Duration of the gift agreement

How to issue a deed of gift for a child or incapacitated person?

First, a gift agreement is signed by both parties.
Then it is registered with the Federal Registration Service.
You can have the document certified by a notary; this, of course, is not necessary, but it is advisable. This is a useful service; if documents are lost, you can always count on a copy.

Provide the necessary documents:

consent of all family members, and necessarily notarized, if, of course, this property is jointly acquired;
a document proving your ownership of it;
certificate about the number of registered people in the apartment;
appraisal paper from the BTI;
for a minor, as well as an incapacitated citizen, the written consent of a guardian will be required;
if the apartment has several owners, their consent will also be required;
passports of 2 parties;
a gift agreement, which must be signed by both parties;
cadastral passport received from the BTI;
the authorized representative will need a completed agreement in accordance with all the rules;

The Federal Reserve System often requires additional documents; these will also need to be provided in full. You will also need to pay a fixed state fee. duty. The size and details will be communicated and issued immediately on the spot.

The registrar will take all the documents you have prepared, of course, except for passports. In return, you will be given a receipt in the prescribed form. They will definitely set a time when you need to come up with a completed contract.

Registration process

Includes 2 design options, optional:

independent;
through a notary.

In option 1, you will have to fill out the document yourself with the following information:

information about the subject of the donation;
data of 2 parties;
name of the required object;
document on legal ownership;
signatures;
exact parameters and data of the object.

Documents are prepared at the Registration Chamber. When the registrar receives them, you will need to draw up a statement signed on both sides.

Then the registrar will take all the documents and issue in return (within 10 calendar days):

copies of the finished contract;
certificate of your right to property.

If you want to save your time and use (prudently) the services of a notary, then just prepare the necessary documents for him and pay him, although the services are not cheap. He will quickly and sensibly draw up an agreement, and you just sign it. And after some time, the recipient will receive a completed certificate.

According to our legislation, the registration procedure is required to be carried out by the Federal Registration Service.

To carry out this procedure we will need:

a document with the true assessed value of the property;
a certificate indicating the number of registered people in the apartment;
2 passports: donee, donor;
cadastral passport (take from BTI);
documents about your existing property rights;
technical passport of housing;
agreement on drawing up a deed of gift;
gift agreement;
extract from the house register, etc.

This is the main package of documents, but it may change and be added a little. Much depends on the design conditions. When the deed of gift is ready, you immediately need to re-register the apartment in your name. It is better to clarify the list of documents in the Registration Chamber (reference window) or the MFC.

We invite you to familiarize yourself with: The amount of payments for guardianship of an elderly person

It looks like this:

Subject of the agreement - the name is indicated (for example, a three-room apartment). The technical data of the object is also entered here.
Parties to the agreement enter the details of both passports and place of registration. If the donee is a minor, instead of passport data, entries from the birth certificate are made.
No encumbrances - your apartment must be free from unfounded and justified property claims of other persons; written evidence of this is needed.
Registration - when there are registered people in the apartment, it is necessary to indicate the deadline for their eviction and check-out.
Title document - you need to start with the words “This living space now belongs to (full name) based on the data...”

Below are the exact details of the documents:

original certificate of inheritance;
agreement for joint participation in shared construction;
a document indicating the right to your property.

Responsibility and rights of both parties - write the phrase: “Rights and responsibilities are not at all provided for in this agreement, but are established in accordance with the current legislation of the Russian Federation.”

But often this paragraph also includes:

termination of this agreement - note under what circumstances and how this transaction can be canceled;
signatures of 2 parties - legal representatives, signed in person when submitting documents.

The gift agreement is considered legal and valid only after state registration. When a transaction is formalized by a notary, this agreement is immediately drawn up and signed.

Then it must be certified and registered at will:

MFC;
Registration Chamber.

There are situations where notarization is not required, since the agreement is submitted for registration immediately, in the case of:

the apartment has one owner;
joint property of both spouses.

Only the closest relatives should be exempt from paying taxes: fathers, mothers, children, grandchildren, grandmothers, grandfathers, etc. When donating to all other relatives, other persons will have to pay 13% of the total cost.

Costs will depend on the option chosen:

If the documents were certified by a notary, then you will need to pay: services from about 8 thousand rubles. % of the transaction and up to 10–13 thousand rubles. for carrying out technical work.
Self-registration will cost 3 thousand rubles.

A competent lawyer can draw up an agreement in less than an hour, but this, of course, is provided that he has all the documents he needs. The transaction then goes through the required registration.

The timing will depend on the workload of employees, the choice of registration service, etc. But on average it will not exceed 10–15 days. If you do this yourself, then with the collection of all the necessary data it will take about a month.

The law protects the rights of children - this is stated in Articles 26, 28 of the Civil Code of the Russian Federation. As well as incapacitated citizens - this is Article 29 of the Civil Code of the Russian Federation.

The following may accept property from them:

one of their parents;
guardian.

But giving someone else’s property, even on their behalf, is strictly prohibited at the legislative level. Minors can also enter into an agreement, but only after 14 years of age. But this only requires the unanimous consent of legal representatives.

We invite you to read: Who has the right to privatize an apartment: participation of minors, is it possible to participate a second time

The law protects the rights of children - Article 37 of the Civil Code of the Russian Federation. Incapacitated citizens can take part in a transaction, but only with the written consent of their guardians (Article 29 of the Civil Code of the Russian Federation).

Features of the gift agreement

The legal aspects of registration and validity of a deed of gift are described in the Civil Code of the country. A deed of gift is a transaction concluded between the donor (the one who transfers the property) and the donee (the one who receives the property).

Expert opinion

Sokolov Alexander Konstantinovich

Legal practitioner with 8 years of experience. Specializes in criminal law. Extensive experience in document examination.

The peculiarity of a deed of gift is that the property passes to the recipient free of charge. That is, there should be no mention of money or the fact that any other goods are transferred for exchange.

If it is indicated that the donee must contribute a certain amount or transfer some real or movable property, then this means that the document is fictitious . In legal practice, such a document is called an “imaginary transaction” and loses its legal basis.

The Civil Code specifies that any items or gifts in the amount of 3 thousand rubles or more must be transferred only with the execution of a deed of gift. But in fact, the document is concluded only if we are talking about a large amount. Thus, a deed of gift is most often drawn up when transferring a house, apartment, car, or valuables.

All personal data is indicated, then it is certified by the parties to the contract and by a notary. After this, the document is registered and entered into a single official register. Thus, knowing the act number, it will be possible to refer to the fact of the concluded transaction if problems arise.

Is it possible to limit the validity period of a deed of gift?

A donation is a gratuitous transaction, as a result of which the rights to real estate or another object are transferred from one owner to another. There are two parties involved in the transaction:

donor – owner of property;
donee – the one who receives the gift.

The rules for drawing up and the relationship between the donor and the donee are regulated by the Civil Code of the Russian Federation. The agreement is drawn up in writing and, if necessary, certified by a notary. The mere presence of a deed of gift does not make the donee the owner of an apartment and other objects; the ownership transferred to him under the agreement must be registered with Rosreestr.

How long is the validity period of the deed of gift? If the new owner has taken ownership, the agreement has an unlimited duration. Unlike a lease, property is not given for temporary use; the object can only be taken back by a court decision if the new owner forced the previous owner to sign a deed of gift, threatening his life and health.

However, it is possible to delay the transfer of the gift. To do this, a promise of gift agreement is drawn up, which indicates a specific date upon which the property will be transferred to the new owner, or the following conditions:

suspensive - the gift is transferred only when a certain condition occurs;
cancelable - the gift is transferred unless an event occurs that cancels the transaction.

Conditions suspensive and dispensable must be probable. In other words, it may come, or it may not. For example, an apartment is given to newlyweds when they have a child, or given to a student if he graduates from university without C grades. In this case, the birth of a child will be a suspensive condition, and a C in the diploma will be a dispensable one.

Sometimes the promise of a gift agreement does not indicate specific terms. In this case, the donee has the right to demand the transfer of property at any time, and the donor is obliged to fulfill the requirement within seven days.

What does the gift agreement provide for?

There are many reasons why a person chooses to transfer his apartment or other property through donation, for example:

The desire to leave the apartment to a specific person;
Reluctance to subject property to division;
The presence of dependents who can claim the apartment by law against the wishes of the owner, etc.

The subject of transfer can be any real estate - house, apartment, land; movable property, for example, a vehicle, or some specific rights that are not tied to a person’s personality. It is worth noting that the subject of the transaction can also be shared ownership of any real estate.

In the case when a person does not want the division of property between relatives, a deed of gift is a more acceptable option than a will. The legislation provides for categories of people who have the right to inheritance, regardless of the last will drawn up.

Such people include incompetent and incapacitated people who have been dependent on the testator for more than one year.

When drawing up a transfer agreement, ownership of the agreed apartment or other real estate passes to the donee immediately after the conclusion of the agreement and its registration in Rosreestr, therefore the apartment is excluded from the inheritance estate.

Registration of deed of gift

The law allows two forms of drawing up a document - independently or with the help of a notary. General judicial practice recommends contacting a notary or an authorized lawyer to draw up a donation agreement for an apartment, since this process is quite complicated.

The final document should be free of factual, lexical, syntactical or grammatical errors.

In addition, each agreement has a number of conditions that may bring non-material benefits to the donor, for example:

The right to live in an apartment for the rest of your life;
Special care received from the donee;
Conditions for canceling a deed of gift in case of inappropriate behavior of the donee, etc.

A person who does not know the law will simply not be able to provide for all the nuances when drawing up such a document.

The deed of donation for an apartment or other real estate is certified in a notary office associated with the area of registration of housing.

Validity period of the deed of gift

Many people are concerned about how long such an agreement is valid and what to do after the deed of gift for real estate has expired. A real estate gift agreement must be registered with Rosreestr, otherwise the new owner simply will not take ownership of the apartment.

Expert opinion

Sokolov Alexander Konstantinovich

Legal practitioner with 8 years of experience. Specializes in criminal law. Extensive experience in document examination.

The validity period of a registered deed of gift for real estate is unlimited. It does not require re-registration, extension, payment of additional fees, etc.

In this case, the deed of gift can be canceled by:

the gifted person at his own request;
the donor, if there are reasons provided for by law to cancel the deed of gift;
a court decision if the legality of the gift agreement is challenged by the relatives of the donor.

The last point is another reason why it is worth registering a deed of gift with a notary. An authorized person will be able to confirm that the donor was fully capable and performed all actions voluntarily. In addition, there will be no doubt about the correctness of the deed of gift.

In the case where the gift agreement was never registered with the Rosreestr authorities, and the donor died, then such a transaction is considered invalid, since it was not completed. In such a situation, the deed of gift has no validity period and is canceled.

If the transaction was registered with the state registry authorities, but first the recipient died, then the donor has the right to take the property for himself, if such a condition is provided for by the concluded agreement.

Otherwise, the apartment is included in the inheritance of the recipient.

There are also situations when an agreement has been drawn up, both parties are alive and in a state of full legal capacity, but for some reason they do not register the agreement. It is worth remembering that the validity period for donating an apartment before registration is 3 years.

After three years, a new gift deed will have to be drawn up. Moreover, for a specified period of time, ownership of the apartment remains with the donor.

Deed of gift with deferred deadline

A special type of agreement between the donor and the donee is a deed of gift, which is not executed immediately, but upon the occurrence of any condition stipulated by the agreement.

Such conditions may include:

the arrival of a specific date for the transfer of property rights from one person to another;
fulfillment of any condition of the contract (graduation from college, birth of a child, adoption of a child and other conditions that do not carry a property benefit for the donor);
the occurrence of any event (including the death of the donor).

Such a deed of real estate is valid indefinitely, but the beginning of its validity will be limited to a specified period or condition.

Challenging deadlines

The validity period of a gift agreement can be challenged by any person in the following cases:

The official paper was drawn up incorrectly;
There is a suspicion that the transaction was made under pressure, blackmail, threats, etc.;
There is confirmation of the fact that the donor was in an incapacitated state at the time of the transaction;
There is evidence that the recipient has committed a crime against the other party to the transaction - harmed his health or the health of his immediate family;
As a result of the concluded transaction, the donating party received property profit, which is prohibited when drawing up a gift agreement.

Any challenge procedure is carried out through a trial with the participation of the plaintiff, defendant and the notary who executed the deed of gift.

Inability to complete a transaction

There are a number of cases when execution of a transaction is impossible, according to the Civil Code of the Russian Federation.

Such cases include:

Incapacity of the apartment owner. Guardians, representatives and other persons do not have the right to draw up records of this kind;
Treatment of the owner in a social clinic;
The donee is a specialist of government agencies and is in the performance of his duties.

If for some reason the deed of gift is drawn up in circumvention of any of these conditions, then it will be declared invalid by the court, and fraudsters will be prosecuted by law.

When deciding to donate an apartment or other property, the donor should think carefully about this step, because returning the subject of such a transaction will be very difficult. But if the decision has already been made, then it is recommended to contact a notary or an authorized lawyer who will help draw up the agreement correctly and provide for all the nuances of the transaction.

It is recommended that such an agreement for an apartment be registered with the Rosreestr authorities as soon as possible, since otherwise the deed of gift simply will not be valid, and after three years a new agreement will have to be drawn up.

A gift agreement, according to Article 572 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), is a type of transaction in which a gift is free of charge . The parties to the agreement are the donor and the donee (recipient of the gift).

The subject of the gift is rights, things and the release of the donee from property obligations.

The contract is concluded in written or oral form in accordance with Art. 574 Civil Code of the Russian Federation.

Oral form is not allowed when promising a gift in the future. The contract must necessarily include the essential conditions specified in the current regulations.

These include a description of the item being donated. If these conditions are not specified, the contract is considered void (having no legal force).

The term for the execution of the contract is not one of the essential conditions and may not be indicated in the document.

In what cases does the deed of gift cease to be valid?

There are several cases when a gift agreement is canceled and is no longer valid. In some situations, court intervention is required, for example:

recognition of a document as invalid due to legal errors, for example, failure to respect the rights of third parties or minors;
commission of a crime by the donee against the donor or his relatives, as well as his use of threats and blackmail to complete the transaction;
careless handling of property that is of great value to the previous owner;
recognition of the transaction as void due to its registration after the death of the donor.

In the case of a contract of promise of gift, the owner of the property can abandon his intentions. Life circumstances change, and giving an apartment as a gift can cause significant harm to the owner’s well-being. In this case, he has the right to write a refusal of the transaction.

Until March 1, 2013, the apartment donation agreement was subject to state registration. A deed of gift drawn up after this date is not registered. The right of ownership of property received as a gift is subject to state registration in Rosreestr.

We suggest you read: How to evict an unregistered person who is not the owner from an apartment?

Features of state registration of a gift agreement

Immediately after signing the DD, it is recommended to register the rights to real estate in the Unified State Register of Real Estate. This will allow you to avoid many unpleasant situations regarding the possible challenge of the deed of gift or the presentation of rights to property by third parties.

Below we will look at what problems may arise with registration and how to solve them with minimal risks.

After the death of the donor

If a deed of gift is formalized, but the donor died before submitting documents to Rosreestr, the donated property is included in the inheritance estate. To submit documents, the personal presence of both parties is required, and the donor, for obvious reasons, will not be able to come. But there is a way out - to achieve recognition of property rights in court.

Everything changes if, instead of a regular DD, a promise of gift agreement is drawn up. According to Art. 581 of the Civil Code of the Russian Federation, the obligations of the donor to the donee are transferred to the heirs. They must transfer the property specified in the document in full.

By court decision

If the donee has difficulties registering the donated property in his name, he has the right to appeal to the district court at the location of the property. The claims must indicate the recognition of the contract as concluded with the subsequent registration of ownership.

Most often, a court decision is required when a transaction is contested by third parties, or when the heirs refuse to fulfill the donor’s obligations under the promise of a gift agreement.

Voluntarily

With voluntary registration of rights, everything is simple: the donee and the donor submit documents together, and after 10 days the new owner receives an extract from the Unified State Register of Real Estate.

But in some cases, a government agency has the right to refuse a service:

The donor has donated property acquired during marriage, and the notarial consent of the spouse has not been obtained. It is required by law;
On behalf of the donee or donor, the application is signed by a representative. The agreement is notarized, but the power of attorney is not. It is important to remember: if the DD requires certification, then the power of attorney is certified by a notary;
The property of a child under 14 years of age or incompetent is donated: the transaction is prohibited by clause 1 of Art. 575 Civil Code of the Russian Federation;
The property of a child over 14 years of age is alienated, but there is no permission from the guardianship authorities. Before signing the DD, it is necessary to obtain this consent;
The mortgaged property is given as a gift without the consent of the lender. His permission for the transaction is required.

Legal advice: It is better to take into account possible errors in advance and prevent them than to refuse to correct them and resubmit documents.

Lawyer, website author (Civil law, 6 years of experience)

Who cannot be the recipient?

Article 575 of the Civil Code of the Russian Federation imposes a number of prohibitions on such a transaction. The recipient cannot be:

people working: hospitals, schools, nursing homes, etc.;
when the donor is a pupil of a children's or medical institution;
persons under 14 years of age and their representatives;
incapacitated citizens and their legal representatives;
some categories of employees holding high state and even municipal positions, Bank employees;
commercial organizations.

What you need to know about deed of gift

A gift agreement between relatives excludes the collection of 13% tax. However, processing the document involves certain costs. For example, re-registration of ownership costs 2,000 rubles in 2019. In addition, if the deed of gift is issued to a stranger, tax will have to be paid.

the papers include property belonging to a minor or incompetent owner;
the recipients are employees of medical or educational institutions where the donor’s relatives study/are receiving treatment;
the role of the recipient is an official of local or federal significance;
property is transferred as a gift without the consent of other owners.

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Features of donating a share in an apartment

Starting from 2021, in June, the conditions for donating a share have completely changed. There are situations when registration is possible only with a notary.

But sometimes it is possible to act independently when:

The apartment has several owners;
The common share is the property of one spouse or both spouses - which means they acquired it during marriage.
A certain share is given to only one of the spouses - this is when they jointly buy an apartment and register it as joint ownership. Then, instead of donating, it is best to draw up an agreement, or even a marriage contract. One of the spouses must give the other half his share with the right of complete disposal.

Donating a share, of course, can be done independently in the following cases:

the apartment has one owner;
property acquired during marriage.

What is a deed of gift and how to draw it up

A deed of gift is a gift agreement that implies a completely gratuitous transfer by one party (the donor) of certain property, property rights, as well as the freedom of the other party (the recipient) from property obligations to the donor or other third party.

The gratuitous nature of the transaction is the main requirement for its implementation, because if the fact of a reciprocal transfer of property, obligations or rights is recorded, the donation will be declared invalid (void) . Since donation can be much more profitable in some matters of alienation (transfer) of property, they often try to use it, simultaneously hiding the conduct of a parallel transaction.

In order for the gift agreement to come into force, the consent of both parties is required. That is, the recipient may simply not want to accept the gift, and then the transaction will not be completed. If both parties confirm their agreement, then the deed of gift is registered and immediately comes into force.