One of the most popular real estate transactions is gift giving. It involves the transfer of ownership of the property from its owner to other persons. When making a gift, you need to take into account a lot of nuances, because if they are not observed, the transaction may not take place. How to issue a deed of a share in the apartment? What details are worth focusing on?
The legislative framework
Russians quite often have situations when it is necessary to legally transfer property to close relatives. One of the most popular deals in recent years is gift giving. The contract is a document that secures the free transfer of property from the previous owner to the new. After its signing, this agreement cannot be terminated by one of the parties to the transaction. Property can be transferred both to close and distant relatives, and to third parties. How to issue a deed of a share in the apartment?
Gift contract: conditions of conclusion
Russian law establishes three basic conditions:
- Immovable property donated is not in custody, mortgaged, or sold to third parties.
- During the conclusion of the transaction, each party guarantees and confirms that it is not deprived of legal capacity, does not have custody and guardianship. Also, each of the parties should not have diseases that impede the understanding of the essence of the contract.
- The share in the apartment will be transferred to the new owner only after registration of all necessary documents.
Where and how to apply for a share in an apartment
All legally capable citizens of Russia from the age of 14 have the right to make a gift. At its core, a transaction is similar to a will. However, from the point of view of legislation, donating property with a deferment of life of the former owner is strictly prohibited. Therefore, after the conclusion of the contract, the property is transferred to the new owner. According to the law, the donee is entitled to refuse the transferred property. However, if it expressed this desire after the transaction, a written refusal must be made. There are two ways to conclude a contract - with and without a notary public.
What documents are needed
How to get a donation for a share in an apartment for a mother, brother, sister or other relative? First you need to carefully prepare a specific set of documents. It includes:
- passports of participants in the transaction,
- pre-written contract
- certificate of registered ownership,
- certificate of extract from the house book and its copy,
- original and copy of a notarized power of attorney (when the transaction is concluded by representatives of the parties).
The number of copies of the contract should be equal to the number of participants in the transaction. Also, one additional copy must be prepared for the registration chamber. For example, if three donors transfer shares to one person, the number of copies will be five. The above documents are basic. However, the registration chamber reserves the right to request other papers.
Registration with a notary public
Making a contract through a notary public is the most reliable way to conclude a transaction. Its main advantage is that it is almost impossible to challenge the contract after its conclusion. The fact is that a notary is a third disinterested person who, in case of litigation, can prove that the parties to the transaction were informed about the consequences of its conclusion.
First, the notary must provide the passports of the parties, a certificate of ownership, an extract from the USRN, as well as a certificate of the persons registered in the apartment. After that, the notary draws up and draws up a contract, which indicates information about the value of the share. By agreement of the parties, the value in the contract can be reduced. Prior to the transaction, state fees and notary fees must be paid. Then the notary takes all of the above documents with the exception of passports and transfers them to state registration. The parties to the transaction remain a receipt. After registration, you can pick up the contract at a notary public or at the regal chamber. Only after receiving it, the notary starts fixing the contract, and then the parties to the transaction receive their copies and certificate of ownership.
How to issue a deed of a share in an apartment without a notary
A deed of gift may also be concluded without the participation of a notary. However, this procedure has its own characteristics. How to draw up a donation for a share in an apartment in simple writing correctly?
The contract is drawn up under the supervision of Rosreestr employees. You do not need to compile it beforehand. It should contain the following information:
- specification of the donated share of the apartment,
- personal data of the parties to the transaction,
- address of the apartment whose share will be donated,
- living space size
- number of storeys of the house in which the apartment is located,
- floor number.
Additional information may also be included in the contract. For example, if the former owner does not want to leave the apartment for some time. In addition, the donor has the right to live in the apartment for an indefinite time. The donation does not need to indicate the value of the share.
Cost
The deed of gift is by no means made out. A contract is charged in the amount of 2000 rubles. In addition, it is necessary to pay the state fee - 1400 rubles. If the share of the apartment passes into the possession of family members of the previous owner, the amount of the fee depends on the cost of housing specified in the contract. That is, it is 0.3% of the share price. If the share is transferred to a third party who is not a relative of the owner, the amount of the fee will be as follows:
- 1% if the value of the share does not exceed 1,000,000 rubles;
- 0.75% + 10,000 rubles, when the price is not more than 10,000,000;
- 0.5% + 77,000 if the share is worth more than 10,000,000.
It should also be noted that the size of the state duty cannot be less than 300 rubles.
If the deed is issued for the child
How to issue a gift for a share in an apartment for a minor? This question excites many. Articles 572 and 28 of the civil law stipulate that a transaction can only be concluded by the legal representative of the child. If the child is 6-14 years old, he can receive a gift of real estate at no cost. Children 14-18 years old have the right to participate in transactions, but they can dispose of the received housing only after reaching the age of majority or with the consent of the legal representative - the parent or guardian.
How to apply for a donation for a share in an apartment for a child? First you need to get permission from the guardianship authorities. In addition, you need a notarized consent of other owners of the apartment. The contract is signed by the legal representatives of the minor, it is necessary to indicate the passport details of the child.
If the share is transferred to relatives
How to get a gift for a share in an apartment for a wife, mother, father or other close relative? The contract must state that the donee is a relative of the previous owner. In addition, it is necessary to attach documents confirming kinship. After the share is donated to the relative, the donee does not need to pay income tax for the property.
How to issue a deed of a share in the apartment? This can be done with the participation of a notary or independently. To make a donation, you must carefully prepare the necessary package of documents, draw up an agreement and submit it to the Federal Registration Service for registration. After it is registered, a certificate of ownership is issued.