Modern contractual practice confirms that the overwhelming majority of diving legal relations arises between close people - relatives, family members, friends, etc. One of the most common categories of the subjects of the participating in the gift are the parents, most often speaking as donors, however, often host gifts from their children.
For your information
Legal status of parents, or rather, blood relations towards the son or daughter, predetermines some features when making a gratuitous transaction under consideration, which is often the fundamental factor for its conclusion. For greater understanding, we will consider in more detail the procedure for issuing gift in favor of the parents.
How to make a gift of mother or father
According to the generally accepted sample, the donation in favor of the mother or father is issued by conclusions of the contract - donatingwhich will be supposed to be a prime transmission or promise in the future, any property benefits from children to parents (Art. 572 GK). According to Art. 574 GK, any such agreement executed simultaneously with its conclusion or simply concluded by transferring a mother or father's gift (real agreement), can be perfect. However, there are some exceptions.
The written form of the contract of donation in favor of parents will be required in cases of concluding a contract promises of donationin the future, donation real Estate (due to necessity state registration), Darment vehicle (due to the need for registration) or if necessary notarial certificate Transactions.
In addition to the form necessary for compliance with the factor are some requirements for the content of the document to be concluded. In particular, paragraph 1 of Art. 432 GK, determines the subject of domestic, as the only one essential condition. To comply with the specified requirements, parties are necessary detail describe the subject of donation, Specify its individual features and characteristics and any other ways to specify the subject.
Additionally
It should be understood that as a gift to parents, not only things of the material world, but also property rights (requirements). In addition, the release of parents from their property responsibilities or debt to third parties may be in the role of a gift.
At the conclusion of the promise of donation, as the duty of the donor, the contract must also contain clearly expressed his intention to transfer a gift in the future(paragraph 2 of Art. 572 GK). The absence of this details does not allow to recognize the prisoner with a gift.
In addition, it is advisable to register in the contract the procedure and conditions for transferring a gift. It defines the timing and date of its transfer, one of the methods of delivery (clause 1 of article 574 of the Civil Code), the denial conditions (Article 157 of the Civil Code). In addition, documents transmitted together with the gift, conducted procedures and participating in the conclusion of a third party transaction (specialists, experts, appraisers, etc.) are determined.
Will not be superfluous and approval order of application changes and grounds for its termination, the procedure for resolving disputes, responsibility of the parties, grounds for cancellation of the gift, the list of applications to the contract, etc. At the end, the contract is fastened with signatures of the parties.
Note that to comply with the legality of the transaction and confirm the rights of the parties to its conclusion, it is advisable to arrange a gift from the notary (Art. 163 GK).
Mother or father's apartment donation
Gifting parents an apartment or any other real estate, most often children try to resolve them housing problems. Such a noble deed certainly deserves praise, but at the same time requires maximum thoroughness during the transaction, since the donation of apartments has a lot of features and nuances. First of all, it should be remembered about the need for state registration of rights to the apartment.
Quite often it happens that real estate is in dolly ownershipthat, however, does not prevent its alienation at all. According to paragraph 2 of Art. 246 GK, the owner of the part has the right to give the shares of the apartment of his mother or father, as an independent object of ownership. In this case, the gifted parent will be able to use part of the apartment, commensurate his share (Art. 247 GK).
It should be remembered that the donation is a gratuitous deal, so the mother or father has there may not arise counter-obligations In relation to the donor, instead of the obtained apartment. The presence of such conditions will make a transaction to preliminar, which entails its insignificance (Art. 170 GK).
Note that if the apartment transmitted to parents has any hidden defects and disadvantages, in order to avoid harming the lives of health and property belonging, donor must warn him about them (Art. 580 GK). To exclude subsequent disputes about this, it is advisable to reflect them in the contract or an acceptance and acceptance act.
Daritel D. decided to give his poor father, who lived with the cohabitant, 1/2 share of his one-bedroom apartment. After concluding the transaction and re-registration of the share of the apartment on the Father, he and his facilitator suddenly expressed a desire to live together with D. and his family. However, D. objected to this - as he lived in the specified apartment, the spouse and their four children, there were no places for the Father and his cohabitant. After hearing the opinion of D., his father threatened him a claim he sued after a while.
IN judicial order Father D. demanded to oblige his son to pay him compensation in order of paragraph 2 of Art. 247 GK, in view of the fact that D. refused him in providing in his possession and use of the part of the apartment owned by him on the right of ownership. D., in turn, argued that he did not have funds to pay compensation, in addition, the obligation of its payment, in his opinion, is awarded only if it is impossible to provide a part of the common property for the use of the compound. Since, according to D., he came with his father only disagreement on the issue of ownership of common property, he asked the court to be guided by paragraph 1 of Art. 247 GK and establish the order of use on your own.
After hearing the opinion of the parties, the court refused the plaintiff in his claims and at the request of D. determined the procedure for using the apartment, according to which he highlighted his father to private use of one of the rooms, as well as a number of places common use - Balcony, kitchen, toilet, etc. But despite this, the father from the use of the room refused.
Mother or father's house
If a private house has hidden disadvantages known to the donor, then he must warn gifted about them. In the case of applying harm to the health or property of the well-known, the donator will be obliged to compensate such harm (Art. 580 GK).
Taxes for the gift of the property of the mother or father
Tax legislation regards the receipt of real estate as a gift, vehicle, shares, stocks and shares how to receive incomeequal market value specified items. By general rule, having received them as a gift, the duty of payment occurs in the gifted income taxconstituting 13% of their market value. However, the legislator has also provided some exceptions.
Attention
The relationship between such a relative communication is equal adopters and adopted. In case of donation in favor of adoptive parents, they will also be released from income tax.
To realize your right to exemption from NDFL, the parties of donation, especially in the case of a notarized certificate of domestic, it is advisable to indicate in the agreement about the presence of related links between them. In addition, you must attach documents confirming this fact, And if necessary, provide them in the FTS.
Pay attention to that relationship with the donor can freely be beloved only from the obligation payment of NDFL, tax on property of individuals (Art. 399 NK) are still payable. However, such a duty will arise only if the real estate object is received as a gift. The amount of tax payable is from 0.1% to 2%, depending on the cost and type of real estate and will be paid annually.
Every parent comes to the thoughts to provide a child real estateAs a guarantee of his future well-being. The process of transferring the property is accompanied by compulsory requirements. In our case, you should know which documents are needed for registration of the gift for an apartment.
The legislation provides for an uncomplicated procedure for the gift of real estate relatives. Everything required documents, without problems can be prepared in the shortest possible time. The main thing is that they all be legitimate and in the originals.
This type of agreement involving special conditions and consequences. For a number of aspects, it differs from other contracts, and in its design it is necessary to take into account a number of factors, including the age of the parties. We will analyze in detail this legal relationship.
In this article:
Donating on the apartment what it is
This legally executed agreement, in which one person, is transferred to a gift for a gift, another person, a specific property, or frees it from property and other duties, including from third parties (Art. 272 \u200b\u200bof the Civil Code of the Russian Federation).
The agreement is characterized by both gratuitous and unilaterally as, the person who received a gift does not receive counterparts. Participants in the legal relationship - the two sides, the donator - the one who gives a gift, and is believed - who takes it.
When classifying feature delicateno - the transaction is not a gift.
Types of donation of property:
- real - the gift is passed since its signing;
- cONSENTIVAL - Gift transmission occurs in perspective, for example, when a gifted child reaches the age of majority;
- conditional - or donation, the thing transmitted will be used strictly for social purposes.
Participants of the legal relationship are parents (one of the parents) and their children, sons or daughters. And it does not matter a adopted or adopted child. Rights spectrum B. this case same.
Conditions of compilation
The subject of the legal relationship in the case under consideration is real estate, an apartment. In order for the donation to be recognized, you need to fully comply with a number of conditions.
It is important to understand that the owner of the housing can be like a juvenile child and a minor. However, it will be able to fully manage this gift only to achieve 18 years.
Up to this point, a presented thing is under the management of his parents or legal representatives, guardians. At the same time, they cannot perform any operations with this real estate without the consent of the guardianship.
When choosing a form, it is important to know when it is forbidden to enter into a specified contract.
Obstacles for the design of domestic:
- involved incapable persons;
- the donator does not have all rights to grant property;
- the third party or face is claiming for the housing;
- the apartment is in burden.
One of the most important conditions is a clear indication and description of the subject matter. There should be no discrepancies and misunderstanding. As for the share of real estate - it should be documented and legally designated and enshrined by a person.
The form
Under the form, it means a way to reflect the will of the Parties that have entered into a legal agreement, depending on what is his subject, who its participants are legal or individuals.
When the apartment is given to the children there are two forms of concluding a contract:
- Conclusion in simple writing without a certificate of it in a notary. It can be made in any convenient place, not necessarily at the location of the gift.
- Notarized form. This is when the contract lies in the presence of a notary, which confirms and certifies its legality.
If a gift is given between familiar or unfamiliar persons, it is desirable to make an act of acceptance and transfer of residential premises to the contract. When concluding between relatives, in this case parents and children, this act is not required.
What order is decorated
When it comes to the gift of real estate son or daughter, it is necessary to determine the form of an agreement. You can choose a simple writing or notarial form. If you can not decide how to make a gift to the apartment on your daughter - we recommend choosing notarization.
The following general procedure for its design is provided:
- Decide with the subject of the transaction.
- Collect required references and evidence.
- Get a sample contract. With a notarization, it will be given notary. If not - the sample can be downloaded on our site here.
- After signing its state registration in Rosreestra bodies.
The nuances are concluded in the payment of taxes and duties, and provide additional information. Real Estate, Children - Son or Daughter requires some more documents to what are needed in common order.
Features of the Darment of Real Estate - Daughter or Son Apartments: Darment Procedure
Any deal has features. This is due to various factors: age and degree of kinship, the nature of the legal relationship.
All of them impose an imprint and oblige each of the parties to adhere to certain rules. No exception is the donation of the apartment to children.
The contract where the participant is a daughter or son, is not much different from other types of domestic with the participation of other close relatives. However, there are nuances.
These include:
- Mandatory written form (if desired, notarized).
- The need for state registration in Rosreestre.
- Certainly notarized resolution of the second spouse if the living space shared property.
- Help about the market price of the apartment.
IMPORTANT! Durma daughter does not differ from the gift of his son. The law does not share sons and daughters for any criteria.
What documents are needed to conclude a transaction yourself
You can download a sample contract here ... It will take at least 3 (three) of its instance. One remains at the donor, the other in the gifted, the third in Rosreestre. Carefully read it and correctly fill out. Only then should be signed.
What documents are needed for registration of a daughter's domestic on an independent decoration? With written simple - they are needed for the registration chamber.
List of following:
- certificate of birth of a child and a passport;
- certified by the notarious consent of the spouse or spouse;
- extract from the technical expertise bureau;
- the personal account of the prescribed (registered persons on this housing);
- technical certificate (certificate of ownership);
- certificate of the absence of burdens (taken in the registration chamber);
- check about paid taxes;
- receipt of payment of states.
- the official consent of the guardianship bodies of minors, since the participant of the transaction is a minor;
- notarized power of attorney provided that one of the participants is a trustee.
You can sign the contract in the registration chamber. When the parties put their signatures under the agreement - the entire package, except for passports, is transmitted to the specialists of this body and the registration process comes. It is usually about 7 (seven) days from the date of delivery.
Registration of gift for an apartment through a notary
With a notarized certificate of the transaction notary as executiveIs a witness and confirms that it was concluded on the explicit, bilateral consent of both parties.
He is obliged to make sure the capacity of the transaction participants. Certification gives it additional guarantees of reliability. The list of documents for the notary is the same as during self-registration.
Plus, a certificate of estimated cost of housing and a receipt of payment for state duty is added to this list, which is already provided in Rosreest.
With the notarial registration of the contract, in the event of judicial litigation, the notary assured him will participate in court sessionAs a participant in this legal relationship, proving the legality of its conclusion.
Arbitrage practice It shows that notarized agreements in court, much more difficult to terminate.
The conclusion passes the following step-by-step steps.
1 step. Preparation
Participants are collected from the notary. Notary checks all evidence, passports, certificates for real estate, certificates giving the right to its commit.
Then he is obliged to make sure the capacity of the participants in the process is legal representatives, proxies, parents.
The notary can ask a question if there are no grounds or information that may interfere with the conclusion of donation. It is advisable to make copies of passports in advance, since they will need them in any case.
2 step. Filling process
Then the notary prints the conversations on the computer technology and distributes it to all parties. At this stage, it is important to carefully read the printed text and delve into its content. If there are questions, do not hesitate, ask them to notarize.
If everything is clearly competent and scrupulously fill out the form. Usually there is already a filled form and all that is required from a citizen to read it. The main thing to check the compliance of the entered data with the original documents.
3 step. Signing
After with the text, all participants are familiar with their signatures. After signatures, the Notarius has puts its signature by assuring the transaction. After that, all participants are given instances of the signed document.
One copy remains at the notary, one by the participants, one will go to the registration chamber. It is important to store the contract until the age of majority of the child. If you suddenly lose it - you can make a copy of the notary.
4 step. Registration of the contract
With a simple and notarial form, a mandatory state is envisaged. check in. It should be headed after the notary directly to the Russian Rosreestra organs and register an agreement.
Without this procedure, the process of transition of the right of ownership from the parent to the child will occur.
Dates and list of documents are the same as with simple writing.
The procedure for the donation of housing or shares in it is minors, design, if the Son is a minor
The procedure for concluding a transaction provides for the features due to the age of one of the parties. To give a minor apartment to comply with a number of requirements, since at each age the child has different rights.
The order of action is the same as when concluding an agreement with adults, however there are differences, namely:
- The son was not 14 years old, he could not give signatures in the agreement. For him, this will make her legal representative (parent).
- The parent can not put two signatures at the same time as a donor and as a representative of a young or minor. This can make a second parent.
- Child from 14 to 18 years old, he has the right to sign signature. However, on the document in this case, its legal representative (Art. 26 of the Civil Code of the Russian Federation), but not in contradiction of paragraph 2.
If we are talking about a share in the apartment, then it must be legally marked and determined. It should also be clarified - whether the consent of other apartment owners is required. Here also requires a certificate proving the capacity of the donor.
Additional documents
The procedure for concluding a transaction, where one of the parties is a minor, obliges to submit additional documents to the above list.
Among them are the following:
- certificate of the relationship of the participants of the agreement;
- resolution of guardianship and guardianship bodies;
- the consent of the second spouse for the exercise of donation;
- help from the passport table certified notarized.
Taking into account the fact that the collection of these documents will require a certain time to collect them better in advance.
Due to them the concluded obligation with the participation of a minor will acquire a complete legal force After registration.
If any of the references are not provided - it may entail the suspension of the registration of the transfer of ownership.
Registration and registration of the transaction
After approval of the transaction conditions, all copies of the gift and plus, the above documents must be brought to the Russian authorities, where mandatory registration should be held.
Register an apartment donation agreement should be as quickly as possible. While a citizen will not do this - the transfer of property rights will not be issued.
When everyone is delivered - a citizen is given a receipt about their adoption and the date of their receipt is prescribed. Within 7 days the whole procedure will be carried out, and the recipient was issued a certificate of state registration. The presence of a minor in this case is not necessary.
State duty and taxes
If the donation does not happen between close relatives, you should pay in the following tax period In the IFTS, at the location of being believed, 13% PPFL from the cost of housing. If it is concluded between close relatives, to which children include - the state frees a citizen from paying NDFL (paragraph 18.1 of Art. 217 of the Tax Code of the Russian Federation).
However, this benefit does not exempt from paying an annual tax for the use of real estate. The new owner (if the child is his representative) is obliged to pay such a tax annually.
When registering a gift deal, a state duty will be paid, which will be 0.3% (the minimum amount of 300 rubles) and on average is about 2,000 rubles. The receipt for its payment should be provided in the registration authorities.
IMPORTANT! In the framework of the Darment Agreement, as a rule, all expenses for its conclusion pays the gifted. If this is a minor or juvenile is his legal representative.
The donation of the daughter's apartment is very advantageous and promising provision of immigrants. Giving a minor to a minor, you can be sure that to achieve the majority he will be with his living area.
The transaction has several advantages, namely:
- A gift when the child marries or marries, will not be included in a jointly acquired property, and therefore, when divorced or death, will not take away the second spouse.
- Minimum tax payments - as it lies between close relatives.
- A small package of documents and a simple design procedure.
- A minor will not be able to dispose of housing up to 18 years, it will save him from rapid actions.
- Fencing property from possible alienation.
- The gift becomes the property being believed since the contract registration.
An important feature of the contract is the correctness of its conclusion. There should be no discrepancies or lack of necessary details, blots and corrections, orphographic errors. Darime property must be clearly designated and described.
Darisal is the easiest way to convey your property to your son. First, compared with other transactions, such as purchase and purchase, documents will need less, it will not be required to rent bank cellbecause money does not participate in the transaction. Secondly, the Son, like a close relative, is exempt from the payment of tax in 13%. Thirdly, the ownership of the apartment will go to the child after 1 month (if you know how to make a gift for my son correctly), and not after the death of the parent, if you make a testament.
How to arrange a gift for an apartment on a son without the help of a lawyer? Easy if you bring everything right required documents. First of all, it is necessary to competently draw up a donation agreement or gift. The contract template can also be found on the Internet, the most important thing is that the contract is indicated by the donor, gifted with their passport data and the registration address. It is very important to reflect all information about the apartment in the document, based on the right-point documents: the address of the location, conditional (cadastral) number, quadrature, floor and other information. Durious not necessarily assure in the notary. The contract must be made up in three copies: for the donor, belonging and storage in the state body.
Next, it is necessary to collect a package of documents for the domestic on the Son. Two statements will be required - one from the gifted (about the acquisition of the right), the second from the donor (about the transition of the right), as well as the certificate of the right to an apartment, a vehicle and a housing plan from BTI, an extract from the home book about registered at the address, certified by the notary , consent to the transaction of the second spouse (if the apartment in joint ownership), the resolution of the guardianship and guardianship bodies (if children live in the apartment or are its owners), certificates about the absence of tax and municipal debt, Receipt of payment of state duty.
After the documents are collected, the following question arises: how to register the gift for the Son and in which authority? Registration of real estate transactions is carried out by the territorial management of Rosreestra, in which area is the apartment. To do this, with all documents described above and with passports to appear in Rosreestr. Maybe this is done for the donor or gifted authorized person; Then the notarial power of attorney will need to make this transaction and its copy. The transaction is registered one month, after which a new certificate is issued.
It is described above how to arrange a gift, but do not everyone know that it can be canceled. The law provides for its abolition, if the gifted committed a crime against the personality of the donor or if, after the gift, the property situation of the donor has deteriorated much. There may be other reasons, for example, when parents (donors) are experiencing aware (son). So, the above councils will make it easier for the procedure for reissuing the apartment to property, and it means that forces and time will save. It is best to draw up a plan and a scheme of action, then the process will not represent difficulties.
So, the above councils will make it easier for the procedure for reissuing the apartment to property, and it means that forces and time will save. It is best to draw up a plan and a scheme of action, then the process will not represent difficulties.
You will need
- - receipt for the payment of state duty for the state registration of the contract of donation;
- - If notarial assurance, the notary services are needed;
- - Documents on the identities of the participants of the Darment Agreement;
- - Dear agreement;
- - Cadastral apartment plan, which can be obtained in BTI;
- - Documents confirming the ownership of the donor;
- - the consent of all interested people;
- - certificate of inventory assessment (issued in BTI).
Instruction
How it is not difficult to guess, "donation" comes from the word "give" or "gift." This is the name of the process or gratuitous transfer of the rights of possessing any or real estate. At the same time, a donation agreement is concluded between the donor and belonging, which then needs to be officially registered.
Darisfactory is considered the most simple ways Transfer to close relatives (future heirs) apartment, house ,. Of course, you can make it on any desired face. But in the case when distant relatives protruding or generally strangers perform, do not forget that they will have to pay at a rate of 13% of the value of donation. In this case, the registration on son is the ideal option for transferring to him the property rights so that in the future he did not have to pay in the inheritance state tax.
Design is not a very difficult process, but still it will be better to apply for advice to the notary. It will help you competently and most accurately draw up a donation agreement, as well as avoid possible problems. Under the problems there are in mind other applicants for the object of donation, the claims of which can be almost completely excluded with the competent design of the contract, as well as directly mentioning the list of persons whose claims of which the donor himself rejects and considers invalid.
The donor must provide the following documents For state registration of domestic: Certificate of state registration of rights to the object to be donated, certificates of all participants in the process, the contract of donation, the cadastral plan, the written consent of the relatives or other persons, the guidelines for ownership, an inventory assessment of the gift object, a certificate of housing and communal services on the number of registered In the premises of persons, payment receipt state duty (1000 rubles).
The full package of documents should be provided to the Federal Registration Service (Rosreegy). The term of consideration of documents of the undercut, as a rule, the process takes no more than one week.
note
In the case of registration of an apartment or houses, which are the joint property of several parties, and the son is acting as a gifted, the consent of the remaining co-owners for registration of gift is not required (for example, the mother does not necessarily receive a father's permission to transfer their share common property their shared son).
Sources:
- Information and legal portal
- durious as issuing
Design of domestic is an important processin which it is extremely undesirable to ignore various subtleties and nuances. Observe all the established norms, and then you will not have any problems, and the property obtained can be used on legal grounds, without worrying.
Instruction
First of all, it is necessary to figure out that in jurisprudence is understood under the contract of donation. This is a gratuitous transfer of property rights. The main condition for its conclusion is the capable state of the property owner and the availability of rights to property.
According to current legislation, notarization of the gift in the formal form is not necessary. This suggests that this document can be made in a regular writing, but then, in the event of a loss of the original, problems will begin. In order for this not the best of all, it is best to create a document from a notary, so you can always request a copy of the gift.
An extremely important condition is to register the transfer of property rights. To do this, it is necessary to write an application on behalf of the property being believed to receive, as well as on behalf of the donor - to transfer these rights. At the same time, the originals of documents indicating the right of ownership of property, and the receipt of the payment of state duty.
In addition, during registration, additional documents may be needed. For example, if, with the gift of real estate, other owners live in it, then their consent needs. Documents from the guardianship authorities will be needed if minor children live in the house or apartment. In the case of real estate, only part of his share can be given as a gift.
The fundamental point in the design of the gift is that it is made only at the moment. It can not be replaced by the will, because she will not have legal force. Given can replace the testament only if the donor is ready to transfer his property while lifelong.
It should also be borne in mind that if the property is transmitted to relatives, then for anything, in addition to paying services for notary and state duty, it will not have to pay. But in the case of transmission of familiar, friends or distant relatives, it will be necessary to pay a 13% tax of online property. The value of the tax is calculated from the market value of the property. Avoiding his payment can be issued a purchase and sale transaction. True, in this case there will be a donor to pay if the property was in its property for less than three years.
The transaction under the contract of donation is performed without intermediaries, only in some cases the presence of a lawyer is necessary.
It should be borne in mind that it is quite difficult to cancel the domestic one. The law provides three situations for cancellation of the contract. This is the death of a new owner, poor handling of presented property, i.e. A serious threat to his damage or destruction, and severe injuries or an attempt on the life of the donor beloved. Moreover, the abolition of the contract is made only through the court.
There are also restrictions on the person being gifted. Property cannot be presented by civil servants, social and medical institutions that have workers with a donor. The contract cannot be concluded with incapable people and young citizens.
Darisfactory is a document that captures the freestyle (that is, without beating) transfers. It is understood that the donel voluntarily transfers his property and the corresponding rights to it. In most cases, this procedure is carried out between relatives. But here there are many nuances. In order for the transaction in the future, it is not invalid, you need to know the features of its design.
To make a gift of nothing supernatural required. Need directly living space, the desire of both sides. Relatives make up and sign a contract. This document can not even register (although it will not be superfluous). It is better to take advantage of legal services so that the specialist looked through all the items of the contract and was convinced of their compliance with legislation and unequivocity.
It should be understood that the contract may be challenged. The grounds for this: any of the parties is not in a sense reason, the recipient did not have the legal right to receive a gift because of the service status. Also challenging is possible if there is no consent of the compound, there are suspicions of an imaginary transaction. The reasons include the signing of a pressure contract, the fact of unworthy appeal of the new owner with real estate. All this needs to know and understand when drawing up a document.
After the agreement is drawn up, both parties should come to the registration or cadastral chamber, fill the act of acceptance and transmission, as well as a statement. Then in the presence of the official signed an agreement. He takes the attached documents and gives the receipt.
If the donarian does not have a desire or the ability to make design, he can reassign it a trusted person.
