatives is a transfer of rights:

• spouse;
• parent;
• to kid;
• guardian;
• grandmother (grandfather);
• grandson;
• brother (sister).

The 13% tax is not charged in such cases. The state duty will cost 200 rubles. In addition to real estate, cars can also be donated based on an agreement. The 2017 decree requires deeds of gift to be notarized. The presence of all owners is not an exception.

Attention! If this clause is ignored, the legality of the agreement may be challenged through the courts, since contracts have no legal basis.

Property purchased during marriage is transferred if there is written consent of the spouse. If there is a marriage contract that contains information about the division of property, the opinion of the other party is not requested.

This article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem, contact our consultant absolutely FREE!

Registration cost

The full cost of a donation agreement for an apartment in the MFC in 2017 varies. The calculation is made individually for each individual case, since the donor can use the services of a lawyer or do everything on his own. The last option is free.

The amount of duty costs varies from 300 to 2 thousand rubles. (Article 333.33 of the Tax Code) for an individual and 22 thousand rubles. – for legal. If the parties are not related, then, in addition to the state tax, payment of tax is required. Its amount will be 13%. Funds are transferred using terminals and from bank accounts.

After receiving and checking the list of documents, the specialist will issue a receipt with an identification number to track the status of the application. Processing takes up to 7 days (working days).

Register a donation of a share in an apartment through the MFC

How to register a gift agreement with the MFC when using a share is an issue that requires separate consideration. For this type of transaction, it is necessary to obtain the consent of the owners registered at the same address.

An exception is the example of transferring as a gift to your closest relative or one of the owners of the real estate. This happens in the case of shared deeds of gift for children. With the participation of a third party, it is impossible to conclude an agreement without permission.

Important! If the rights of other persons are affected, the deed of gift may be contested. An example is the transfer of a share in an apartment purchased with a mortgage. The bank will definitely file a claim in such a situation, since until the loan is fully repaid, the property is considered the property of the financial institution.

Law enforcement officers check each contract for “purity”. Donating part of the living space not in favor of a person who is a relative at a significantly reduced cost looks suspicious. Such a transaction will be contested if there is a suspicion of tax evasion. As a result, a detailed investigation will be carried out, and the procedure will be suspended.

Documents for registration of the agreement

First you need to choose whether to carry out the transaction yourself or involve a lawyer. Then you need to contact the company that deals with registration in order to approve the contract and obtain a new certificate of title. The preparation of documents is usually limited to a seven-day period, but when visiting the Registration Chamber, the procedure is completed within 20 days.

We need photocopies of documents and their originals:

• passports;
• extract from the cadastral register;
• certificates of registration for the transferred part;
• applications from the donee to take possession;
• a certificate indicating the composition of the family;
• a document indicating the inventory value of housing, if there is no registration certificate;
• a check confirming payment of the state duty;
• permission of the spouse to conclude an agreement;
• consent of the owners of the living space;
• permission of the guardianship and trusteeship authorities;
• power of attorney with the participation of a representative.

The agreement is printed out in 3 copies: 1 – to the donor, 1 – to the donee and 1 – to the registration authority. Signatures are not required in advance, since the entire process is carried out in the presence of a registrar.

After the conclusion, photocopies and documentation remain at the center, and in return they will issue a receipt for each party. It indicates a list of seized papers and the date of appearance to receive an updated certificate.

The average time it takes for the parties to receive the prepared documentation is a week. Before visiting the Registration Chamber, it is worth contacting the support service and making sure that everything is prepared.

Apartment share donation agreement

Such agreements differ from ordinary ones in that the donee receives rights not to the entire apartment, but only to a part. The size of the share is prescribed as a fraction of the total size of the living space. The specific number of square meters to be donated is indicated.

This point is important, since depending on the size of the share, the tax levy on the income of an individual is calculated. The property is given in its entirety or ½ of the total value.

Information contained in the contract:

• passport details of the parties to the transaction;
• description of the real estate in detail;
• location address and floor;
• a detailed description of the apartment building where the housing is located;
• fractional or integer value of the transmitted part;
• inventory price of real estate and shares;
• list of owners;
• list of persons registered at the place of residence.

Important! Even after a voluntary renunciation of the rights to own property, the donor retains the authority to live in the given housing. The deadlines establishing this possibility may be determined by a specific period. If the information is not recorded, by default the rights remain until the death of the donor.

Download a sample agreement for the transfer of a share as a gift

Registration cost

Here, too, a state fee must be paid. For close relatives, its value is 0.3% of the total cost of the transferred part. The procedure is regulated by Article 217 of the Tax Code. The minimum amount for the registration service is 300 rubles.

Other tariffs.

Share price	Duty
Up to 1 million rubles.	1% (minimum RUR 300)
1–10 million rubles.	0.75% + 10 thousand rubles.
From 10 million rubles.	0.5% + 77500 rub.

The tax and duty are paid by the party that receives the rights to the share of housing (the donee).

When can registration be refused?

There are several reasons for an application to be rejected. An MFC employee will refuse if:

1. Required documents are missing. To resolve the issue, you just need to present the remaining part of the papers so that the agreement is registered.
2. There is no permission from the other owners to conclude the transaction. This happens if the donor is not the only owner.
3. Incorrect drafting of the agreement, presence of errors or inaccurate wording.

Important! It is enough to eliminate at least 1 reason from the specified list for a second visit to the MFC branch in order to register a deed of gift form.

Challenging the donation procedure is available within three years from the date of registration. After the expiration of this period, the transaction is considered irreversible.

During the issuance of a certificate confirming the transfer of the right of ownership to the donee, the agreement is given legal force.

From the date specified in the deed of gift (immediately or after the occurrence of a specific event), the donee is considered authorized to exercise its rights.

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MFC gift agreement: documents, registration

Donating housing (and other valuable property) is a serious step in the life of everyone who decides to do it. Therefore, this issue should also be approached seriously.

Attention! Do you have a difficult case? Do the MFC refuse or do not issue services and documents? You can ask these and any other legal questions to the partner legal service of the MFCdoc.ru website. Initial consultation is FREE - call:

• Moscow and Moscow region -
• St. Petersburg and Len. region -
• Other regions of the Russian Federation -

Previously, the process of transferring property was handled by Rosreestr, but over time a separate multifunctional center (abbreviated as MFC) was created, which acts as an intermediary between the client and Rosreestr. The MFC operates on a “one window” system.

Such a system involves a one-time application by the applicant with a complete package of documents, which in turn are transferred to the relevant authorities (usually to the same Rosreestr).

The MFC was created to simplify and speed up paperwork for the population.

Unified package of documents for the MFC for 2018

Regardless of what you are going to give, the list of documents that will need to be provided to the MFC is approximately the same for any donated object:

• Passports of all persons involved in the transfer and reception of property;
• certificates about the family composition of the parties to the transaction;
• certificates from utility services stating that there are no debts;
• ownership rights to the transferred property;
• a completed gift deed (you can also obtain a blank form on site and fill out the MFC donation deed using a sample example);
• a statement by the person who is donating the property that he wishes to do so;
• paid state duty (payment receipt);
• if a gift is received by a minor, then written consent from the parents to receive such a gift will be required;
• when the donation procedure is carried out through a proxy, the presence of a power of attorney will be required.

The above list is approximate, since in each individual case the registry staff may request additional documents.

Let's look at how to draw up a gift agreement through the MFC. This document can be drawn up either independently or in the presence of a notary. The latter option is preferable, since any error in the contract or an unaccounted for nuance may result in a refusal.

For example, a donation agreement for an MFC apartment consists of the following clauses:

1. Passport data of the parties entering into the contract, as well as confirmation of their legal capacity - physical and mental.
2. The subject of the agreement, which includes a description of the apartment and its market value, confirmation that the apartment is not the property of a third party, is not under arrest or pledge, as well as information about the circumstances under which this apartment was given to the donor.
3. The rights of the parties describe those situations in which the contract may not come into force (for example, if the recipient of the gift made an attempt on the life of the donor or his family). The law also provides for the right of the recipient to refuse to receive such a gift.
4. This paragraph deals with confirmation by the Federal State Registration Service and assignment of a cadastral number.
5. Ways to resolve disputes (peaceful agreement or legal proceedings).
6. An additional provision in which any reservations may be included at the discretion of the parties. This paragraph also includes information that this agreement was signed in the amount of three pieces. One is with the donor, the second is with the recipient of the apartment, and the third is with Rosreestr.
7. Signatures of both parties.

The “Act of Transfer and Acceptance of the Apartment” must be attached to this agreement. By the way, the agreement does not have to be written by hand, since the MFC issues a donation agreement form.

How to donate an apartment

So, the documents have been prepared, the parties to the transaction have been collected, which means it’s time to go to the MFC and donate the apartment. You can, of course, go to Rosreestr directly, but it will be longer and more difficult.

Longer in the sense that you will have to perform many unnecessary actions that the MFC takes upon itself. This is precisely why it was created - to facilitate various bureaucratic processes, including the donation procedure.

But Rosreestr makes decisions faster than a multifunctional center.

What if you apply to draw up an apartment donation agreement at the MFC or Rosreestr, please have with you:

• application (special requirements for it. Which ones will be described below);
• passports;
• completed and signed gift agreement in three copies;
• receipt of paid state duty;
• a certificate about who is registered in the apartment (or is not registered);
• when donating joint property between spouses or other relatives, it is necessary to provide a written agreement of all parties and an agreement for donating a share of the apartment through the MFC. This consent must be notarized;
• a certificate certified by a wet seal indicating that there are no debts for utilities.

An application to the MFC for donating an apartment is filled out in a ready-made form approved by the Ministry of Economy in Order 722. It can be obtained from the registry staff. You must fill out the application using one pen. There should be no blots, mistakes, or crossed out words. The form on which the application is written must be clean, intact and not wrinkled.

If you have any questions, you can always contact the MFC staff.

The final stage will be the re-checking of all documents and their transfer to the registry. After the initial examination, your documents will be transferred to the Unified Register for thorough review and processing. All you can do is wait and hope for a positive result. The period for making a decision through the MFC is approximately 10 days, through an application to Rosreestr up to 4 days.

Is it worth notarizing the gift deed?

Many people confuse the following two concepts:

1. Registration of the transaction in Rosreestr;
2. Notarization in a lawyer's office.

At first glance it may seem that these are the same thing.

However, if the first paragraph is mandatory in a gift transaction, then the second paragraph will be required only in the case of donating a share through the MFC, or if the parties themselves wanted to protect themselves additionally.

But, as practice shows, notarization does not play a special role in legal disputes. If the contract was originally drawn up correctly, then the deal is unlikely to be challenged.

In addition, if, when making a gift, the notary confirmed that the donor was of sound mind and good memory, and the recipient of the gift was legally capable, then it will not be possible to recognize the act of transferring the apartment as a gift as invalid. However, when certifying a deed of gift, notaries act very carefully and conscientiously, since if problems arise, they will be held responsible.

You should contact a notary when drawing up a deed of gift in the following cases:

• you have absolutely no understanding of the laws and don’t know where to start or where to go;
• you are planning to give an apartment to a non-blood relative;
• if the living space belongs to a person with disabilities or a minor;
  you are not going to donate the entire apartment, but only part of it.

As for the transfer of a share of an apartment as a gift, a law was passed in 2017 (Article 42 of the “Law on Real Estate Registration”) requiring additional notarization.

There is no exception to the situation in which all owners of shares in their apartment will donate their parts (for example, parents give it to their child).

Having weighed all the pros and cons of the need for the services of a lawyer, everyone will be able to decide for themselves how necessary this is in their situation. After all, these services cost a lot of money:

• if the cost of the apartment is up to 10 million rubles, you will pay the notary 3,000 rubles and 0.2% of the contract price;
• if the transaction amount exceeds 10 million rubles, then be prepared to pay the lawyer 23,000 rubles plus 0.1% of the contract price (but not more than 50,000 rubles);
• in addition, the amount he deems necessary for drawing up the contract and technical work.

How to draw up a deed of gift for a house or land

You can donate not only an apartment, but also a private house to another person. You can draw up a deed of gift either independently or with the help of a notary.

Registration of donating a house through the MFC is similar to donating an apartment, with the only difference being that you need to add a technical passport for the house to the package of documents, and when donating a plot of land, you also need to add a passport for the land from the cadastral service.

Donating a plot of land to a relative through the MFC exempts you from paying state fees. But when registering a deed of gift through a notary, the fees of a law firm cannot be avoided. The higher the transaction amount and the further your relationship with the person to whom you are giving, the higher the duty will be.

How much do deed of gift registration services cost?

Despite the fact that you seem to be giving away your house (apartment, land), you will still spend a fair amount of extra money until you reach your final goal.

The largest expense item is the tax on donated property (house, apartment, land). It is 13% of the amount of property. In the case of registration of expensive objects, the amount of commissions goes through the roof.

The good news is that when registering a deed of gift for close relatives (children (even adopted children), parents, grandparents, brothers and sisters), this fee is waived.

In order to prove your relationship, attach to the deed of gift the relevant documents confirming it - a birth certificate, marriage certificate, etc. (they are issued at the registry office).

The next cost item is the mandatory state duty. For it, individuals pay 2,000 rubles, and legal entities pay ten times more - 22,000 rubles.

And lastly: if you turn to a notary for help, then add an average of 15,000 rubles to the above amounts.

Advantages and disadvantages of donation

As in any business, the donation procedure has its strengths and weaknesses.

Let's start with the pleasant things. The advantage of donating through the MFC is the relative speed and ease of registration. The time frame for making a decision does not last for months, but can take only 7-10 days.

This is a great advantage in some critical situations where you need to quickly become the new copyright holder. A deed of gift is an excellent alternative to a will. After all, entering into an inheritance is much more difficult and longer (can last for months).

Therefore, more and more people are seeking to draw up a gift deed at the MFC during their lifetime.

It is also important that in the event of a divorce, if the property was not acquired during marriage, it will not have to be divided in the event of a deed of gift, since it is considered personal property.

Taxes, commissions, duties - this is also a drawback that scares many. However, it is better to treat this as a cost or a necessary expense item.

In addition, if the gift is made between close relatives and you can carry out the procedure for drawing up the MFC gift agreement yourself (without the help of a notary), then the final amount will not be so large - about two to three thousand rubles.

Can the Unified State Register refuse to formalize a transaction?

There are situations when hopes are not met, and the civil service denies applicants their request. After all, despite the fact that you are applying to a multifunctional center, the direct approval of the application is entirely up to the government agency. Let's look at what serious reasons there may be that provoke a refusal to transfer property as a gift:

• not all required documents have been provided;
• the recipient suddenly refused the gift;
• the contract does not contain the consent of one of the spouses to complete the transaction;
• The contract contains deliberately false information.

Sometimes applicants may be asked to provide missing documents or submit additional ones, but it also happens that you may not be allowed to re-register (for example, due to false data).

Therefore, before you deal with the issue of registering a deed of gift, carefully study all the information, calculate all the financial and moral costs, as well as your actions in an unforeseen situation. And then everything will be crowned with success for both sides.

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Registration of a gift agreement at the MFC

Apartment donation agreement

The definition of a gift agreement is given in Chapter. 32 Art. 572 of the Civil Code of the Russian Federation. This transaction is a procedure during which the property rights of one citizen ( donor ) are transferred to another person ( donee ). The parties to the agreement can be both relatives and people who are not in such ties.

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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The essential terms of the transaction are:

• the donor must own the property that is being donated as property;
• the owner of the object of donation must be capable and adequate;
• The donor's age cannot be less than 14 years . If such a fact exists, then the transaction is carried out only with the participation of parents or guardians;
• the agreement is free of charge;
• The subject of a donation can be absolutely any property, from real estate to copyrights.

The law provides for a simple written form of the donation agreement, however, an oral one is also allowed in the case when the donation occurs in the form of a direct transfer of property through personal contact between the parties.

The act of donation has no time limit and cannot be retroactive. The document comes into force after its official registration. Only in cases prescribed by law is an agreement considered void. Such cases include situations:

1. If the item has not been listed or described fully.
2. When there is no written consent of persons who have rights to part of the property or who protect the interests of minor children. These include the guardianship authority and the permission of spouses and other family members.
3. If the act of donation caused loss of health and a significant deterioration in the living conditions of the donor.
4. When making a transaction in violation of mandatory requirements: the sanity of the donor, hand-written signing of the agreement, correct execution of documents.

Procedure for registering a deed of gift for an apartment

The registration procedure for a gift agreement is mandatory . The execution of a document and its certification by a notary is only a confirmation of the goodwill of the donor and does not at all mean that the agreement has entered into force.

It is important for participants in the transaction to know that if the executed document is not officially registered within a year from the date of its conclusion, it will lose its legal force. If the donor died before the document was registered, it will be impossible to carry out this procedure in the future.

To register the act, participants will need to contact Rosreestr or another body dealing with similar issues, for example MFC . To complete a transaction, the parties to the agreement must adhere to a number of rules.

Registration of a gift agreement with the MFC contains several stages:

1. Draw up a gift agreement.
2. Prepare all the necessary documents and passports, contact the MFC. Many services offer the opportunity to sign up for a specific time. To make an appointment, you must register on the government services portal (www.gosuslugi.ru).
3. The parties fill out a standard application and sign it in the presence of a center employee.
4. MFC registers the gift agreement within one month, after which each participant receives a document with a registration mark, and the recipient receives a certificate of ownership.

List of required documents

To complete and register a deed of donation, you may need the following documents:

• personal documents: passports, birth certificates of all parties to the transaction;
• certificate of ownership of property in the name of the donor;
• technical documentation for the apartment: technical passport BTI, plan, explication;
• original gift agreement . You can view and download here: [sample apartment donation agreement];
• an extract from the house register and passport office regarding the number of citizens registered in the premises;
• written consent of all persons living in the residential premises;
• if we are talking about minor children or incapacitated citizens, then permission from the guardianship authorities.

All documents must be submitted as copies, but supported by originals.

Conclusion

In conclusion, a number of conclusions should be drawn:

1. Donation is the process of transferring rights to property from one person to another free of charge and on a voluntary basis.
2. The act has a number of significant features and for other reasons may be considered void.
3. Registration of the transaction is carried out in Rosreestr or MFC .
4. To register the agreement, the consent of all apartment owners, shareholders, and guardianship authorities, if any, will be required.

The most popular question and answer regarding registration of a gift agreement in the MFC

Question : Hello, Pavel writes to you. Please tell me, is it possible to register a gift deed without the participation of my wife, who is also the owner of the apartment, and if the document is already valid for more than a year?

Answer : Good afternoon, Pavel. According to Art. 576 of the Civil Code of the Russian Federation, a donation can only be formalized with the consent of all property owners.

In your situation, you should re-issue the document, since registration was not carried out within a year from its signing, then the act loses legal force.

After this, it is necessary to obtain from a notary a written consent of your spouse to carry out the donation procedure and a power of attorney for the right to represent her interests in the MFC .

If you have such documents, then you have every right to register the gift agreement without her participation.

List of laws

Article 572 of the Civil Code of the Russian Federation

Article 576 of the Civil Code of the Russian Federation

Samples of applications and forms

You will need the following sample documents:

• sample apartment donation agreement

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Agreement for the donation of an apartment between close relatives in 2023 at the MFC

A donation is a gratuitous transfer of property from one person to another, but subject to a number of conditions and requirements. The transaction must be in writing, otherwise it will not have legal force.

You can donate your property to a close relative, but the recipient can also be a stranger. Article 217 of the Tax Code states that the transaction is subject to tax in the amount of 13% of the value of the gift.

In the case of donating housing to family members, this rule does not apply; relatives are exempt from tax obligations.

An agreement on the transfer of real estate as a gift will be recognized as legal, and the transaction completed, after registration of the papers in Rosreestr. You can submit documents directly to the registration chamber.

To speed up and facilitate the process, in 2018, residents of the Russian Federation can apply for registration at multifunctional centers located throughout the country.

 The procedure for concluding a gift transaction, the procedure for registering an agreement and liability for failure to fulfill obligations are prescribed at the legislative level by Chapter 32 of the Civil Code of the Russian Federation.

How to register the donation of an apartment through the MFC: instructions

An apartment donation agreement between close relatives does not need to be drawn up by a notary. It is important to draw up the document correctly and provide all the conditions in it.

We recommend using the services of a notary if there is reason to believe that the deed of gift may be revoked. If there are compelling reasons, an application for appeal is filed with the court.

Notarization of the transaction is mandatory if a share of the apartment is transferred. Without the signature and seal of a notary, the gift agreement is considered void.

Signing the agreement is only the beginning of the registration process. To complete the transaction, follow these steps:

• Make an appointment at the MFC by phone or online or by visiting a branch in person.
• Prepare a list of documents.
• Pay the state duty in accordance with the amounts established by Article 333 of the NKRF.
• On the appointed day and time, come to the department of the multifunctional center, write an application under the supervision of the registrar and hand in the papers.
• Receive a receipt for documents acceptance. Using the number indicated in the receipt, the applicant will be able to track the readiness of the document.

When the waiting period has expired, all that remains is to come to the branch where the papers were submitted and receive a registration certificate confirming the transfer of ownership. You can even gift property to a minor relative. He will be able to dispose of property after reaching the age of 18.

Documents for registration of a gift agreement

To register a deed of gift, the donor and recipient of the gift must appear for an appointment with an MFC specialist. If they cannot be present in person, their interests will be represented by a proxy with permission certified by a notary. Applicants must provide the registrar with a list of required documents:

• an application form, which you can fill out under the supervision of a specialist or in advance on your own, using a standard sample that can be downloaded below;
• identification documents of the parties;
• 3 copies of the gift agreement;
• a document confirming ownership of the apartment;
• papers confirming the relationship of the parties to the transaction;
• consent of the spouse to the alienation of property if the real estate is common property;
• receipt of payment of state duty.

The recipient is obliged to express his consent to accept the property or officially refuse it. If the gift is given to a minor or incapacitated person, the final decision is made by his or her guardian.

State duty amount

The state duty is 2000 rubles. If you decide to use the services of a notary’s office, this will require additional costs and you will only find out how much the entire procedure for registering a deed of gift will cost after visiting a notary. His services will cost you from 3 thousand rubles.

Deadlines

An equally important issue is the timing of registration. The registration chamber has 10 days to consider the application and issue a certificate. An additional 3-4 days may be required to send documents from the paper collection point to Rosreestr and back.

When is a visit to a notary required?

Documents for registration of a deed of gift for a share in an apartment 2023 - Legal advice in St. Petersburg

If you need assistance of a legal nature (you have a complex case and you don’t know how to fill out documents, the MFC unreasonably requires additional papers and certificates or refuses them altogether), then we offer free legal advice:

• For residents of Moscow and Moscow Region - +7 (499) 653-60-72 Ext. 448
• St. Petersburg and Len. region - +7 (812) 426-14-07 Ext. 773

Grandmothers, grandfathers, grandchildren. Brothers and sisters. If a grandfather gives his grandson a car, he does not have to pay taxes. But if he gives it to his girlfriend, she will have to pay personal income tax. Registration The procedure for registering a transaction between relatives consists of the following stages: Drawing up a deed of gift.

Passports of both the donor and the recipient.

In addition, many are attracted by the simplicity of completing the transaction. In order for the apartment to be transferred to the donee under a gift agreement, the parties must register the process of transfer of ownership rights in Rosreestr. To avoid standing in long lines, experts recommend submitting documents to the MFC. How to issue a deed of gift for an apartment through the MFC in the year, what is the procedure?

Registration of a deed of gift for an apartment in the MFC

Below I have listed a minimum list of documents, but in each specific case additional ones may be required.

You can also find out from our lawyer. Ask your question in the online consultant window at the bottom right of the screen or in the comments. You can also call the numbers 24 hours a day, 7 days a week: Follow the link to read the entire list of documents for donating a share of an apartment.

Certificate of ownership or extract from the Unified State Register for the apartment; One of these documents is needed to make sure that the apartment or share really belongs to the donor. In addition, the data from these documents is also indicated in the gift agreement itself.

If the recipient is under 14 years old, then his birth certificate and the passport of one of the parents.

If the apartment is jointly acquired property and is registered in the name of only one of the spouses, then a notarized consent of the spouse and the donor is required.

To obtain consent from a notary costs 1 - 2 rubles; If a proxy acts for one of the participants in the transaction - a notarized power of attorney, the original and a copy.

A power of attorney is certified by a notary for 1 - 2 rubles. Donors cannot issue a power of attorney to the recipients themselves to sign a gift agreement for them, and vice versa. Because the donor and the donee cannot be the same person. They can issue a power of attorney for each other, for example, to submit a signed agreement for registration with the MFC.

By simple form we mean a regular contract printed on A4 sheet. But since June of this year, according to the law, in most cases they began to require an agreement only in a notarized form, clause.

That is, you first need to have the share donation agreement certified by a notary, and only then submit it to the MFC or the Registration Chamber. If in your case a notarized contract is required, then carefully read how to have it certified by a notary and how much it will cost.

In principle, you can formalize the entire transaction of donating a share with a notary or simply certify the agreement at your own request, even if this is not necessary in your case. This is usually done when there is a fear that interested parties will want to challenge the transaction. For example, the heirs of the donor.

We strongly advise against looking for ready-made templates on the Internet. Almost all the templates there are outdated or generic.

Understand that almost every gift transaction is individual, and standard templates do not have the items that need to be specified in each specific case.

Therefore, contact a lawyer, as he will look at the situation of the donors and recipients, take into account all the nuances and draw up the correct agreement. After all, if even one spelling error is found in the contract, the deal may be suspended. In order not to look for a lawyer yourself, you can order the preparation of a gift agreement from the Lawyer service.

How to leave a request, read here, instructions with pictures. On average, a contract costs 1 - 3 rubles. RU is also convenient because you don’t have to visit different offices, all work happens online.

The service works like this: The application itself is free and does not oblige you to anything; 2 Professional lawyers send their proposals within minutes, how much they are ready to draw up a gift agreement; 3 Choose the lawyer you like based on price, reviews, experience; 4 Discuss the gift agreement with a lawyer.

If you don’t know what to add to the contract and don’t understand it at all, then just write the situation: Lawyers will figure out your situation themselves; 5 Now you can pay for the service; 6 After payment, the lawyer will draw up an agreement and send a link to download it.

The employee does not verify the signatures. But if the agreement is in notarized form, then it is signed in front of a notary, because the notary will then certify the signatures. The number of copies depends on the number of participants in the transaction, plus one copy, which remains with the registration authority.

Notaries have such duties since February of this year on the basis of Art. This law excluded the notary's tariff from Art. The notary will submit documents electronically. Then the transaction must be registered within one business day.

If the notary does not have the opportunity to submit electronically, then he or his assistant must submit the documents in person to the Rosreestr office and within a maximum of 2 business days. The registration period will be 3 working days after submission. All this is indicated in paragraph. The parties must pay the notary only the state fee for registering the transaction - rubles, paragraphs.

The state fee is paid by the donee, but in practice the notary doesn’t care who gives the money. After receiving the share as a gift, the recipient can register in the apartment - instructions.

Or sell your share - registration procedure. If the parties did not draw up the agreement in front of a notary in a simple form, then they themselves submit it for registration. From If in your city and village you can submit documents directly, then it is better to do so. The donor of the pits and the recipient need to contact the MFC and pay the state fee.

If the recipient is under 14 years of age, then his presence is not required; one of the parents, guardian or trustee must be present. If the recipient is between 14 and 18 years old, then one of the parents, a guardian or a trustee must be present with him.

Payment details can be obtained from an employee. The payment desk is usually located in the MFC building itself, the commission is about 50 rubles. Now the position of Rosreestr is that the state.

In practice, it makes no difference who pays the state. The recipient will simply be indicated on the payment receipts. After paying the state An MFC employee will check the list of documents and draw up applications for registration of rights, which the donor and recipient must sign.

The received documents are sent to the registrar. All that remains is to wait for registration. According to the law, the maximum period is 7 working days, but they do not always meet the deadline. You can call the MFC, give the number on the receipt and check whether registration has been completed.

On the appointed day, the donor and donee must each pick up their own copy of the agreement with a mark of state registration. It is not necessary for everyone to come to the MFC at the same time; you can come separately at different times and days. The recipient will also be given an extract from the Unified State Register of Real Estate about the property for the apartment.

It will indicate that he is now the owner of the share. Property registration certificates have been canceled and have not been issued since July of this year. Bring with you your passports and receipts issued by the MFC employee. Donors do NOT pay any tax after the donation, since they do not receive any benefit from the transaction.

For a minor donee, the tax must be paid by the guardian parents. If the transaction took place through a notary, he will send information about the transaction to the tax office within 5 days.

This is his duty as specified in paragraph. Apartment owners can only through the court discharge a person who does not live in it and does not pay utilities.

If you have questions, consult a lawyer for free. Ask your question in the form below or in the online consultant window at the bottom right of the screen. Or call the numbers 24 hours a day, 7 days a week:

Apartment donation agreement in 2023

Remember that you can always get our legal assistance, including filling out this form, by contacting us at the phone numbers listed on the website. New sample of the year Apartment donation agreement date of conclusion of the agreement - in words We, F.

At the time of concluding this agreement, the specified apartment belongs to the Donor by right of ownership, which is confirmed by indicating the type, date of issue, number and other information about the title document. The apartment specified in paragraph.

Before signing this agreement, the apartment was inspected by the Donee.

Donation of an apartment between close relatives

Below I have listed a minimum list of documents, but in each specific case additional ones may be required. You can also find out from our lawyer. Ask your question in the online consultant window at the bottom right of the screen or in the comments. You can also call the numbers 24 hours a day, 7 days a week: Follow the link to read the entire list of documents for donating a share of an apartment.

Registration of donation of a share in an apartment in 2023

And, as I understand, she won’t have to pay tax, but if I receive an apartment under a gift agreement, will I have to or not? I’m wondering, isn’t it easier to just go to the notary, give him all the necessary papers and just wait, he will do everything very quickly, even for a fee, rather than end up with so much hassle? Dear Marina! In the provinces, unfortunately, people receive a monthly salary in rubles less than what is required to pay for such a notary service! Good afternoon If a donor wants to divide an apartment into 3 shares, that is, to give an apartment to three people, two of whom are minors, then it is necessary to draw up 3 gift agreements for each person or can everything be drawn up in one agreement? Please tell me, if the donor wants to register an apartment for his two adult children in equal shares, what sample agreement should be filled out? I want to give an apartment to my daughter, who lives in it with two minor sons, all three of them are registered. When giving a gift, can this fact somehow affect the transaction?

Registration of a deed of gift for an apartment

Cost of notary services during registration First, select a notary When donating, you can contact any local notary at the location of the apartment, but within the constituent entity of the Russian Federation - Art. The list of subjects of the Russian Federation is indicated in Art.

This means that if the apartment is located in Moscow or St. Petersburg, then you can contact any notary in Moscow or St. Petersburg. Because these two cities are considered separate subjects of the Russian Federation. For example, when the apartment is in Novosibirsk, then to any notary in the Novosibirsk region.

And the authorized person, together with the donor or donee, will already contact their notary to draw up and sign the agreement.

Let's summarize A deed of gift for a part of an apartment is an agreement that provides for the transfer of part of an apartment as a gift to another person, usually a relative.

What documents are needed for this, how to properly draw up the document so that it has legal force, whether it is possible to revoke the deed of gift - we will tell you everything in the article. Donating a share in an apartment is a standard procedure for the gratuitous transfer of rights to property.

The difference is that the rights to only part of the apartment are transferred to the new owner.

Donating a share in an apartment to a close relative

Deed of gift for a land plot between close relatives Registration of land plots between close relatives has a number of differences from the process of donating an apartment.

The agreement specifies the passport details of the donor and the recipient, detailed information about the plot: When transferring land by the owner to close relatives, notarization is not required; you can immediately contact Rosreestr with the compiled document.

To conclude an agreement, you will need the passports of relatives, documents establishing the right to land, confirming family ties, and the consent of share owners. If there is a house on the plot, then the plot can only be transferred with it; the donation is made at the same time; a plot of land cannot be transferred without a house.

For details about the agreement for donating a car, follow the link: What is better - donating an apartment or bequeathing it according to the law of the year? Donation and will are fundamentally different in that in the first case, ownership rights are transferred from the moment of state registration, and when drawing up a will, the owner is the full owner of his real estate. When giving an apartment, older people, as a rule, do not always understand that they completely lose their rights to privatized housing, they risk ending up on the street if the heir decides to mortgage it, sell it, exchange it; he can perform any actions without asking consent.

Donation agreement for a share of an apartment sample form

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Documents for registration of a deed of gift for a share of an apartment 2023

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Gift deed for a share in an apartment between close relatives

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Page 2 - Agreement for the donation of an apartment in 2023, transfer of real estate to a minor

Hello. Is there a statute of limitations for a gift agreement? the husband gave the child a share in the apartment, after the divorce he wants to return the share back, citing that three years have not passed since the gift

October 13, 2016, 17:27, question No. 1406925 Olga, Ekaterinburg

Category: Housing law 4 answers

please tell me the deed of gift for an apartment is written in any form or is there a standard form, thanks in advance

October 11, 2016, 15:20, question No. 1404146 Sergey Viktorovich Sokolnikov, Moscow

Category: Contract Law 2 answers

Hello. My mother wants to give me part of her apartment. We are close relatives and live in the same apartment. A local notary (Moscow region) told me that in addition to 10 tons for the service, we would also have to pay tax. What already...

October 08, 2016, 12:40, question No. 1401110 Ruslana, Zheleznodorozhny

Category: Tax Law 3 answers

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Hello! Is notarization required for a donation agreement for a share of an apartment between relatives if the agreement was drawn up on May 25, 2016, but state registration has not been carried out to date?

September 18, 2016, 09:50, question No. 1380974 Ksenia, Barnaul

3 answer

I need a sample agreement for the donation of an apartment in Krasnodar at the MFC. I want to give my studio to my mother. register real estate on it.

August 22, 2016, 09:07, question No. 1352477 Evgeniy, Krasnodar

Category: Property rights 1 answer

How many pages should an apartment donation agreement contain? Is it possible to get a sample contract to fill out yourself?

July 24, 2016, 20:04, question No. 1324466 Natalya, Moscow

2 answer

July 22, 2016, 10:31, question No. 1322588 Elena, Moscow

4 answer

Good afternoon Please help, I have prepared an agreement for donating an apartment to a close relative, but perhaps I have not taken everything into account. The questions are: 1. What risks does this agreement have? (text below) What is described ambiguously? 2. What can you add or...

July 05, 2016, 11:07, question No. 1304810 Peter, Moscow

Category: Contract Law 7 answers

It is planned to donate the apartment to a close relative. A family of 4 lives in the apartment and plans to continue living there. What to do with the gift agreement? 1. Is it necessary to list the residents? 2. Which formulation is correct? In the apartment…

01 July 2016, 21:47, question No. 1302103 Vladislav

Category: Property rights 29 answers

How to draw up a gift agreement for a share of an apartment located in Moscow, if the donor and recipient, citizens of the Russian Federation, are in another country? Is it necessary to immediately register ownership of the donated share in the Real Estate Register, or is this possible...

June 23, 2016, 07:42, question No. 1292805 Tatyana, Moscow

1 answer

Good afternoon. I'm married. My mother wants to draw up a deed of donation of an apartment in my name. Will this apartment be considered property acquired during marriage?

June 21, 2016, 12:22, question No. 1290612 Nikolay, Krasnodar

Category: Housing law 3 answers

The garage belongs to my son-in-law, he wants to give me this garage, but my son-in-law left a power of attorney to citizen V. Who should be indicated as the donor in the contract? And the contract must indicate that the garage belongs to citizen B on the basis of a power of attorney? Or...

20 June 2016, 13:12, question No. 1289547 Anatoly

Category: Property rights 2 answers

Good afternoon In the winter of 2016, I bought an apartment. It belonged to the seller on the basis of a gift agreement dated June 2007, it was given to him by his friend. (At that time, the recipient was married, the wife died in 2014.) As it turned out, in the apartment...

June 16, 2016, 22:16, question No. 1286420 Natalya, Smolensk

Category: Contract Law 1 answer

In 2001, my husband's father left a will. Upon entering into an inheritance, the notary adjusted this will in favor of the stepmother of his children. Are the notary's actions legal? In November 2011, the stepmother draws up a donation agreement for her share...

June 16, 2016, 15:18, question No. 1285865 Elena, Perm

Category: Property rights 1 answer

June 16, 2016, 14:27, question No. 1286223 Maria, Moscow

Category: Tax Law 7 answers