How to make a gift for a share in an apartment: a description of the procedure, documents and recommendations
Donations are one of the basic means of transferring property to one or another person with living owners. Therefore, many people think about how to issue a deed of gift to the owners. It’s not always that the owners have complete real estate. Very often, especially in families, it happens that only part of an apartment is provided to citizens. Therefore, the issue of gift solves a huge number of problems. But is it possible to give shares in apartments? How to do it? What features of the process should all property owners know? All this will be discussed below. In fact, everything is much simpler than it seems.
Is there any right
For a start, you will have to understand whether owners can only give one or another share in real estate. Only after that you can think about how to make gifts. It is likely that the issue is not the case.
In fact, property owners can do whatever they want with their property: transfer, donate, sell, change. Therefore, you can give a share in the apartment. Moreover, this rule applies to all cases - and when the property is fully owned by the citizen, and when a specific share is initially allocated in the apartment.
Who can give
The next very important question is who can give the property. The important moment demanding separate attention. Who can make gifts?
According to established laws, a citizen has the right to donate property to any citizens. In practice, the recipients of real estate or its parts are most often relatives. And close.
Registration gift for the share of the apartment has a huge number of features. Some nuances depend on who exactly will be transferred property. What should I look for?
Taxes and endowment
For example, whether you need to pay tax for the receipt of property. An extremely important point to which each recipient of real estate should pay attention. After all, it is he who will have to incur these expenses, if such are provided for by law.
The thing is that when transferring property with the help of gifts, it is necessary to pay taxes in the amount established in Russia. For ordinary citizens it is 13%, for foreigners - 30%. All citizens who receive a share or all of the property as a whole are obliged to contribute the specified percents to the state’s treasury. They are based on the value of the property.
But there are exceptions. It is possible to issue a deed of gift for a share in an apartment to a relative who is related to the category of relatives, free of charge. This payment is not needed if the transaction is made with:
In all other cases, you will have to pay taxes in the prescribed amount. Therefore, donations made to outsiders are not so common.
How to make out
How to make a gift for a share in the apartment? Answering this question is not as difficult as it seems. There are only a few ways to make a deal. Which ones?
To date, you can issue a gift:
- through a notary;
- through special legal services.
Most often in practice there is a second scenario. But the first has a number of advantages.Independent execution of a transaction for the transfer of a share in an apartment allows you to:
- self-check all documents for real estate;
- learn how to make a contract of donation;
- save cash.
We'll have to consider all options for action. After all, this is the only way to fully understand how you can get a gift for a share in an apartment. In fact, if properly prepared and studied all the features of the process, it is not so difficult to put the idea into practice.
Where to handle documents
With the ways of registration everything is clear. More about them will be discussed below. And where to make a gift for a share in the apartment? Where to go with these or other documents?
As a rule, these questions arise from those who independently engage in the transfer of property to the property. Where should they submit the appropriate package of documents?
To date, it is allowed to execute gift contracts through the following services:
- cadastral chambers;
- multifunctional centers.
More and more often, people turn to the MFC for the conclusion of certain transactions. As a rule, if a citizen turned to an intermediary law firm,then in no other place should the relevant package of papers be assigned. This is convenient, but often the cost of manipulation is not justified.
You should pay attention to the fact that all documents are submitted either in person or sent by mail. In the first case, the transaction will be carried out faster.
Drawing up a deed of gift
How can I make a gift for a share in the apartment? A huge role is played by the drafting of the contract of donation. This is the main document that will govern the conditions of the transaction. Therefore, we will have to pay special attention to this paper. When referring to a notary, as a rule, the contract is drawn up easily. But it is better to draw up an agreement on their own.
What items must necessarily contain a gift? Among them are:
- Basic data of the parties. It is necessary to indicate information from the passport, as well as addresses of residence and the city in which citizens live.
- Information about the subject of donation. In this situation - this is the share in the apartment. Be sure to write the address of the property.
- Consent to the acceptance of the property as a gift. Another mandatory item. As a rule, it is enough to write something like: "I, Ivanov Ivan Ivanovich, agree to accept the gift of property ....".At the end of the agreement, the donee is signed in order to confirm the words spoken.
- Full description of the apartment. It should be presented in detail. Also be sure to attach documents to the property.
- Terms of cancellation agreement. Gift deed can be canceled. The contract must be prescribed cases in which the transaction is recognized as invalid.
- Specifying exactly when the property rights will be transferred to the new owner. As a rule, this happens after signing the contract directly.
- The duties of the donee are also prescribed in the agreement. It also specifies the conditions of costs that will have to do in the process of making a gift.
- A reference to knowledge of the laws in the transaction. Usually it is prescribed at the very end of the agreement.
- Notification of the donee about the absence of certain encumbrances, as well as clarification of the specific share to be transferred to the property.
- Indication of all registered in the apartment of citizens, with the specification of kinship.
- The reasons and procedure for amending this contract. On the termination of the agreement will also have to write.
- The date of the transaction, as well as a place for the signatures of the parties.
All this will help to make up the gift extremely. If the property has several owners, it is necessary to state in the document their consent to the transaction. But this is necessary only with the joint ownership of citizens.
List of documents for personal registration
Interested in a gift for a share in the apartment? How to make it easily? For this it is necessary to collect a certain list of papers. It will differ both in the case of appeal to a notary, and when conducting the procedure independently. What documents are requested by the relevant authorities in the second situation?
For successful registration of the gift for the share in a particular apartment citizens must bring:
- agreement of the parties (the deed of gift itself);
- documents indicating the property rights of the donor;
- identity cards of the parties (meaning passports);
- an extract from the BTI and the house book with an indication of all persons registered in the apartment;
- marriage contract (if available);
- documents confirming the existence or consent of the marriage with the owner;
- the consent of the spouse to transfer the share in the apartment (if we are talking about joint property);
- cadastral passport;
- certificates indicating the absence of debts for any payments related to the apartment (most often taken in the management company);
- permission of all owners to the transaction (with joint ownership);
- permission from the guardianship authorities to carry out the operation (if the minor appears in the agreement).
All these papers must be provided to the appropriate services, not only in the original, but also in copies. All certificates are certified by a notary, otherwise they will be invalidated.
The order of registration
How to make a gift for a share in the apartment? In the same way as the whole apartment. The process as a whole will be no different. The procedure is simple. You can describe the whole process in just a few steps.
If more precisely, the conclusion of the contract of donation is divided into the following stages:
- Collection of documents. Be sure to check them.
- Preparation of contract. It is submitted only in writing. All documents in original and copies are attached to it.
- Registration of the contract. For this purpose, citizens turn to the MFC or to notaries. No matter where to go.The process of registering an agreement is no different.
- Payment of state duty. Payment is made by the recipient. It is recommended when you contact the notary immediately bring a check on payment.
How can I make a gift for a share in the apartment? An independent appeal to the MFC or the cadastral chamber will be held according to the following scheme:
- The parties collect the documents, preferably pay a fee for the transaction and sign the contract.
- A donor and a donee turn into a particular service with documents, a receipt for payment of state duty, as well as an agreement. They submit an application for registration of the transaction in two copies. A request is made directly to the cadastral chamber or the MFC.
- The registrar will collect documents with copies and originals from the parties (only the passport is left). Further, persons will be issued receipts, which will indicate the date of filing, as well as the time of receipt of new documents on property rights.
- On the appointed day, the parties come to the cadastral chamber (or the MFC, it all depends on where the citizens initially applied) with passports and extracts. The registrar gives the originals of valid documents, the new owner receives a certificate of his rights.
In fact, there is nothing difficult.Now I understand how to make a gift for a share in the apartment. The price of this issue is limited only by the size of the state duty. She is about 2,000 rubles.
Through the notary
A little more expensive will cost similar actions carried out through a notary. Nevertheless, many citizens prefer just such a scenario. The order of registration of the transaction varies somewhat.
How to make a gift for a share in the apartment through a notary? Necessary:
- To make an agreement. Or consider its conditions.
- Collect a package of documents (originals + copies).
- Refer to the notary. Further, depending on the situation, a gift agreement is drawn up or it is immediately signed and notarized.
- Get a receipt from the notary about the validity of the transaction.
- To apply with documents and the agreement to the cadastral chamber for obtaining a certificate of ownership.
Nothing more is needed. Reception is not very convenient. All this is due to the fact that it is necessary to apply not only to the notary office, but also to the cadastral chamber.
Documents for the transaction with the notary
How to make a gift for a share in the apartment through a notary? What documents are needed for this? Among the mandatory papers emit:
- passports of the parties;
- cadastral passport of real estate;
- extract from EGRP;
- certificate of registered persons in the apartment;
- certificate of title;
- an extract from the house book;
- receipt of payment of state duty;
- agreement of other owners on the implementation of the transaction (if there are several owners).
You can also bring a ready-made contract. But, as practice shows, a legally competent agreement is drawn up at the notary. And it is already signed by the parties.
It is worth paying attention to the fact that the issued donation may be revoked by the former owner under certain circumstances. The concluded deal is allowed to cancel within a year from the moment of signing the agreement. Will have to go to court.
When does the agreement cancel? A gift can be withdrawn if:
- The new owner has committed a crime against the former owner of the property or his family.
- The donee represents the threat of losing the gift, which is of immaterial value to the donor.
- The apartment is a social value (cultural, historical). If it can be spoiled, then it is possible to cancel the contract of gift.
- The murder committed by the recipient.All the heirs of the former owner may require recognition of the transaction as invalid.
Now I understand how to make a gift on the house. The order, prices and documents in this case will be exactly the same as in the case of the transfer of a share in an apartment as a gift. How much does a transaction cost?
By the time the verification of documents and the issuance of new certificates of ownership takes about 10 days. Citizens are advised to simply set aside a month to fully resolve issues related to the deed of gift.
But in monetary terms, the costs are different. It all depends on how the grant was registered for the share in the apartment. How to make an agreement is clear. Spending may be approximately as follows:
- registration of the contract through the cadastral chamber - 1 400 rubles;
- actions through a notary - 2 000 rubles (fee);
- appeal to the law office - depending on the value of the property + the amount of state duty.
Making a gift for the share of the apartment - a process that many are familiar with. Putting it into life is not as difficult as it seems!