To begin, let us dwell on the question "why do the co-owners choose the gift of a share of the apartment." Sale is not suitable from the very beginning, since we want to transfer it free of charge to the ownership of another person. It turns out a will. You should always remember the main
restriction on the freedom of will, which exists in the legislation. This is an
obligatory share in the inheritance, when other persons can claim half of the part that they could receive by law. True, this applies only to the
heirs of the first stage, but it is still a significant limitation. Thus, giving a share of an apartment excludes such an opportunity, so the choice falls on him.
Contract form
Some mistakenly believe that the form of an agreement on donating a share of an apartment consists of mandatory notarization. Simply put, the notary must draw up and certify the agreement . This is not so, since the civil code provided for this kind of transaction in simple written form. Article 161 regulates this. Of course, this does not mean that the absence of certain requirements for the contract is possible.
Basic requirements for the agreement
It is always better to entrust the drafting of the contract to a professional lawyer, in whose qualifications there is no doubt. But if, for some reason, the drafting is completed independently, then a number of rules should be followed. The contract of donation of shares of the apartment should have the following. As already mentioned, writing is required. Next, you need to determine the place, date of conclusion, data of the parties (full name, passport data). Identify the property by writing the address and its characteristics (number of rooms, availability of a balcony, loggia, etc.). Important indication of title documents. It is on their basis that rights are alienated in favor of another person. At the end, the parties sign (with a transcript) a paper.
Onerous conditions
Sometimes the donor uses other conditions. Giving the share of the apartment in some way should be beneficial to the person who gives. Therefore, such conditions appear, the presence of which is unacceptable. For example, it is often used by older people. In the contract, they give a share to a certain person, provided that this person will look after him for the rest of his life. It should be borne in mind that in this case this is already the subject of another transaction, namely a life-long maintenance contract. If such conditions exist, the gift agreement may be invalidated.
State registration
The final stage of the agreement of the parties is an appeal to the state registration authority (the name often changes). Employees must carefully check the contract, and if it does not meet the requirements of the law, it will be transferred for revision, the gift will not work out. Here again, the assistance of a lawyer is important, because it is difficult to understand all the subtleties on your own without special knowledge. If everything is in good condition, the state body registers the transaction. From the moment the certificate is issued, the rights to part of the apartment pass to the donee. Thus, the donation of the share of the apartment is perfect.