Form of deed of gift for a share in an apartment. Agreement on donation of a share of an apartment. Where to apply and register

The donation agreement for a share of an apartment has full legal force only if it is correctly drawn up and registered with the state registration authorities in accordance with the law.

Reference. The deed of gift can be drawn up in free form without the presence of witnesses, or, at the request of the parties, notarized.

Although the notary’s certification function in this transaction is not required by law.

Step-by-step instructions: how to draw up a document?

According to the existing standard The agreement for the donation of a share in an apartment between close relatives must contain the following information:

1. Information about the time and place where the contract is concluded.
2. Full names of the parties to the transaction, their addresses, passport details.
3. Indication of the subject of the agreement, namely the share in the apartment. The location of the residential premises, its technical characteristics and the volume of the donated share.
4. The cost of the specified share according to the inventory estimate.
5. Indication of the degree of relationship between the parties to the agreement.
6. Responsibility, rights and obligations of parties to the agreement.
7. Data of other persons living in this residential premises.
8. Time limit for transfer of property.
9. Distribution of responsibilities for bearing expenses.
10. Details of documents for property rights.

To avoid difficulties with drawing up an agreement, you can view the standard form.

There is information, the indication of which makes the contract invalid:

• You cannot make a clause that transfers ownership of property only after the death of the donor. This provision is characteristic of a will.
• You cannot set conditions for lifelong maintenance, care, etc. There is a rental agreement for this.
• It is impossible to set a condition under which the donor can use the specified share of the apartment until death. This also applies to an annuity contract.

Transfer to a close relative and a distant relative - what is the difference?

A deed of gift to a close relative has its advantages:

1. Receiving a gift of property from a relative is not subject to state taxation, in which case you will have to pay 13% of the price of the specified share.
2. If one of the spouses became the recipient of a relative, then such a gift is considered the person’s personal property and is not divided during a divorce.

However, it is worth noting that Only close relatives are granted such privileges:

• spouses;
• children (read about how to draw up an agreement for donating a share of an apartment to children);
• parents;
• Grandmothers and grandfathers;
• brothers and sisters from the same joint parent.

Cousins, aunts and uncles, nephews and other relatives will be required to pay tax on the gift received.

In the design itself, the content of the contract, the list of documents, there is no difference depending on the degree of relationship.

The only thing is that people indicate their close relationship, if such a fact occurs. Otherwise, the entire registration procedure is identical.

Conclusion

There is nothing supernatural in the execution of such an agreement, the subject of which is a share of the residential premises. The main thing is to follow all the design rules, and then it is almost impossible to challenge such an agreement while the donor is alive.

In addition, as already mentioned, such a gratuitous transaction between relatives has its benefits.

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A citizen independently disposes of the property that belongs to him. He can sell the property or transfer it free of charge. The law allows only part of the property to be transferred. In this situation, it is issued agreement for the donation of a share of an apartment between close relatives in 2019.

The document must be drawn up correctly; the specifics of the procedure are regulated by current legislation. If there are errors in the paper, the authorized specialist may refuse to register the transaction or invalidate the document in the future. Therefore, you should approach the paperwork as carefully as possible. We will talk further about the specifics of drawing up a deed of gift, what documents are required to register the transaction, as well as the nuances that a person may encounter in the process of drawing up an agreement.

Before you execute a gift agreement, you will need to prepare additional papers, the list of which includes:

• written consent of the child’s family;
• documentation containing information about the parties to the transaction;
• additional documents upon request of the competent authorities;
• documents confirming ownership of the property.

Close relatives or other citizens can donate a share in an apartment to a minor child. Before concluding a transaction, it is recommended to obtain preliminary legal advice. This is due to the fact that the deed of gift for a share in the apartment can subsequently be challenged in court.

Conclusion of a gift between relatives through a notary

Contacting a notary will require additional costs. Notarized registration of an agreement is not a mandatory action. However, this approach will minimize the likelihood of challenging the agreement in the future. The organization’s specialist will check the contract for correctness and point out any errors, if any.

Contacting a notary will require the preparation of additional documents. The list can include:

• original passports;
• documentation confirming ownership;
• an agreement on the basis of which the donor received a share in the apartment;
• consent of the donor’s spouse if the property is jointly acquired;
• extract from the house register.

If the role of the donee is a minor citizen aged 14 to 18 years, the passport of the father or mother must be included in the package of documents. If the participant in the transaction is under 14 years of age, the list of papers will need to be supplemented with a birth certificate and a parent’s passport.

The agreement is drawn up in several copies. Their number depends on the participants in the transaction. If the procedure is performed without the involvement of a notary, three copies of the agreement will be required to donate the share. If the procedure is performed with the assistance of a notary specialist, the number of copies of the paper will increase to 4. A fee will be charged for notary services. It depends on the specifics of the transaction.

One of the relatives must be ready to contribute:

• 2000-3000 rub. for drawing up the contract;
• 2000 rub. for registration;
• 0.3% of the price of the apartment, but not less than 300 rubles, if the share in the apartment is alienated to a close relative.

If another citizen takes part in the transaction, the amount of the fee for notary services will depend on the value of the property. If its price is less than 1,000,000 rubles, you will have to pay 1% of the cost, but not less than 300 rubles. If the transaction involves an apartment worth up to 10 million, you will have to pay 0.75% + 10,000 rubles to the notary. When the price exceeds 10 million rubles, 0.5% of the amount + 77,500 rubles is paid to the notary.

When payment has been made, the parties must make a statement to Companies House. The notary will independently contact the relevant authority.

The specialist will take the documents with the exception of passports and submit the application. When the period allotted for registration ends, the participants in the transaction will be able to pick up the documents and deed of gift. Actions can be done at the notary office or at the registration authorities. This must be agreed upon in advance. The recipient will receive an extract from the Unified State Register of Real Estate for a share in the apartment. The document will contain information that the person is recognized as the owner of part of the real estate. In order for documents to be provided, you must have your original passport and a copy of the application issued by a notary.

apartment shares Gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Donor", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ donee", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. I, gr. I give (donate) gr. , a share of the one-room apartment I own with a total area of ​​sq. m, including living area sq. m, located at: . The share is calculated from the living area of ​​the apartment.
2. The indicated apartment belongs to gr. , by ownership, which is confirmed.
3. I, gr. , as a gift from gr. , I accept the share of the specified apartment.
4. The donated share of the said apartment is valued by the parties in rubles.
5. At the same time, this agreement establishes the procedure for using the apartment: the donee gr. isolated room(s) of size and sq.m. comes into use. m and gr. – isolated room(s) size and sq. m. Common areas will be used by both.
6. The donee operates and repairs the apartment at her own expense in proportion to the occupied area, and also participates in the costs associated with maintenance and repairs, including major repairs, of the entire house.
7. The costs of drawing up this agreement are paid by Mr. .
8. This agreement is drawn up in three copies, of which one is kept in the files of the notary’s office, and the others are issued by the gr. and gr. .

Since perestroika and the beginning of housing privatization, the concept of share has appeared in real estate and legal terminology. It can be allocated both in an apartment and other real estate. The institution of shares received great development precisely as a result of privatization, because everyone registered in an apartment received the right to allocate it.

Just like with a whole object, the owner of a share has the right to sell it, pledge it to a bank, or even donate it. Yes, from the point of view of donating a share, for example, in an apartment, especially to a stranger, this transaction can be negative. Therefore, donating a share is not so easy, especially in an apartment. The Civil Code of the Russian Federation has established a procedure that in a certain way guarantees and protects the rights of the remaining shareholders.

So, consider in detail what donating a share in an apartment is.

What is a donation agreement for a share in an apartment?

This agreement implies a legally significant transaction, as a result of which the ownership of part of the property is transferred from the previous owner (donor) to the new one (donee). An important and significant condition of such a transaction is its gratuitousness, that is, for the fact that the right of ownership is transferred to the donee, he does not have to pay the donor any amount or provide any services.

If this condition is not met, then such an agreement can be declared invalid. Also in modern speech there is such a concept as a deed of gift. However, it is incorrect, modern legislation does not contain such a term, relations regarding the donation of a share or an entire object are regulated in no other way than by a gift agreement.

Expert opinion

Roman Efremov

Article 527 of the Civil Code of the Russian Federation states that donation is a gratuitous transaction. Consequently, the donor does not have the right to put forward additional conditions and restrictions for the transfer of ownership rights to another person.

It is a single document that is signed by both parties and must contain all the necessary special conditions established by the Civil Code of the Russian Federation.

Expert opinion

Roman Efremov

5 years of experience. Specialization: all areas of jurisprudence.

Pros and cons of deed of gift

The gift agreement has many positive aspects for the participants in the transaction. The advantages of transferring a share in an apartment through a deed of gift are manifested in the following moments:

• No preemptive right to purchase. The owner of a share who decides to donate his property to another user is not obliged to notify the other owners in writing. He has the right to donate his property at his own discretion.
• Unlike other forms of transfer of ownership (purchase and sale agreement, etc.), the transaction is not subject to personal income tax, therefore, you will not have to pay a 13 percent tax.
• If a share in an apartment is transferred into the ownership of a legally married person, the principle of joint ownership will not apply to this property. This means that in the event of divorce proceedings, the donated share in the apartment is not subject to division.

Along with the positive aspects, there are several disadvantages when drawing up a deed of gift:

• After registering the transaction, the donor loses any rights to own and dispose of the property.
• In a number of situations, the donor has the right to challenge the transaction in court, declaring it void. The legislator identifies a certain list of grounds that give the right to cancel the deed of gift. This is an attempt on the life of the donor, obtaining property through deception, fraud, blackmail and threats, in case of damage to the donated property.
• If the financial situation or state of health of the donor has deteriorated significantly, he has the right to go to court and declare the transaction invalid.
• The gift agreement does not provide for counterclaims to the donee. The donor cannot set any restrictions or donate property on condition of lifetime use.

The legislative framework

The main conditions and procedure for concluding an agreement are contained in Section 3 of the Civil Code of the Russian Federation, Articles 420 to 453 of the Civil Code of the Russian Federation. However, the full essence of the donation and conditions are contained in another chapter, articles 572 to 582 of the Civil Code of the Russian Federation.

Basic conditions

So, the share donation agreement must contain the following conditions:

Date and place of detention.

• Full details and passport details, indicating the date of birth and place of birth of all participants in the transaction.
• The name of the subject of the deed of gift with the obligatory indication of the size of the share in the apartment.
• Details of the object being donated (location address, area, floor, apartment number and other details). It is best to rewrite this data word for word from title documents, in order to avoid inaccuracies or questions from registrars.
• The inventory value of the share transferred as a gift to the new owner.
• Rights and obligations of the parties, indicating specific measures of responsibility for each participant in the gift agreement
• Information about persons registered in the apartment.
• The procedure for incurring expenses associated with the transfer of ownership rights to a share to another person, registration of a deed of gift.
• The moment of transfer of ownership rights to a share in the apartment to the original owner.
• A list of all documents on the basis of which the donor owns the specified share in the apartment. These data must be entered in strict accordance without abbreviations or additions.
• Data according to which the apartment was initially divided into shares.
• Confirm that there are no claims or restrictions.

Form of agreement for donation of a share in an apartment

Share donation agreement

(place of detention)

________________________________

(date of conclusion in words)

We, the undersigned, citizen of the Russian Federation ____(full name)_________, ____________ year of birth, passport series _______ No. _____________, issued by ______________, unit code _________, registered at the address: ________________, hereinafter referred to as “Donor-1”, with on its part, and a citizen of the Russian Federation ____(full name)_________, ____________ year of birth, passport series _______ No. _____________, issued by ______________, unit code _________, registered at the address: ________________, hereinafter referred to as “Donator-2”, with on his part, and a citizen of the Russian Federation____(full name)_________, passport series _______ No. _____________, issued by ______________, unit code _________, registered at the address: ________________, hereinafter referred to as the “Done”, on the other hand, collectively referred to as the “Parties ",

1. “Donor-1” freely donated 1/4 (one fourth) of the property share to the “Donee”, which belongs to her by right ___________ in ____________ apartment No. __________, total area _____________, living area ____________, located at the address: ________________________.
2. “Donor-2” donated 1/4 (one fourth) of the property share to the “Donee”, which belongs to her by right ___________ in ____________ apartment No. __________, total area _____________, living area ____________, located at the address: ________________________. The indicated 1/4 shares belong to “Donor-1” and “Donor-2” by right __________________, on the basis of _______________________, which is confirmed by ___________________ issued by ________________________.
3. I, “Donor-1”, donated 1/4 share to the “Done”, which belongs to me by right _____________ in ____________ apartment No. _______________. I, the “Done”, accept the indicated share in _____________apartment ______________ as a gift.
4. I, “Donor-2”, donated 1/4 share to the “Done”, which belongs to me by right __________________ in ________________ No._____________. I, the “Done”, accept the specified share in __________ apartment No. _________ as a gift.
5. Before the signing of this agreement, the specified shares have not been donated to anyone, have not been sold, are not in dispute and are not under arrest (ban).
6. The agreement comes into force from the moment it is signed by the parties. In accordance with paragraph 3 of Art. 574 of the Civil Code of the Russian Federation, the gift agreement is subject to state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Republic of Bashkortostan.
7. Ownership of a 2/4 share in _____________ apartment No. _______________ arises from the “Done” from the moment of registration of this agreement and the transfer of the right to __________________ and entry of information into the Unified State Register of Rights to Real Estate and Transactions with It.
8. This agreement is drawn up and signed in four copies, one of which remains in the Office of ______________, the rest are handed over to the parties.

Signatures of the parties:

Form of agreement for donating a share in an apartment to a relative

In its essence and form, the agreement for donating a share in an apartment to a relative is practically no different significantly from its usual form. The only condition is a direct indication of the relationship between the former owner and the person to whom he wants to transfer the share as a gift. It is permissible to indicate it in a paragraph where there is a clear description of the object of the donation, that is, for example: “the donor gave his mother 1/3 of the share in the apartment free of charge...”

Share donation agreement
________________________________

(place of detention)

________________________________

(date of conclusion in words)

We, the undersigned, citizen of the Russian Federation _____(full name)________, _______________ year of birth, passport series ____ No. _______, issued ____________________________, unit code _________, registered at the address: ____________________________, hereinafter referred to as the “Donor” on the one hand,

and a citizen of the Russian Federation _____(full name)________, _____________ year of birth, passport ________ No. _____________, department code ___________, issued by ________________________, registered at the address: _________________________, hereinafter referred to as the “Done” on the other hand,

being of sound mind, clear memory, acting voluntarily, clearly aware of the legal significance and consequences of their actions, have entered into an agreement on the following:

1. The “Donor” freely gave his mother a 1/3 share of the property, the “Donee”, belonging to him by right _________________ in __________ apartment No. ______________, total area __________________ sq.m., inventory No. ________, object number ______________, located at the address: ____________________.
2. The specified 1/3 share belongs to the “Donor” by right _____________, on the basis of an agreement dated ____ No.___, registered in ___________ dated ____________ No.____________________, which is confirmed by __________________________________.
3. I, the “Donor,” donated 1/3 of the “Done”’s share, which belongs to me on ___________ in __________ apartment No. ___________. I, the “Done”, accept the indicated share in ___________ apartment No. ____________ as a gift.
4. The parties guarantee that they enter into this agreement of their own free will, not as a result of a combination of unfavorable circumstances, on conditions that are not extremely unfavorable for them.
5. The agreement comes into force from the moment it is signed by the parties. In accordance with paragraph 3 of Art. 574 of the Civil Code of the Russian Federation, the gift agreement is subject to state registration in _______________________________________.
6. Ownership of a 1/3 share in _________ apartment No. ____________ arises from the “Done” from the moment of registration of this agreement and the transfer of the right to ________________________________ and entry of information into the Unified State Register of Rights to Real Estate and Transactions with It.
7. The “donee” carries out, at her own expense, the operation and repair of an individual residential building with mandatory compliance with the uniform rules and regulations for the operation and repair of a residential building, under the conditions specified for houses of the state housing stock.
8. The parties bear the costs of drawing up this agreement in half.
9. This agreement contains the entire agreement between the parties with respect to the subject matter of this agreement and supersedes and invalidates all other obligations or representations that the parties may have made, whether oral or written, prior to the execution of this agreement.
10. This agreement is drawn up and signed in three copies, one of which remains in ____________________________, the rest are handed over to the parties.

Signatures of the parties:

Agreement for donating a share of an apartment to a minor

The agreement for donating a share to a minor contains more disclosed information. Since modern legislation clearly establishes a return from which a citizen is recognized as fully capable and bears full responsibility for his actions, which means he can make transactions on his own. This age is set at 18 years. Before this period, this type of agreement can be signed for a minor by his representatives (father, mother, guardians).

This condition is stated in the contract, usually in the preamble. For example, indicate in full the details (including passport details) of the person who is acting in relation to their minor child. Further in the text we write down the data on the child’s birth certificate, its full details and indicate that it is he who will be the donee.

Expert opinion

Roman Efremov

5 years of experience. Specialization: all areas of jurisprudence.

Important! A minor can act as a donor provided he reaches the age limit of 14 years. To carry out the transaction, the consent of legal representatives (parents or guardians) and permission from the guardianship authorities will be required.

Form of agreement for donating a share of an apartment to a minor

Share donation agreement
________________________________

(place of detention)

________________________________

(date of conclusion in words)

We, the undersigned,

citizen of the Russian Federation _________(full name)________, ________ year of birth, passport series _____ number _______, issued by _______________________, unit code ____________, registered at the address: ____________________, hereinafter referred to as the “Donor”, ​​on the one hand, and

citizen of the Russian Federation _________(full name)________, _________ year of birth, passport series ___ number ______, issued ____________________, department code _______, registered at the address: _______________, acting in relation to her minor son _________(full name )________, ________ year of birth, birth certificate series _____ No. ________, issued by _______________________________, hereinafter referred to as the “Done”, on the other hand, collectively referred to as the “Parties”,

being of sound mind, clear memory, acting voluntarily, clearly aware of the legal significance and consequences of their actions, have entered into this agreement on the following:

1. The “Donor” freely gave to his son “The Donee” a 1/3 share of the property belonging to him on ______________ in apartment No. ____________, with a total area of ​​_________________ sq.m., located at the address: ____________________.
2. The specified 1/3 share belongs to the “Donor” on ___________________, on the basis of __________________, registered ______________, under No._________________, which is confirmed by ________________________, issued by ____________________________________.
3. I, the “Donor”, ​​donated 1/3 of the share to the “Done”, which belongs to me on _________________ in one-room apartment No.________________. I, the “Done”, accept the indicated share in the one-room apartment __________________ as a gift.
4. The parties guarantee that they enter into this agreement of their own free will, not as a result of a combination of unfavorable circumstances, on conditions that are not extremely unfavorable for them.
5. Before the signing of this agreement, the specified share has not been donated to anyone, not sold, is not in dispute and is not under arrest (ban).
6. The agreement comes into force from the moment it is signed by the parties. In accordance with paragraph 3 of Art. 574 of the Civil Code of the Russian Federation, the gift agreement is subject to state registration in _________________________________________.
7. Ownership of a 1/3 share in a one-room ______________________ arises from the “Done” from the moment of registration of this agreement and the transfer of the right to ______________________ and entry of information into the Unified State Register of Rights to Real Estate and Transactions with It.
8. The “donee” carries out, at his own expense, the operation and repair of an individual residential building with mandatory compliance with the uniform rules and regulations for the operation and repair of a residential building, under the conditions determined for houses of the state housing stock.
9. The parties bear the costs of drawing up this agreement in half.
10. This agreement contains the entire agreement between the parties with respect to the subject matter of this agreement and supersedes and invalidates all other obligations or representations that the parties may have made, whether oral or written, prior to the execution of this agreement.
11. This agreement is drawn up and signed in three copies, one of which remains in ____________________, the rest are handed over to the parties.

Signatures of the parties:

• passports of the parties to the transaction (originals and copies);
• application for registration of the transfer of ownership of a share from the donor to the donee;
• application for registration of property rights of the donee citizen;
• a notarized power of attorney for the execution of transactions of a similar format (required if one of the parties to the gift agreement is represented by an authorized person);
• data on the registration of the donor's property rights (title documents confirming that the share belongs to a specific citizen);
• extract from the house register;
• certificates from the BTI (floor-by-floor explication, cadastral documentation, annex with information about the design and technical characteristics of the premises).

If the donor was legally married at the time of acquiring a share in the apartment, he will additionally need to provide the consent of his spouse to make a gratuitous gift transaction.

If the transfer or alienation of a share in an apartment is carried out in relation to a minor child (14-18 years old), the written consent of the legal representatives (parents, guardians) will be required. You also need to notify the guardianship and trusteeship authorities and obtain consent to carry out the transaction. Without the permission of the guardianship authorities, it may be considered null and void.

If a share in an apartment acts as collateral in a banking or credit organization, it is necessary to obtain the prior consent of the mortgagee to transfer the property as a gift to a third party.

Registration fee

State registration of ownership rights to a share in an apartment is a paid procedure. The parties to the deed of gift will have to pay a fee of 2,000 rubles. As a general rule, payment of the state duty is assigned to the person who acts as the donee in the gift agreement.

If several donees are specified in one agreement, the cost of the duty fee is divided between them depending on the size of the shares transferred into ownership. Let's take the following situation as an example. The donor owns 2 living spaces in the apartment. He decides to donate them to two users. Each of them will be required to pay 1 thousand rubles to the budget.