Agreement on donation of a share of an apartment between close relatives 2023 sample, form, template, example

The donor (the one who makes the gift) does not receive anything in return for the transferred property. Any consideration on the part of the donee, be it money, property or a service, will turn the transaction into a purchase and sale.

Peculiarities

It does not matter whether the thing is given now, or formalized as a promise (consensual agreement - in this case it will be a legally confirmed intention that binds the donor).

Donation of real estate (house, land, share of a house) is usually carried out between relatives. This is understandable, because a stranger can rarely be so close and loved as to receive such a gift.

For example, if housing is jointly owned by several persons , then it can be donated only after receiving the written consent of all co-owners. If housing is given as a gift, which is property acquired over the years of marriage, then the agreement in this case must be drawn up very carefully, even if the official owner is only one of the spouses.

Termination of the contract as its specific feature

One of the features of a gift agreement is the very small possibility of its termination. It is possible to terminate an agreement if the donor at the time of the transaction did not understand what exactly he was doing and was not aware of the significance of the agreement being concluded. It will be necessary to prove this in court, which can be very difficult and sometimes impossible.

There is a situation when the gift agreement will be immediately terminated - if the donee has made an attempt on the life of the donor, or caused him bodily harm. At the same time, in order to terminate the transaction, all these actions will have to be proven in court.

• You will also have to prove with documents, with witnesses, that the recipient of housing as a gift, for example, makes fires in the apartment, which can lead to irreparable damage and destruction of the gift received.
• The court, in the interests of the rights of the donor's creditors, may invalidate the transaction if the gift was made at least six months before the bankruptcy was declared.
• These are, perhaps, all the few cases in which a gift agreement can be challenged.
• If the donee simply treats the donor poorly, or intends to make some transactions with the received property, then this cannot be a basis for invalidating the contract.

A very important point is that, unlike a will, the rights to property are transferred to the donee immediately, during the life of the donor .

Although there is a caveat that the gift agreement can simply be written on paper by the donor himself, it must undergo state registration, again with a living donor.

If he died without registering his will, after his death both the document written in his own hand and the contract drawn up by the notary become void from the point of view of law.

You can also pay attention to the fact that in the event of the death of the donee, the property will be returned to the donor, but if this is undesirable, then appropriate instructions must be made when drawing up the contract.

In some cases, a gift agreement cannot be concluded. There are a number of persons who cannot be donees. Gifts cannot be accepted by doctors from patients, nannies, or tutors from their pupils . Persons in public service also cannot accept a gift if receiving it is somehow related to their official duties.

How to draw up a house donation agreement

The desire of the two parties entering into an agreement must be mutual, and it must be recorded in writing.

When preparing to make a donation, you need to think about the fact that difficulties may arise with persons who believe that they have rights to the presented housing. In this case, the only document confirming the rights of the donee will be the contract, and any error in it, inaccuracy, or incorrect execution can cause great difficulties.

The agreement must indicate whether there are persons who can begin to defend their rights infringed by the deed of gift. It would not hurt to provide a list and additional information about the people who are registered in the house, whether they will be deregistered and when.

If there are encumbrances, you need to record information about them in the contract; in addition, you can enter into the contract all the data that seems important to the parties.

The fact that in the case of a gift between close relatives (not any degree of relationship, only children, parents, grandparents, brothers and sisters) the donee is exempt from taxes may motivate to hide the sale and pass it off as a gift, however, if the fact of which becomes known -payment, the contract will be declared invalid. Unrelated persons pay tax in the amount established by law (13% of the value of the gift received).

Despite the fact that sometimes relatives do not end up with the idyll they expected, the popularity of this type of transaction is growing - after all, among other things, donation helps to avoid disputes over the division of inheritance.

How to draw up a deed of gift yourself

We must also remember that the transfer of rights to property after the death of the donor requires another document - a will, therefore the donor must be aware that the complete transfer of rights will occur during his lifetime.

You need to sign it together; to transfer rights to real estate, you need to register.

A donation can be made by power of attorney, and both the donee and the object of the transaction must be directly named in the power of attorney. It will be impossible to conclude an agreement using a document that does not contain this information.

For everything to be relatively correct, the contract must contain:

• what is the contract about
• where is it compiled and when?
• full names and passport details of both parties
• indication of who is the “Giver” and who is the “Done”
• an indication that both parties are competent and of sound mind
• precise description of the subject of the contract
• clarification that the property that is the subject of the contract is not officially promised, pledged, etc.
• number of copies and who stores them
• who will pay the costs of completing the contract?
• signatures of the parties

In the description of the subject of the contract, it is necessary to indicate the location of the property, number of floors, number of rooms, footage. There must also be information about the co-owners and their written consent to the transaction must be attached.

There must be an indication whether the contract is real or consensual (a contract that binds the donor with a promise to donate property in the future).

The contract must be carefully written, without corrections or errors.

Registration of deed of gift from a notary, cost

The option of drawing up an agreement with a notary is worth considering, since such an expensive gift as a home or its share requires special attention. It wouldn’t hurt to have confirmed things like:

• capacity, sobriety and soundness of both parties
• absence of violence and threats
• mutual desire of the parties to complete this transaction.

It should be noted that errors made when drawing up a contract can lead to it being recognized as void, therefore, in order to make the transaction difficult to challenge, it is better to turn to a professional, especially since the fee for a notary’s help is very modest (1-2 .5% of the value of the gift).

The document will be drawn up flawlessly and certified accordingly. If a document is lost, you can always get a copy from a notary.

Tax on land under a gift agreement

Transactions of gratuitous transfer of property concluded between close relatives are not subject to taxation. These are: spouses, parents (including adopted ones), grandparents, children (and adopted children), grandchildren, brothers, sisters (both full and half).

If the degree of relationship of the donee is not included in this list, then he will have to pay 13% of the cost of the received house , plot, etc. If the donee is not a citizen of the Russian Federation, then he will have to pay more - 30% .

Since we are talking about real estate, the basis for calculating the amount of tax will be the cadastral value of the property, and it does not matter whether we are talking about the whole house or its share. Therefore, for unrelated persons, the transfer of rights will not be very profitable, and the purchase and sale agreement may be cheaper.

If the gift is accepted, the recipient must file a tax return within the statutory deadlines. Tax evasion will entail not only the need to repay the required amount, but also a fine.

Features of a donation agreement for a share of a residential building

Donation of a house share is a mutual agreement for joint ownership of a residential building (transfer of rights either immediate or in the future).

A residential building is a building that has rooms, communications, auxiliary and utility rooms.

An accurate description of the house wouldn't hurt. Buildings, internal structure: location of rooms, area of ​​each room, total area of ​​the house. Since only part of it is donated, it is necessary to describe exactly which part it is and where exactly within the house it is located. You should indicate the floor (if there are floors), area, number of rooms.

If there are other owners, then it is necessary to obtain written consent from each to complete the transaction.

Having decided to donate a share of the house, you will have to start allocating a share of real estate in kind (this means creating an independent part of the house, with a separate entrance, bathroom, communications).

Next, a construction and technical examination is carried out, based on the conclusion of which it is possible to carry out a division of the house and an agreement with the co-owners (if any).

Once these actions have been completed and an agreement has been reached with all interested parties, the joint decision is registered, and only after this the share of the house can be donated.

The contract is drawn up in the same way as for the whole house. Both a notarized document and a handwritten document are valid.

Features of the contract if a house with land is given as a gift

Land is the same object of donation as a house or its share. The same legal actions can be taken with land as with other property. One of the conditions for a land transaction is that it must be the officially registered property of the donor and he must have the documents necessary for this

The peculiarity of donated land is that it is the property of the donee, which is not subject to division during a divorce. That is, the land does not become the joint property of the spouses, but remains the indivisible property of the one who received it as a gift.

It must be taken into account that before drawing up the contract, information about the site is checked; there should be no debts or other encumbrances on it that could serve as a reason for refusal. All documents for the land must be in perfect order; only under this condition will the gift agreement be concluded successfully.

The contract (it does not matter whether it is drawn up independently or by a notary) describes in detail the subject of the transaction: its exact address, category of land, cadastral number are indicated. If there are buildings on the ground, they are also described. According to Article 271 of the Civil Code of the Russian Federation, along with the land plot, the buildings erected on it also become the property of the donee.

If you plan to donate a share of the plot, then it is necessary to divide it, having completed everything properly and received documents. If there are other land owners, they must express their consent in writing. The agreement describes in detail exactly what share the donee will receive.

The title documents that the donor has are indicated. You should write down whether there are any restrictions or encumbrances.

If the donor is one of the spouses, then it should be taken into account that their property is common. Therefore, in order to gift your share to your spouse, you will have to register it as sole property. This means dividing the existing plot, registering it, registering it, and receiving documents. Only after this can the land be donated between spouses.

However, if the land was previously donated to one of them, or belonged to him before marriage, then it will be possible to conclude a gift agreement without hindrance.

A child who has received land as a gift is represented by his parents (guardians) under 14 years of age. Entry into property rights will occur at the age of 18, or upon marriage.

List of documents for completing a transaction

Documents for drawing up a land donation agreement:

1. written consent to complete the transaction (donor and donee),
2. receipts for payment of services (if prepared by a notary),
3. passports of the parties,
4. if representatives speak, then their powers of attorney,
5. if a child is gifted, then documents of his parents or guardians,
6. if the child is adopted, then documents confirming this fact,
7. certified copies of land title documents, as well as their originals,
8. cadastral map (and its copy),
9. receipts for payment of land taxes,
10. written consent of all co-owners.

After drawing up the agreement, it should be registered, for which the following papers are needed:

1. applications and passports,
2. receipt of payment of state duty,
3. deed of gift in triplicate,
4. confirmation of the absence of tax debts,
5. cadastral map.

After being entered into the register (if we are not talking about a consensual agreement), the donated rights are transferred and the donee becomes the owner.

Sample contract for a residential building and land plot, samples and forms for different cases

Below you can download samples of gift agreements for different cases.

1. Sample land donation agreement - download.
2. Deed of transfer to the land donation agreement - download.
3. House donation agreement - download.
4. Sample consent of the parties to complete a transaction - download.
5. Sample agreement for donating a share of a house - download.
6. Donation agreement for a residential building with a plot of land - download.
7. Donation agreement for a minor - option 1, option 2.

How to properly draw up a deed of gift for real estate? Practicing lawyers in the video explain some of the nuances that will allow you to legally correctly draw up a donation agreement for a house, land and other types of real estate.

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Sample apartment donation agreement: example of filling

An apartment gift agreement is a type of agreement in which the donor transfers real estate to another person free of charge. Most often, such an agreement is concluded between spouses or other close relatives. The parties can draw it up with a notary or independently using a sample.

Deal Features

When drawing up a deed of gift, you should take into account some features of this type of agreement:

• mandatory written form;
• the agreement should not include provisions on any financial obligations of the donee to the donor;
• the division of common property between spouses after a divorce does not apply to real estate that has already been donated;
• The legislation of the Russian Federation does not oblige the parties to certify the deed of gift by a notary. You can write it yourself using a sample.

Drawing up a contract yourself

An apartment donation agreement can be easily drawn up without the help of a specialist, using the appropriate template. The deed of gift form must be in writing. When writing the text of the document, the parties must include the conditions specified in Art. 574 Civil Code of Russia. If the form of the contract is incorrect, the document will be considered invalid.

In order to draw up the text of the deed of gift, you need to download the form from the Internet and replace the specified information about the parties and the object of the transaction. When filling out the paper, be sure to include the following information:

• information about the donor and recipients (passport details, registration address);
• information about the apartment or house (address, area, number of floors, number of rooms, etc.);
• other conditions (for example, the transfer of real estate on a certain date in the future).

The parties can also indicate the cost of the apartment, but this point is optional, especially if the transaction is concluded between spouses or other close relatives.

You can download the sample from any website dedicated to legal topics, but special care is required to fill out the form. Information about the apartment should be as accurate and detailed as possible.

It is best to use information from the property deed.

Read also: How to correctly draw up a deed of gift for an apartment: documents

Download (DOC, 34KB)

Registration

Once the form is completed, the parties must register the deed of gift with the government agency at the address of the apartment being donated. Such bodies may be the Federal Registration Service and, more recently, the MFC.

The parties to the transaction must provide the following documents to the registration authority:

• passports of both parties;
• donation agreement (one copy for the parties to the transaction and one for the archive);
• a document that can certify the donor’s ownership of the transferred property;
• cadastral passport with data on living space;
• extracting from home books with people registered in the apartment;
• permission for a transaction by a guardian or trustee if the donee is incapacitated or a minor;
• document on the cost of the apartment from the BTI;
• proof of the degree of relationship (if the property is transferred to a relative);
• consent of the husband or wife if the apartment was acquired by the spouses during their marriage.

However, if agreement between the spouses could not be reached, one of them can donate his share of the apartment or other property.

The parties must pay a state fee, sign an agreement with the registrar and draw up applications, the form of which will be issued to civil servants. It is important that its provisions do not contradict the data from the deed of gift.

When writing an application, it is advisable to use the contract as an example.

The registrar will pick up the package of documents, and in no more than 10 days, gifted persons can pick up papers confirming ownership of the living space.

Notarial services

If you feel that the draft deed of gift does not look right, you can seek the help of a notary. This method of drawing up an agreement has some advantages:

• the form of the document will comply with all rules;
• the parties should not contact the registration authority, as this will be done directly by the notary;
• If the deed of gift is damaged or lost, a copy of it will be kept by the notary.

The notary himself will write the deed of donation of the apartment. The parties only need to sign the deed of gift, pay the state fee, and then pick up the documents at the Federal Registration Service, MFC or directly at the notary office. The notary must submit the following documents:

• passports of the parties;
• a document certifying the donor's ownership of the transferred property;
• extract from the Unified State Register;
• extract from home book.

Expenses

An apartment donation agreement will cost less if the property is donated to a close relative. You will also save money if you decide to download a standard sample deed of gift from Internet resources without resorting to the help of a notary.

When making a donation, the parties must pay personal income tax in the amount of 13% of the appraised value of the apartment. The exception is when real estate is transferred to a close relative. As an example, a transaction concluded between spouses is not subject to taxation.

When registering an agreement, the parties must pay a state fee in the following amount:

The transaction is concluded between spouses; children and parents; brothers and sisters; grandparents, grandchildren and granddaughters.	0.3% of the cost of living space, but not less than 300 rubles.
The transaction is concluded between other persons; the cost of an apartment is up to 1 million rubles.	1% of the cost of living space, but not less than 300 rubles.
The transaction is concluded between other persons; the cost of an apartment is from 1 to 10 million rubles.	0.75% of the cost of living space; +10 thousand rubles.
The transaction is concluded between other persons; The cost of the apartment is more than 10 million rubles.	0.5% of the cost of living space; +77.5 thousand rubles.

Agreement for donating a share of an apartment: features of the process and filling out documents

Transactions involving the alienation of real estate can be carried out in a wide variety of ways. In relations between relatives, the most common process is the transfer of property, so it is enough to download the agreement of donation of a share of the apartment, fill it out and register it so that a loved one acquires ownership of the living space.

This will allow him to obtain registration, and, therefore, the legal right to live in one of the rooms. With registration you can get a job and gain certain prospects for the future.

Important detail : In addition, in the event of the sale of housing, the co-owner has the legal right to part of the amount that will be received in the event of the sale of the property.

The reader is invited to familiarize himself with how to write a donation agreement for a share of an apartment in such a way as to subsequently eliminate any complications in the future.

Article on the topic: How to write a deed of gift for an apartment?

Features of a deed of gift for part of an apartment

In principle, the process of alienation of part or all of the living space is completely no different. Its essence is that one or more property owners voluntarily transfer a certain share of their housing into the ownership of a specific person.

The registration of a deed of gift is characterized by the following features:

1. A standard agreement for the donation of part of an apartment excludes the inclusion in the text of claims from the party that transfers the property. There can be only one condition - free of charge.
2. It is not allowed to mention that the donee can assume the rights of the owner only after the death of the presenter. This condition is typical for a will. Such an agreement is considered void.
3. The giver has the right to refuse to fulfill his obligations, which are specified in the template of the donation agreement for part of the apartment.
4. Immediately after signing the agreement, the new shareholder becomes the legal owner of a certain premises. At the same time, he has full right to use the entire area of ​​the property, which is classified as non-residential.
5. If a home has several co-owners, then the alienation of part of it is legal only with their common consent.
6. When registering real estate in the name of a close relative, income tax is not charged to the donee. Only registration services are paid for.
7. A real estate transaction is formalized in writing and registered with the Federal Registration Service.

How to draw up an agreement to donate an apartment to a relative? As a rule, part of the real estate is alienated in favor of relatives. One of the most common cases is this type of alienation, when a donation agreement for two shares of real estate is drawn up, a sample of which is at the end of the article.

Basically, this is what parents do in relation to their children who live with them under the same roof. This will save the heirs from litigation in the event of the death of their parents. Numerous relatives may lay claim to a heritage site.

It is almost impossible to seize private property acquired legally.

Also read: Sample power of attorney for donating a share of an apartment.

Sequence of making a deal

The main document that will appear in the process of re-registration of property is a preliminary agreement for the donation of part of the apartment. It is compiled in draft form and is the subject of general discussion. During this discussion, the co-owners of the living space and the donee must decide what exactly is being donated. In addition, the text must specify the procedure for using the received property.

Note : After consensus is reached, it is necessary to take a sample form of an agreement for the donation of part of the apartment and fill out three copies of it. Two of them will go to the participants in the transaction. The third copy will remain with the notary.

It is better to draw up paperwork in a notary office, rather than at home. There are objective reasons for this recommendation:

• an experienced lawyer will not make mistakes in the text of the document, which could be disputed because of this;
• a notary can act as a witness, confirming in court that when signing the papers, the donor did not act under duress and was in a capable state;
• one copy of the agreement, which will remain in the office, will help restore others if they are lost;
• The specialist will give you a sample of filling out a donation agreement for part of the apartment, provide clarification on unclear issues and tell you how to proceed further.

The cost of notary services is low, but the benefits from them can be invaluable.

Papers required for donation

It may take up to two weeks to collect the documents required for registration.

To submit to Rosreestr you will need the following documents:

• passports and birth certificates of minors;
• originals of deeds of gift (preferably certified by a lawyer);
• certificate of ownership of real estate;
• receipt of payment of the state fee for registration of the agreement;
• technical passport for the facility, issued by BTI;
• certificate of assessment of the market value of housing;
• an extract from the house register, certified by the responsible official;
• consent of the co-owners of the property to re-register part of it;
• permits from guardianship authorities for participation in the transaction of incapacitated citizens;
• power of attorney for the authorized representative of one of the parties to the contract.

In some cases, an act of acceptance and transfer of property may be required. This paper is not mandatory and serves as an aid for the donee in the case provided for in Art. 580 of the Civil Code of the Russian Federation. It talks about the harm that may be caused to the health or property of the recipient due to defects in the donated housing.

Sequence of document preparation

Knowledge of a simple algorithm for re-registration of property will allow you to carry out this process quickly and without complications.

You need to act in the following sequence:

1. Obtain consent to the alienation of part of the real estate from all interested parties.
2. Agree verbally on the technical side of the issue.
3. Find an example of filling out a donation of a share of an apartment. Make up your own version.
4. Collect the entire set of necessary papers.
5. Sign and register the deed of gift with a notary.
6. Pay the state fee.
7. Submit documents for state registration to the Federal Registration Service or MFC. Rosreestr has a sample application for donating an apartment.
8. Inform the BTI and the housing maintenance authority at the place of registration about the redistribution of property.

At this point, the gratuitous mission is considered completed. After this, it is necessary to carefully store the received papers and treat the received property with care so as not to give its former owner a reason to terminate the transaction.

Sample document

Sample agreement for donating a share of an apartment

Video on the topic

Donation agreement for part of an apartment between close relatives documents, taxes

One of the most common transactions with real estate is the transfer of it as a gift to a close relative. As an example, we can cite a case where an old grandmother transfers her housing property as a gift to her beloved grandson. The advantage of such a transaction is the fact that a gratuitous kinship gift is the easiest way to transfer housing to a family member, since this procedure does not require a notarial verdict, is not subject to state duty and is completed completely free of charge. Let's take a closer look at the procedure that determines how donation should take place, its features, registration of documents and other issues.

Agreement for the donation of an apartment between close relatives, how to draw it up, form

According to Russian legislation, any person who owns real estate, lives on the territory of the Russian Federation and is its citizen, has the right to donate housing or part of his share to his close relative. In this case, taxes are not charged for the transaction. Who in the family can be gifted with the rights of immediate relatives? These are children, grandchildren, siblings, mothers and fathers, grandparents.

In order for the registration of a gift in relation to a family member to be free of charge, it is necessary to correctly draw up the appropriate agreement.

Procedure, conditions

The terms and procedure of the transaction are quite simple. You need to collect a package of required documents and go to the nearest registration office. No money is charged for the procedure, nor is the amount of the donation determined. Notarization is similarly not required.

Form, template, sample

The form of the document is available on many legal and legal Internet resources. The 2016 form for donating an apartment between close relatives can be downloaded for free in Word format using the link:

Donation agreement for part of an apartment between close relatives, 2016

The donating person draws up the text of the donation agreement for part of the apartment in writing. You can download this document for free and without registration at:

Documentation

When registering a deed of gift for property, the donor and recipient of the gift must appear at the registration organization with the following list of documents:

• Identity documents from two relatives (the donor of the property and the receiving party) indicating the following details - last names, first names and patronymics of the persons involved, their dates of birth, registered address at the place of residence;
• Certificates for privatized property - a receipt for payment of the tax on the right of ownership, the donor’s approval of the transfer of rights to real estate, a statement from the relative accepting the gift;
• Drawed up according to the template, a document of donation of housing free of charge;
• Consent of all residents of the house (apartment), if there is more than one owner of the property and he formalizes a gift of half of the property or his share (room);
• Cadastral document for a residential property (passport);
• Paper with BTI on real estate valuation information;
• If a gift is given to a minor, the written consent of his guardian is required.

Apartment donation agreement between close relatives 2016 tax, state duty

There is no state fee when registering real estate as a gift to a family member. Only donations made to distant relatives - first and second cousins, brothers, uncles, aunts, and so on - can be taxed.

In this case, the cost of this type of transaction will cost 13 percent of the value of the property. To the question whether a standard document must be certified by a notary, the answer is negative - notarization is not required.

Registration, registration

In order for the process of transferring real estate as a gift to a relative to have legal force, it is necessary to go through the procedure of registering it to the new owner, who is the recipient, with information entered into the state Rosreestr of the Russian Federation.

Registration takes place at the registration authority, where the owner and the person who receives the immovable gift must appear with a list of all the documents described above.

In order to facilitate this process, you can use the services of a civil law consultant who will represent the interests of his client at all stages of the donation.

As a rule, such consultants can be found in any locality in Russia, including Ryazan, Ufa, Perm, Tomsk and other cities.

If you have questions, consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• 8 (800) 350-83-59 — all regions of the Russian Federation.

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

A gift implies that property is transferred free of charge. When it comes to real estate or movable property, this is a rather large gift. As a rule, the donor transfers it to a person with whom he has a fairly trusting relationship. Therefore, the vast majority of such gifts are made in favor of relatives and loved ones.

How to properly draw up a deed of gift for an apartment between close relatives in 2023?

A gift is an ordinary transaction between two or more entities. According to the general rules of transactions, the donation of an apartment between close relatives should occur on the basis of an agreement.

Legal regulation

It should be noted that property transferred as a gift to a close relative is not subject to taxation (Article 217 of the Tax Code). But you need to know exactly who belongs to the circle of such persons. Otherwise, it will be an ordinary transaction, for which it is necessary not only to report, but also to pay tax on the income received to the state.

The Family Code identifies close relatives for the purpose of gifting in the circle:

• parents and adoptive parents;
• natural and adopted children;
• brothers and sisters, including step-brothers;
• grandparents;
• spouses.

A significant difference between a gift between close relatives is the lack of profitability, so the value of this property will not be subject to personal income tax.

The subject of a gift agreement can be any property benefit. Immediately after receipt, the new owner can fully dispose of it. Real estate objects are transferred after registration of rights to them in Rosreestr.

Civil Code Art. 575 and 576 limits the circle of persons who can act as a donor:

• children under the age of majority (14 years);
• citizens declared incompetent;
• representatives of incapacitated persons and minor children.

But they can receive property as a gift.

It is prohibited to donate property under an agreement:

• employees (as well as their spouses and relatives) of medical, educational or social institutions, provided that the donor is supported, educated or treated there;
• a state or municipal employee holding an official position or performing official duties;
• without the consent of other owners, if the property is jointly owned.

Do you need a notary when signing a gift agreement?

The legislator does not require mandatory notarization of the transaction. The exceptions are cases of alienation of real estate:

• belonging to a minor citizen or person with limited legal capacity;
• shares in common property (except for land), even if all participants alienate the shared property within the framework of one agreement.

However, many people prefer to contact a notary in order to subsequently eliminate the occurrence of unpleasant situations.

How much does a gift deed from a notary cost in 2023?

When drawing up a gift agreement between close relatives, a reduced notary fee is applied. The price of notary services consists of the tariff for services and the state fee.

Here are the prices in some cities:

City
Minimum fee for the service, rub.
Notary fee, rub

Moscow	5400	0.3% of the contract amount
Saint Petersburg	6000
Omsk	5800
Samara	4400
Tomsk	7100
Permian	6500
Novosibirsk	6100

For example : In Moscow, citizen Ivanov draws up a deed of gift for his son from a notary for an apartment worth 2,500 thousand rubles. The notary in this case will cost:

5400 + (2,500,000-0.3%) = 12,900 rubles.

Types of gift agreements

The legislation divides into three types of gift agreements. All of them are confirmation of the gratuitous transfer of property, but they have some peculiarities.

1. Simple gift agreement . It can be concluded with any person, including a close relative. Based on this document, the rights to the subject of the contract are completely transferred to the new owner. He can dispose of it fully immediately after signing or after state registration.
2. Contract of promise of gift or consensual . According to such an agreement, the property will not be transferred to the donee immediately, but at an appointed time or upon the occurrence of specified circumstances. Such an agreement must contain a detailed description of the gift and a clarification that there is an intention to transfer it to a relative.
3. Donation agreement . A special feature of such a document is the donation of property for public use. If this condition is violated, the donor has the right to terminate the agreement. Therefore, the recipient will have to prove that the gift was used for its intended purpose. If one of the parties becomes incapacitated or dies, the agreement must be reviewed in court.

Main points of the gift agreement

Registration of contractual relations does not have strict legal requirements. A gift agreement between close relatives also does not have any framework, and each party can apply its own conditions that do not contradict the law. A generally accepted design is considered when the following points are present:

• date and place of compilation;
• the name of the agreement giving the concept that we are talking about a gift;
• details of both parties indicating full name, passport details;
• an accurate description of the subject of the agreement, which will be transferred as a gift, specifying the details of the document on the emergence of rights to the transferred property of the donor;
• rights and obligations of the parties, where the main responsibility of the donor is the transfer of property, and the donee is its careful use. Obligations of a different nature, for example, the contribution of any funds, make the contract void and inappropriate for its purpose. The donee may have the right to refuse to receive property;
• the procedure for transferring the gift or conditions must be indicated;
• the final provisions may stipulate the moment the document enters into force, the number of its copies, attached documents and other additional information not included in other sections;
• details of the parties, where information about the persons who entered into the agreement is written out as completely as possible and their signatures are affixed.

Sample, form 2023

• Download the form for an apartment donation agreement - it is also used when registering a donation between close relatives, with the condition that the donation be canceled if he survives the recipient.
• Form of agreement for the donation of an apartment between close relatives (with a sample filling).
• Donation agreement for a house and land to a relative: sample 2023

The procedure for registering a gift agreement through Rosreestr and MFC

Property rights received under a gift agreement for real estate are subject to state registration. This is due to the fact that there is a transfer of rights, and it must be reflected in the state register. Only then will the citizen who received the gift be able to fully dispose of it.

Legislation in Art. 574 of the Civil Code allows the donation of movable property orally or in writing, but the donation of real estate is formalized in simple writing and is subject to mandatory state registration.

Currently, citizens can use the services of multifunctional centers to submit documents for registration to Rosreestr. The advantage is the reduction of waiting time in queues and accessibility - the MFC has an extensive network and offices are present in almost all localities.

When contacting the territorial body of Rosreestr, you must provide a package of documents:

• application in the prescribed form;
• identification documents of the parties to the agreement;
• if a trusted person is involved with any of the parties, you will need to provide a corresponding document granting him such powers, certified by a notary;
• a gift agreement in the number of copies, one for each participant in the transaction and one for Rosreestr;
• title documents for the subject of the gift agreement;
• technical passport of the object received from the BTI;
• cadastral plan of a plot of land.

Additionally, the consent of the spouse will be required if the property is jointly owned.

For actions to transfer ownership rights, a state fee is charged - 2000 rubles.

After receiving the package, the documents are assessed, the legality of the actions is determined and the corresponding entry is made in the unified state real estate register. 10 working days are allotted for these actions. The result will be receiving an extract from the Unified State Register of Real Estate indicating the new owner of the property.

Once the rights to a gift have been registered, the actions can only be challenged in court.

Cancellation of a gift agreement - explanations from Rosreestr!

The possibility of canceling a gift agreement is enshrined in Art. 578 Civil Code. In a number of cases, the donor (or his relatives) has the right to go to court to cancel it and return the property:

• the donee made an attempt on the life and health of the donor or members of his family;
• the donee intentionally caused bodily harm to the donor or his close relatives or deprived the donor of his life;
• by his actions, the donee creates the threat of complete loss of the received property.

Interested parties may go to court and demand cancellation of the gift agreement when the donor is an entrepreneur or organization declared bankrupt in relation to property related to its activities. To do this, you have six months from the date of declaring him bankrupt.

The gift agreement may provide for the possibility of its cancellation due to the death of the donee. Then the property will be returned to the donor in the form it was at the time of cancellation.

An example from life . Citizen F. gave citizen M. an apartment, having drawn up and registered the gift deed in accordance with all the rules. Some time later, she contacted the Rosreestr body with a death certificate for citizen M. and a demand to cancel the deed of gift. To which I received a justified refusal, with which I was dissatisfied.

She decided to defend her interests in court, presenting the text of Article 578 of the Civil Code as an argument. But, since there is no clause regarding the return of property in the event of the death of the donee, the demands of citizen F. are recognized as unfounded. As a result, her claim was denied. And the apartment became part of the deceased’s estate.

When drawing up a deed of gift for an apartment, everyone should know that such a transaction must be taken seriously. You are deprived of any rights in relation to the donated real estate, and the recipient can dispose of it at his own discretion.

Video: How to draft a gift agreement? Advice from an MFC employee!

Apartment donation agreement (sample 2023)

Helpful information

The apartment donation agreement is concluded between the donor and the recipient, they can be close relatives or strangers. Gratuitous means that the donor has no right to demand anything in return. If there is a counter transfer of property (movable or immovable), then such a donation will be considered void.

How to draw up a deed of gift for an apartment in 2023: sample

The laws provide restrictions on the possibility of donating an apartment:

• donors cannot be minors (under the age of 14) or incapacitated citizens;
• cannot be given to employees of educational, medical organizations, social service institutions to citizens who use their services;
• in relations between legal entities, and more precisely between commercial organizations;
• state and municipal employees and persons holding public positions in connection with the duties they perform.

Other persons can give and receive an apartment as a gift.

Registration of an apartment donation agreement

Currently, state registration of the agreement is not required. In this case, state registration of the transfer of rights to the apartment is required. Important: if the apartment is in common (shared) ownership, then in accordance with Part 1 of Art.

42 Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”, the donation agreement for a share of an apartment is subject to mandatory notarization. In case of donation of the entire apartment by all owners, notarization is not required.

To register the transfer of rights, it is necessary to collect a package of documents and submit them to Rosreestr. You will need:

• statement;
• deed of gift for an apartment between close relatives;
• a document confirming the donor’s right of ownership of the home;
• passports of the donor and recipient;
• cadastral passport and explication of real estate (share);
• receipt of payment of state duty;

Depending on the situation, other documents may be needed: notarized consent of the spouse, power of attorney.

Conditions for donating an apartment

There is only one essential condition in this agreement, this is the subject (residential real estate). Without a clear and unambiguous indication of the residential property, the contract will not be considered valid. The donated apartment must be described in as much detail as possible to avoid further disputes. The remaining conditions are considered non-essential (optional).

On this page you can download a sample apartment donation agreement that is current for 2023, as well as an act of acceptance and transfer of property, a protocol of disagreements, a protocol for reconciling disagreements, and an additional agreement.