A contract to give a share of the land to a relative (model)

As a full-fledged owner of the land, a person may sell, exchange, and bequeath it to any other person; and if the owner intends to hand over the property free of charge, there is a contract for the giving of the land.

The drafting of the agreement takes into account the law governing land matters, as well as the civil and tax regulations in force.

Legislative framework

The basis for successful land conversion, free of charge, is the consent of relatives.

The act of giving is carried out in accordance with the procedure established by the law of the Russian Federation, with the signature of a gift (agreement governing the transfer of the property from the giver to the gifted person), and the transaction will be deemed to have taken place if both parties have agreed to the transfer of property rights and do not have any claims against each other.

In addition to the compulsory writing and registration of rights through Rosreestre, a transfer document is drawn up and signed by both parties to the transaction, which is not required by law by the notary ' s office, but is of a recommendatory nature in order to eliminate the risks of challenge and the possibility of refusal of registration.

If there are registered buildings, houses or other structures on the ground under article 35 of the land law, the transfer of one piece of land without the reorganization of the construction works is not possible; this imposes obligations to include information on the transfer of specific objects at the site to which the contract relates.

Rules for the drafting of a gift contract

• The conditions for signing the gift are similar to the general standards for the donation of gifts.
• The mandatory points of the signed paper are as follows:

• The indication of the full details of the object and participants in the transaction (in the case of minors, his legal representative or guardian participates in the procedure);
• A clear intention to change property free of charge.

The document is written in a simple form on paper, without the possibility of correction and strikethrough. In addition to printed forms, handwritten writing is possible, following the format and structure of a legally relevant document. A pen is used for writing.

Each of the parties involved shall receive its original copy and the third shall, upon registration of the change of ownership, be handed over to the territorial branch of the Fed.

Self-treatment

2. In order to avoid problems with Rostreestro ' s acceptance of the document, it is recommended that a model land donation contract be used for self-drafting.
3. The mandatory details of the agreement include:

1. Personal details of the parties (FIO, passport, address of registration).
2. The exact location of the cadastral map object (Cadastral No. ZU), dimensions;
3. A precise description of the objects registered in the territory;
4. The indication of the encumbrances (if any): these include the encumbrance of the servitette when the land is used for passage, passage by legal persons, or bail.
5. In the case of land or land in a close relative, this should be included in the text of the document, as tax charges would have to be dealt with subsequently.

If the land is obtained during the marriage, the owner acting on his own behalf shall obtain the notarized consent of the second half and, with the participation of the minor, the act shall be performed by a guardian or legal representative; in other cases, if the presence of any of the parties cannot be ensured, the person in question shall conclude the contract on the basis of a written power of attorney.

Through a lawyer.

An experienced lawyer or notary would greatly facilitate the drafting process.

This option is more expensive (legal services are paid), but it would eliminate the risk of refusal to register a gift in Rosreestre, citing a violation of a legal provision (e.g., in the case of a gift from one spouse to another, the property will be considered to be joint if the CA is received during the marriage, which requires the consent of the spouse).

Next, the land donation contract needs to be registered with the new owner; the authority responsible for the registration of real property and transactions with it is Rosreest, and can be accessed through the territorial office of the ZU or through the IFC.

Necessary documents

In order to consider the non-reimbursable transaction completed, it will be necessary to register the right of ownership rather than the most gifted one, and therefore to collect an extensive list of documents:

• Statement;
• 3 copies of the contract;
• a paper on the payment of the public service (in the case of exemption - a proof of the existence of a benefit);
• Participants ' passports;
• Right-making documents (based on the right to a CA by the giver), a certificate of ownership;
• If necessary, the consent of the spouse (is issued by the notary), the authorization of guardianship (in the case of possession of land by a minor or an incompetent person) or the power of attorney (when the presence of one of the parties is not possible).

Registration of a land gift treaty

• In order to consider land as his own property, it is not enough for a gifted land contract to be signed – in Rosreestre, it is necessary to register the change of ownership on the basis of the papers submitted.
• The scheme for State registration of the transfer of ownership includes the following steps:

1. Transfer of documents confirming the voluntary and non-reimbursable transfer of ownership to the staff member.
2. The registration authority checks the validity and correctness of the application; the Rosreestre staff member is required to verify that the LA is given free of charge, as well as in the absence of other possible applicants for land.
3. Within the prescribed time frame (up to 10 working days), a new record of the Owners Register shall be kept and the supporting papers shall be issued to the recipient of the gift.

Model land grant contract 2018

In order to formalize the gift itself, it is necessary to take into account the requirements of the essential conditions of such a legal act when drafting the template; it is recommended that the provisions of article 574 of the Russian Civil Code establishing the rules for the correct presentation of the various forms of gift should be studied; the absence of mandatory paragraphs would make it impossible to recognize the transaction that took place.

Model land grant contract 2018

Each of the conditions is based on the provisions of the Civil Code:

1. An indication of the parties to the transaction.
2. The object of the gift (with precise description, characteristics, inventory data).
3. To mention that the transaction is in the form of a gift (art. 572).
4. The timing of the transfer and the time at which the property will be deemed to belong to a gifted transaction (art. 223). Sometimes the right arises some time, several months, years after the signature of the gift and the receipt of the rights under the consensual transaction.
5. Conditions of registration for the new owner (art. 209).
6. Rights, duties, possible consequences of violations.
7. Grounds for annulment and dissolution (art. 450).
8. Force majeure cases.
9. Other special cases, depending on the nature of the transaction (art. 161).

With basic knowledge of the drafting of legal documents, you can download the form of the contract, then fill out the details of the transaction and print it out. If the contract is not standard, it is recommended that a lawyer be hired to draft the agreement in accordance with the law in force.

Agreement on the giving of a share of the land

The contract for the giving of land represents the transfer of one person ' s own real property to another particular person (several persons), and the conclusion of this agreement, such as transactions in real estate, is strictly regulated by the Civil Code of the Russian Federation, article 32, paragraph 572-582, as well as by the Land, Family and Tax Codes of the Russian Federation.

This legal procedure is more appropriate and beneficial, provided that the parties to the transaction are very close relatives, more detailed advice on the matter can be provided in Moscow; however, the legislation in force does not prohibit the giving person from being treated as an entirely outsider.

 

In order for the gift contract to be in conformity with the law, it is necessary to draw up a contract, certified by a notary, under which the legal transfer of the property to another person will take place.

Diffusion of land without buildings

If the land is acquired by means of a gift between the next of kin (parents and adoptive parents, natural and adoptive children, spouses, grandchildren, grandparents, siblings), the gifted person is not taxed 13 per cent of the income tax under the Tax Law.

A package of documents necessary for the drafting of the gift contract and the subsequent State registration of the property rights of the new owner:

• Statements by both parties to the agreement (statements by authorized persons);
• Grantor ' s passport;
• The passport of the gifted person;
• Notarized powers of attorney (if a representative is present);
• A document certifying the performance of the functions of guardian (guardian) if the gifted party to the contract is a minor child, an incompetent person or a citizen who is restricted by the judicial authorities in his or her capacity;
• A document confirming the adoption of a child (for adoptive parents);
• The cadastral passport for the site (the original and the certified copy);
• Confirmation of the tax inspection of the payment of land and other taxes by the donor;
• Documents confirming the ownership of the site to be given to another person (the original and the copy);
• The consent of the legal spouse of the grantor (notarized) to the conduct of the transaction (if it is joint property);
• Additional documents (birth certificate, marriage certificate, etc.).

The contract must be drawn up in the notary office of the municipal district which includes the land in question.

The new owner of the site should then apply to the Registration Authority to make it compulsory to assert his ownership of the donated real estate.

Only when a certificate of registration is issued for a gifted plot will the gifted person take full legal possession of the land.

If the plot is intended to be donated to someone other than a close relative, the gifted person is subject to a compulsory tax of 13 per cent of the income received in the form of land (in accordance with the Tax Code).

For persons with foreign citizenship, the tax rate would be up to 30 per cent; however, the procedure for drawing up a basic package of documents for the allocation of land to a Russian citizen and a non-resident of the country had little to do with any major difference.

A contract to give a share of the land — a sample

The owner of the plot has the full right to give two or more persons the shares of his title to the land.

In this case, the taxation of the share of each land is calculated on the same basis as for a single piece of land, i.e. in proportion to the share received (with and without construction).

A model contract shall be drawn up with the exact size of the shares (which may be equal or unequal) to each gifted person.

This treaty is allowed to be formalized in a simplified manner and not to be certified notarized, which is not in fact contrary to Russian law, but in order for the treaty to have legal force it is necessary to comply with certain mandatory requirements:

• The agreement must be signed by both parties to the transaction, i.e. the giver and all persons receiving a share of the land.
• The contract must include a detailed description of all the shares of the excluded area (where the area is, who is bordered, etc.).

Model treaty of gifts between relatives 2016

This contract for the disposition of land in the form of gifts is almost always unilateral, thus expressing the free will of one party, but there are also treaties which are of a reciprocal nature.

The conclusion of a gift contract has certain prohibitions and restrictions which are provided for by law; these restrictions apply to persons of certain categories; the fact is that Russian law strictly prohibits the carrying out of an act of gift between commercial entities and units and the giving of gifts to persons holding public office.

If the grantor is a person who owns immovable property in the form of a piece of land in the right of management or economic ownership, he or she can only give the property in question with the consent of the owner himself or herself.

In addition, if the real estate (land) is owned by more than one person at a time, the consent of all owners is required for the transaction to take place.

The gift contract will be null and void if it provides for the transfer of the gift facility (land section) after the death of the giver owner.

All the above details take into account the model contract for the giving of a piece of land, which is filled in directly by a notary office and certified by a notary himself, which is preferable to a simple written contract.

The provisions of the model contract necessarily include a definition of the legal status of both parties to the agreement, a description of the area to be removed, a list of the obligations of the giver, the rights of the gifted person, the existence of buildings on the site; the model treaty necessarily contains information on land and property disputes relating to the site (if any); the contract specifies which party will bear the costs of the State registration of the contract.

The land share agreement is a sample from Rosreestra.

The gift contract is a written document in which the owner gives his property to another person, in which case the right to transfer ownership of the agricultural estate in Rosreestre must be registered; the tax on giving a share of the land to a non-family is 13% of its value; if the gift contract is concluded between the relatives of the NPFL is not paid.

Share of land to a relative — How to Formalize

Under article 14.2 of the Family Code, relatives are:

• Parent;
• The child is a natural, incomplete or adopted child;
• Brother, sister;
• The spouse;
• Grandma, Grandpa.

In the event of the conclusion of an income tax between relatives, no income tax is levied on property (art. 217.18.1 of the Code of Criminal Procedure).

The contract shall be drawn up in a model written form and shall include all information on the land (gifting items) and the persons entering into the agreement.

The right of ownership is transferred from the giver to the gifted person after the registration of the document in Rosreestre; if the giver is married, the husband ' s written approval is required for the drafting of the contract (art. 35).

According to the document, the giver transfers full ownership of the land to the gifted person and renounces all property rights in favour of the second party. (art. 572.h 1 of the Civil Code of the Russian Federation)
A contract can be drawn up by itself or through a notary, which is written in simple writing, the main reason being that there are no mistakes or adjustments.

Necessary documents

In order to draft a contract for the giving of a share of the home and land (the model agreement between the relatives is here) and the transfer of title to another person, a list of the papers must be prepared:

• Request for registration of a treaty;
• Personal certification;
• Grantable in 2 options (one remaining in Rostreister);
• Document of acceptance-transfer (3 options);
• The husband ' s consent to the gift (if he is married and the land is jointly owned);
• Marriage certificate;
• A receipt for the payment of the public service;
• The Land Title Act;
• Inventory scheme;
• BTI certificates.

State for giving a share of the land

The State is required to pay for the registration of a gift; each change in the register is paid separately; for example, for changing the information in the land register on a free-of-charge basis, it is paid for physical exercise. 200 persons, 600 rubles for legal persons. 350 rubles for individuals and enterprises are paid to confirm ownership of the land.

Model

The contract for the giving of a share of the house and land between relatives is not different from the usual form of the gift; it contains information on:

• Where the document was drafted;
• Date of compilation - number and letters;
• Personal details of the parties — F.I.O., passport data, address of residence;
• Agrarian location;
• Cadastral number;
• The size and purpose of the land and its structures;
• The legal acts of the owner;
• Limitation on real estate built on the site;
• Requisitions of the land ownership certificate.

It is recommended that, at the time of writing, the giftee is in an effective position, aware of his actions and decisions; this is necessary in order to prevent the cancellation of the contract, because of the fact that it is invalid because of the grantor ' s incapacity.

download sample

Agreement to give a share of the home and land to minor children

The gifted child has minor differences, but is drawn up according to the usual pattern; the document records the parties involved in the transaction and the subject matter of the transaction, an agricultural field.

The minor ' s official representatives are guardians, adoptive parents, mothers and fathers, who can make transactions in real estate on behalf of the child, unless it is a gift.

That is, in the gift contract, it is the minor who acts as a gift, but it is for his legal representative to sign the document.

The child may sign after the age of 14, with the approval of the legal representatives, when the land is jointly owned by the husband and wife, and if the minor has only one parent, then both are members of the same party.

But the gifter is not entitled to sign the document on behalf of the gifted person; to complete the transaction, it is necessary to involve the guardianship and guardianship authorities; the employee represents the interests of the child and signs the agreement on his behalf; otherwise the registration of the contract in Rosreestre is not different from the usual.

download sample

Contract for the allocation of a share of the agricultural land

The allocation of the share of agricultural land is different from the normal procedure; the owner may dispose of the share of land as he wishes, but the land of the Russian Federation for agricultural purposes is specially controlled by the State, so it is not possible to give the share of agricultural land freely.

Under article 12 of Federal Act No. 101, the owner, without the allocation of agricultural property to the ownership of the share of the land, has the right to give agricultural rations only to another landlord who owns the same share of the land in the agricultural sector in whose ownership the land is held.

If the owner of the share is to take full control of the share, he must allocate the agricultural provision to his drinking, so that he can give the land to anyone he wants.

Otherwise, the form of the contract for the allocation of the share of the agricultural land is no different from the standard.

The gifted person is obliged to pay 13 per cent of the income tax on real estate property upon receipt of the agricultural property, and the relatives of the giver are exempt from payment.

download sample

Share of house without land

The house is the immovable property associated with the site on which it is located. When a part of the house is given, the land is also in possession. The contract may be drawn up separately for each item, or it may be written as a single gift piece for the part of the house and as an agricultural item under it. If it is not placed on cadastral records, it may not be part of the transaction.

The gift contract specifies the market value of real property, the existence of debts, restrictions or prohibitions on the use of property, all information on the house and the farm — location, size, destination, etc. The agreement is registered with the Territorial Office of Rosreestre after signature.

A package of documents shall be made available for registration:

• Application for registration of a share of immovable property;
• Grantable in 3 options;
• Certification of the identity of the parties;
• The right to own the share of the house;
• A bill of payment for the Ministry of the Interior - 2,000 rubles;
• BTI certificates;
• A certificate from the home book about the persons registered in the house;
• The authorization of the guardianship authorities if the children or the disabled are registered in the house if their personal interests are affected by the contract;
• The act of reception — the transfer of real estate;
• The consent of the second spouse if the giver is married.

After registration, the gift is effective and the gifted person may use immovable property in his or her ownership.

If you have any questions, consult a lawyer.

You can ask your question in the form below, in the window of an online consultant at the right of the screen, or call the numbers (round the clock and without the weekend):

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

How to enter into a contract to give a share of the land

G. Alexeyev Author of the article

According to Russian law, any person may give to another person not only a plot but also his or her share of the land; this real estate transaction is governed by the following sources of law:

• Paragraphs 32 of articles 572 to 582 of the Civil Code of the Russian Federation (Provisions relating to gift treaties as well as provisions relating to common property);
• The Russian Land Code, which is due to the specific nature of the subject matter of the transaction;
• The Tax Code of the Russian Federation, which is based on the requirement to pay a tax when concluding a contract;
• The Family Code of the Russian Federation, since relatives are granted tax benefits.

Legal basis of the transaction

In order to conclude a transaction between the giver and the giftee, a contract is made for the giving of a share of the land. It is a legal form for the free transfer of the share of the property owned by the giver to another person.

The form of the transaction is always written. To translate the law, the contract is registered in Rosreister.

It is not necessary, however, to confirm this document from a notary (although it is desirable), in which case it is considered that the gift contract is based on a simplified scheme, which does not conflict with the law in force.

Mandatory conditions for the recognition of a valid transaction:

• The land from which the share is allocated and donated is owned by the giver;
• There are no charges (i.e., no arrest, third-party claims, legal disputes over that share, etc.).
• The transaction is entirely free of charge, i.e. there is no burden;
• The document is signed by both the giver and the gifted;
• A detailed description of the proportion of the area donated (i.e. area, boundaries and other parameters) is documented.

As practice has shown, the most common distribution contract for land is where land is divided between several persons (most of which are close relatives).

According to the legislation of the Russian Federation, the owner of a plot of land may give shares to two or more persons, but the shares may be equal or unequal, at the discretion of the giver.

In this case, a model contract is drawn up, which must be signed by all parties to the transaction (gifter and all gifted persons), and the exact dimensions and boundaries of all excluded shares must be clearly specified in the document.

How to make a contract to give a share of the land

The treaty in question is generally consistent with the contract for the giving of an entire piece of land, but there are specific features as well. The document must contain information relating to the share allocated; it must be described, the area, the boundaries, the location, and other relevant facts.

The model contract for the share of the land area, which you can download on the site, has the following structure:

• The name of the contract;
• Place of detention, date;
• Information on the parties making the transaction;
• The amount of the share is as follows: 1/2, 1/3, 1/4 etc. The area in square metres, the address of the site, the cadastral number, the category of land, the type of use, the availability of the buildings. Information must also be provided from the certificate of ownership of the giver. The total value of the site and the value of the excluded portion are also indicated;
• This paragraph defines the payment of expenses (tax, notary) that are unavoidable when concluding a contract; it may be made clear that the gifted person, in the event of a refusal, is obliged to recover the loss incurred by the giver.
• It is transferred at the time of signing of the Transfer Act, but the registration of ownership requires the registration of a contract for the giving of a share of the land in Rosreestre;
• Liability of the parties, dispute settlement, grounds for avoidance of the contract, circumstances of force majeure.

The document shall be certified by the signatures of the parties giving it legal effect.

What shouldn't be in this treaty? There can't be any conditions that run counter to the principles of giving.

It is prohibited to require the gifted money (costs are not taken into account) and certain actions in favour of the giver or third parties (e.g. the provision of support services).

It is also not possible to state that the object passes on to the gifted after the death of the giver; such requirements automatically render the transaction null and void.

What documents are needed to conclude a contract for a share of the land

In order to draw up this contract and further register the property rights of the new owner, you will need a package of documents as follows:

• General civil passports of the parties to the transaction;
• Statements by the parties;
• Original and certified copy of the cadastral passport per plot;
• Documents for the area from which the share is allocated;
• a certificate from the tax authority on the payment of land tax and other taxes by the donor.

Additional documents:

• Notarized power of attorney (if the party has a representative);
• Adoption document (if the adopter is the giver or gifted person);
• A document certifying the performance of the functions of guardian or trustee (if the gifted person is incompetent or underage, as well as limited capacity by the court);
• Notarized consent of the legal spouse of the giver (if joint property is the subject of the contract);
• Birth and marriage certificates (required for confirmation of related and marital relationships).

Do taxes have to be paid when giving a share of the land

Most often, there is a contract for the granting of a share of the land between relatives, since persons in close relationships recognized by the Family Code of the Russian Federation are granted tax benefits in the course of processing the transaction, plus notaries ' fees.

Close relatives are not required to pay a tax when receiving a gift; the rest of the residents of the Russian Federation pay 13% of the cadastral value of the share; non-residents of the Russian Federation are required to pay 30%; these conditions are set by the legislator to limit the number of fraudulent sales – sales carried out under the guise of giving.

If the donation is made in relation to more than one person, since the shares may be unequal, the taxes are calculated in proportion to the share.

In addition, if the parties have decided to notarize the contract, the next of kin of the giver are entitled to a notarization fee at a preferential rate of 0.3 per cent of the amount of the transaction (but not less than 300 roubles). The remainder pay at least 1 per cent.

Agreement for the provision of land between relatives

The land can be donated to the people of the land, and the land can be given to the outsider, but these cases are quite rare.

Even though there is a relationship of trust between the loved ones and a lot of people don't think it's necessary, but it's better to give according to the rules.

• Life is quite volatile and the lack of the necessary document can have very unpleasant consequences.
• Formation of a contract for the donation of land between relatives
• According to the latest changes in land law, the land donation contract does not require any special procedure for registration and assurance.

A simple written agreement, in our case, between relatives, requires compulsory State registration, the very fact that the full amount of land rights goes to the new owner, in this case, to the gifted relative.

1. The obligation to register rights is, however, binding on all types of land and other real estate transactions.
2. Thus, when you decide to give the land to a close person, you simply have to draw up a written contract and go to Rosreest with that contract, personal documents and land papers for a legitimate procedure.
3. Land in equity property

Exactly the same procedure gives a portion of the land belonging to relatives in certain shares. The owner may dispose of his or her legal portion of the property at his or her discretion. Sell, give, give as collateral, it doesn't matter.

If a part of the land is donated, in addition to the State registration of the transfer of rights, the new owner will need to make changes to the cadastre documents, which will require contacting the special public service, the technical inventory office.

Taxes

It should be noted that the new owner of the land is obliged to pay income tax because he receives income in the form of land, but how do we calculate the amount of the fee, because the price of the land is not specified when the gift is given? It's simple. You have to look at the cadastral passport.

The following is a model form and a model contract for the provision of land between relatives, which can be downloaded free of charge.

A contract to give a share of the land — a sample, a price

The conclusion of a contract for the giving of a share of the land is governed by Chapter 32 of the Russian Civil Code.

However, a number of features are worth taking into account: according to article 246, paragraph 2, of the Russian Civil Code, the rule is that the other co-owners of the plot shall take precedence over the other co-owners; this means that the share of the plot may be given to other persons, not only to the co-owners of the plot.

Practice shows that in giving, the "part of the piece" and the "part of the piece" are confused. If the share is processed, it's either half or a quarter, a third of the entire piece of land.

In the event that the contract deals with the share of:

• Shares need to be determined;
• Identify the boundary of the section;
• Order an inter-sample plan at the geodesy company.

As for part of the site, this is a separate portion derived from the share, i.e. it is already an autonomous area; first of all, it must be verified that the land is registered with the registry office and is kept on cadastral records.

No income tax is required when the gift is granted to relatives.

It is not lawful for you to have any property on the land, nor for you to have any property on it, nor for you to have any wealth, nor for you to have any wealth, nor for you to have a share in it, nor for you to have a share in it, nor for you to have a share in it, nor for you to have a share in it, nor for you to have a share in it, nor for you to have a share in it, nor for you to have a share in it, nor for you to have a share in it; and Allah is Forgiving, Merciful.

If the giver has decided to provide, in addition to the share of the land area, a building on it, it is necessary to provide:

• Documents confirming ownership of the building;
• A certificate confirming that the house is not under arrest or bail;
• Please provide more detailed information on the structure in the treaty.

But the house, unlike the land, is not always divided; but if it is not possible to divide the house in kind, then the property is shared; then the gift will be divided into a portion of the house and a portion of the land.

A distinctive feature of the building site is the need to pay both taxes – on land and on buildings.

Limitation of land rights

The gifted person is not always exempt from property duties; the giving process may involve some restrictions on the use of the land, taking into account the interests of third parties.

However, if the document includes certain conditions upon which the gifted person will acquire ownership of the land, it may be declared null and void, since the transaction is considered to be unconditional and free of charge.

Land owners may also be restricted in their land rights if there is an industrial facility nearby or a piped water supply, in which case protective and sanitary areas are established.

Protected and sanitary areas are the area of land, the purpose of which is to protect the population living in residential homes from the negative effects of industrial facilities in the course of their operation; these zones are established between residential and industrial sites.

Restriction of the right to use land is to be understood as prohibiting the conduct of certain economic activities or the commission of certain acts which are established by an act of the executive authorities or by a court decision (art. 56, para. 3-5, of the Criminal Code of the Russian Federation).

The limitation may be imposed both on a certain period of time and on an indefinite basis.

In order to obtain information on permission to use the land, a request must be made to the executive authorities of the State or municipal authority; you will be able to receive a reply within two weeks of the submission of the request.

If there are restrictions on the land, they must be registered in the Single State.

The list of restricted sites is set out in article 27 of the Russian Code of Criminal Procedure, according to which it is not possible to transfer the site to private property.

Model contract for the allocation of a share of the land

Before drafting the document, it is necessary to study article 572 of the Russian Civil Code. A simple written portion of the land is provided in accordance with article 574 of the Russian Civil Code.

The following information should be included in the land share contract:

1. Both parties' passport records, their registration address.
2. The most complete description of the subject matter of the treaty, specifying:
   • Locations;
   • Square;
   • The site's cadastral number;
   • Data on buildings if a house is given in addition to the land.

Pick up a complete contract sample.

3. Which percentage of the site passes to the gifted one.
4. An indication of the legal identification documents that confirm that the giver is the owner of the plot.
5. Rights and duties of the giver and the gifted.
6. To indicate whether there are any property disputes relating to the site.
7. Signature of the parties.

To download a sample of the land share (shablon) contract.

list of documents for the drafting of the contract

A package of documents must be prepared before a gift contract can be drawn up:

1. The most important and basic document is the land title document, confirming that the giver is indeed the owner of the gift.
2. The passport of the giver and gifted person.
3.

A document indicating that the precinct is not under arrest or bail.
4. Cadastral land passport.
5. Certificate of non-payment from the Tax Inspectorate.
6. BTI certificate on the availability of buildings on land.
7.

If the gift is given to a relative, it is a document that confirms the relationship.

• 8. Act on the calculation of the standard price of land (issued to the district or local land administration committee)
• If the contract specifies the time at which the transfer takes place, an additional certificate of acceptance – the transfer – should be drawn up.
• If the site is owned by more than one owner, the co-owners ' consent to the gift must be further provided.
• The above documents are binding on the transaction procedure, but on notary certification, the notary may require additional documents.

Land allowance as a gift to a minor

The law does not prohibit the granting of a portion of the land to a minor, the only thing that must be done on behalf of the child is by his or her parent or guardian.

Once the contract is registered, the right of ownership is transferred to the child; however, the right to dispose of the site will be transferred only after the age of 14.

In order for the gift to be issued, it is further necessary to provide:

• The authority to represent the interests of the child;
• A birth or adoption certificate;
• Document confirming the credentials of the representative.

Whether the participation of the remaining co-conspirators in the conclusion of the agreement is required

The presence of the co-owners of the land is not necessary; notarized consent is sufficient for the transaction to be processed.

Which documents Rosreister requests

In order to register the transaction, the following documents must be submitted to Rostreister:

• The statements of the giver and the gifted;
• A receipt for the payment of the public service;
• The parties ' passports;
• The power of attorney to carry out the transaction by the representative;
• The certificate of the guardian or trustee;
• Original title documents for the land;
• An extract from the EGRP confirming that no arrest or other charges have been made;
• The cadastral passport for the site and its copy;
• If the plot has been purchased during the marriage, the consent of the spouse to the transaction shall be certified by the notary.

Also, remember that all certificates and documents have a certain period of validity, so a plan must be drawn up to collect them.

Total expenses of the

In order to calculate the total cost, it is necessary to know how much each service costs in the process of processing the gift, so, based on the table, it is necessary to pay for 3 services.

What documents are needed to give your daughter's apartment, read here.

Read the tax on giving land on this page.

As a result, the land share contract requires careful preparation of documents, which may lead to successful registration of land ownership.

It is also worth paying attention to what percentage is given and whether the object of the gift is on this land.

Often, when a transaction is processed, the concepts of part and proportion of the site are confused; this will determine the subsequent steps to be taken.

Set up a land donation between close relatives in stage 3

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What should be understood at the outset?

The allocation of shares does not always require division of the siteSometimes it is possible to single out shares, without interdistinguishing and forming an autonomous section, in which case the boundaries will be conditional, factual, and the legal grounds will be legal.

The owner should be guided by the situation under which new plots are formed. The main point of this procedure is that the minimum standards adopted in the area of the site are met. The shares in the right are allowed to follow, so the area should be considered potentially divided.

The standards shall be established:

• Gradual building documents for land plots for the construction of the private sector.
• Local administrative acts for personal maintenance.

It is for the owner to know the number of relatives to be given, and the number of relatives to be given is determined by the number of shares, each of which must be in accordance with the prescribed standard.

Affiliation is essential for the development of land between close relatives, and benefits are provided to the closest of them:

1. In the provision of notary services;
2. in taxation.

A notary provides a 50 per cent discount for certain technical services, and 0.3 per cent is charged for the writing and certification of the gift value of the ZU instead of 1 per cent of the cadastral value.

In addition, relatives are exempt from taxation.

For ordinary citizens, NPFL is paid 13 per cent of the cadastral value of the land, excluding foreigners who have to pay up to 30 per cent.

Close relatives are limitedThis number includes:

1. Parents (or adoptive parents) and children;
2. Brothers and sisters;
3. Grandparents and grandchildren.

In order to take advantage of the benefits of affinity,should:

1. Before writing, the notary was warned that the property was handed over to the next of kin and the family.
2. Provide proof of affinity on the basis of documentation, including birth certificates and marriage certificates, respectively.
3. In the event of a gift from grandparents to grandchildren, the notary is also provided with the birth certificate of the parents in the line of lineage, and if it is required to identify the mother who has changed her surname, she must produce the marriage certificate.

The remaining acts are carried out in the standard regime of the legal organization.

If you are going to give not only the land but also the DOM with it, you need to read this article. If not a relative is given, come here.

Step-by-step instructions on the issuance of land to close relatives

From the beginning, you need to understand who you're gonna be giving and what you're gonna be giving.Only then will the procedure be followed for granting land to a daughter/son (for example) or other relatives.

Having determined the number of giftsThe information should be obtained in writing, in the form of an official certificate, from the Land Relations Department of the local administration or from an approved person.

Once information has been receivedshould be mathematically divided into the total area of the area by the number of gifted, taking into account its own area, and the private area should not be less than the established standard.

For example, Grandma plans to allocate shares and give to three grandchildren, leaving part of the food for her own use, and she owns a 20-suck plot, while in the inhabited area for this category of land, the LIS is set at a minimum of 4 stats. She has a choice:

• To provide each grandson with a four-seat provision, leaving an area of eight ducts, corresponding to the one-fifth share of the right for each grandson, and keeping two-fifths of the total.
• To divide the territory in equal shares is to single out the grandchildren for five ducts and keep the same amount, which would match the total ownership of one-fourth of the ownership share.

The decision depends on the owner ' s discretion, unless the local law provides otherwise.

Once the share of the gift has been determinedshould go to a notary office or a lawyer to write a gift.

1. The law-making contract or act issued the ZU;
2. A certificate of ownership;
3. The cadastral passport.
4. If the giver owns the shares in the SNT or DNT, the gift requires the formal authorization of the chairman of the board based on the results of the vote held at the general meeting of the members of the partnership.
5. For married persons, the consent of the spouse is given.

Model land donation contract between relatives (sample can be downloaded at the end of article) is permitted on its own.It is legally correct, taking into account the nuances regulated by law for a property gift transaction.

It has to be oriented.:

1. The one-sided initiative of the giver and the acceptance of the gift by the counterparty.
2. The exact date for the transfer of the portion of the right specified by the specified date.
3. A prohibition on retaliation or a demand for retaliatory assignment.
4. The degree of relationship between the giver and the gifted should be included when reporting on the parties.
5. The treaty should define the proportion of LA that is provided for each of the parties.
6. To determine the rights and responsibilities of the parties by accepting and transferring a share of the right.
7. To determine the conditions under which a transaction may be dissolved by agreement of the parties or by judicial procedure.

You can find out more about the presentation of the gift here.

The gift is drawn up on the basis of the number of parties and one copy is required for registration.

In Rosreister, with the contracts and documents, all the parties to the transaction are on the site, except for those for whom the representative acting on a trust is responsible; the State duty is to be paid; it amounts to 2,000 roubles for the registration of each contract; the registration period is 21 working days.

And when they have registered and obtained a certificate of ownership over a specified portion of the contract, the giver and the gifted may dispose of the property in full and without difficulty, and they may set aside a portion thereof, and they may set aside for themselves a portion thereof.

It is then necessary to approach the tax inspection and write an application for exemption from NPFL due to the fact that the property was purchased from a close relative.

Relatives not included in the listare not listed as such in the gift contract in the determination of the parties.

However, a gifted person on whom a tax is levied has the right to file a similar application requesting exemption from payment of NPFL or a reduction in the tax rate; the relationship status and other accompanying reasons should be explained.

The Inspectorate is not obliged to respond to such situations, but allows for identified opportunities.

Couples

If the plot is given to the spouse, it should be borne in mind that the marriage is recognized only officially, if there is a marriage certificate (the land agreement between the spouses is similar to the customary contract of giving the ZU to a relative, it can be downloaded slightly below).Cohabitation is not equated with affinity..

In this case, it is best for the spouses to have a share in the divorce, or if one of them wishes to do so, but the procedure provides an excellent alternative: to draw up an agreement on the allocation of the share; and if one of them wishes to do so, then if one of them wishes to do so, he shall have a fair share; and if one of them wishes to do so, he shall have a fair share in it; and if one of them wishes to do so, he shall have a fair share in it; and Allah is Oft Forgiving, Most Merciful.

Underage children may be given a share.

In this case, the child's interests are to be represented by the parent, usually the mother (the contract to give the land to a minor child is similar to the model form for the contract to give to a relative, and can be downloaded slightly lower).

More information on the topicavailable on the main page of the column.

Documents on the subject of the article

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