Gift of property to a daughter or son. How to issue a deed of gift for an apartment for my son? Sample, required documents

Hello!

There is no need to draw up a gift deed.

I give a sample:

DONATION AGREEMENT
Izhevsk Tenth of March two thousand and fourteen.

We, the undersigned:
Ivanov Petr Ivanovich, date of birth 05/30/1958, passport 56 00 111222 issued by the Department of Internal Affairs of the Pervomaisky district of Izhevsk on 01/20/2005, registered at the address: Izhevsk, Krasnova street, house 30, apt. 23, hereinafter referred to as "Donor", on the one hand, and
Ivanov Mikhail Petrovich, date of birth 08/25/1980, passport 56 00 222333 issued by the Department of Internal Affairs of the Zheleznodorozhny district of Izhevsk on 10/25/2006 registered at the address: Izhevsk, Antonova Street, building 3, apt. 25, hereinafter referred to as "The donee", on the other hand, when mentioned together are referred to as "Parties", have entered into this Agreement as follows:
1. "Donor", Ivanov Petr Ivanovich, transfers ownership free of charge "To the donee", Mikhail Petrovich Ivanov, his son, an apartment located at the address: Izhevsk, Ternovsky Street, building 132 (One hundred and thirty-two), apartment 71 (Seventy-one).
2. The specified apartment belongs to "To the Giver" by right of ownership on the basis of the Sale and Purchase Agreement dated May 25, 2010 No. b/n, registered by the Office of the Federal Service for State Registration, Cadastre and Cartography for the Udmurt Republic on May 26, 2010, entry No. 58-58-37/005/2010 -850, which is confirmed by the Certificate of State Registration of Rights, Series 58 AA No. 123456, issued by the Office of the Federal Service for State Registration, Cadastre and Cartography for the Udmurt Republic on May 26, 2010, registration record No. 58-58-37/005/2010-851.
3. The specified apartment consists of one living room, has a total area of ​​34.2 (Thirty-four point two) sq.m., living area - 17.8 (Seventeen point eight) sq.m.
4. "The donee" as a gift from "The Giver" accepts the indicated apartment.
5. "Donor" guarantees that before the conclusion of this Agreement, the specified apartment is not alienated, not mortgaged, in a dispute, lease, is not under prohibition (arrest), is not burdened with the rights of third parties and other obligations, persons temporarily absent, but retaining the right to use this apartment, are not has no debts on taxes or other payments.
6. "Parties" declare that they act consciously, voluntarily, not forced, on mutually beneficial, not enslaving conditions, understand the meaning of their actions and are not mistaken about the transaction, have not been deprived or limited in their legal capacity, do not suffer from diseases, including mental ones, that deprive them of the ability to understand the meaning of your actions and manage them.
7. No one is registered in the indicated apartment.
8. "Parties" confirm that they understand the meaning and content of the transaction, its consequences, responsibility, rights and obligations, as well as the content of articles of the Civil Code of the Russian Federation: 164 - “State registration of transactions”, 166-181 - on the invalidity of transactions, 209 - “Content of property rights”, 223 - “The moment of ownership of the acquirer under the contract”, 288 - “Ownership of residential premises”, 292 - “Rights of family members of the owners of residential premises”, 450 - “Grounds for changing and terminating the contract”, 572 - “Donation agreement”, 573 - “Refusal of the donee to accept the gift”, 574 - “Form of the gift agreement”, 578 - “Cancellation of the gift”. The requirements of Articles 34, 35 of the Family Code and Art. 7 of the Housing Code of the Russian Federation are known and observed.
9. This agreement and the transfer of ownership are subject to mandatory registration with the body that carries out state registration of rights to real estate and transactions with it.
10. "The donee" acquires ownership of the above-mentioned apartment from the moment of state registration of this agreement and transfer of ownership, after which it assumes the obligation to pay real estate taxes, reimbursement of expenses in proportion to the occupied area for repairs, operation and maintenance of the apartment, house, its engineering equipment and local area .
11. From the moment of state registration of the transfer of ownership of the apartment, the latter is considered transferred from "The Giver" To "To the donee".
12. The costs of concluding and registering this Agreement are paid by "Donor" And "The donee".
13. This Agreement contains the entire scope of agreements between "Parties" with respect to its subject matter, cancels and invalidates all other obligations or representations that may have been accepted or made by the parties, whether oral or written, prior to the execution of this Agreement.
14. This agreement has been drawn up and signed "Parties" in triplicate, one for each "Parties", and one is kept in the body that carries out state registration of rights to real estate and transactions with it.

Signatures of the parties:

"Donor"

_________________________________________________________________________________

"The donee"

You will fill out the application form for state registration of the transfer of ownership at the Registration Chamber, there are very accessible samples there, so there will be no problems.

First, make an agreement, then go to the registry office and perform all actions there. They will tell you there.

Sincerely,

Yaroslav Tsvetkov.

Giving an apartment as a gift to your child is the basis for his future well-being. After all, housing plays a major role in the life of every person. A parent who is going to give a child a home should pay attention to the specifics of this procedure so that the child does not have problems in the future. How to give an apartment to your son? What nuances should you pay more attention to? We will answer these and other questions in this article.

How can a mother draw up a gift deed for her son?

You should not try not to involve your child in the process of signing papers and negotiating with a notary. When the son comes of age, his presence when drawing up the contract is mandatory. After all, to carry out a transaction it is impossible to do without the consent of both parties.

When a son is a minor, his interests are usually represented by a second parent or guardian.

You can give an apartment to a child in different ways. The most common is to draw up a deed of gift (gift agreement), which will then need to be registered. This method will not take much time and will eliminate all kinds of difficulties.

According to the Family Code, a son is considered a close relative for a mother, for this reason he does not have to pay tax (13% of the cost of housing). That is, this method can be considered economical.

You can also transfer an apartment to a child through purchase and sale. This method is used by people who do not want to carry out the donation procedure for any reason. At the same time, the mother turns to a notary to draw up a purchase and sale agreement, on the basis of which her son allegedly buys a home from her. However, with this procedure it is necessary to pay tax. Regardless of close relationship, you will have to pay 13% of the value of the property.

Features of donation

The donation of an apartment is free of charge. This is the main difference between the donation procedure and other real estate transactions. Just such a deal is gaining popularity every year.

In this case, the deed of gift can be of different types:

• including certain conditions;
• unconditional.

It is noteworthy that no obligations are imposed on the donee. As soon as both parties sign the papers, he becomes the sole owner of the donated object. The recipient receives the opportunity to dispose of property after reaching the age of majority (in the absence of separately specified conditions in the contract). For example, the time of marriage or graduation from university may also be indicated. In this case, the mark will be placed after the recipient proves that this condition has been fulfilled.

Action plan

Let's consider step by step the steps that need to be taken to donate an apartment to a child:

1. Warn your child that you are going to give him an apartment. Get consent for this.
2. Collect the required package of documents.
3. Correctly draw up the deed of gift. To do this, you can contact a lawyer or notary. It is also possible to draw up a deed of gift yourself. It is important to indicate in the document all the characteristics of the apartment that will be donated, including the number of floors of the building where it is located, floor location, area, number of rooms, address, etc. Documentation must be attached that confirms the donor's ownership rights to the property being donated. If the property belongs to several persons, the parent can give the child only his share. If the apartment was purchased during marriage in order to give it to the son, the mother must provide permission for the transaction from her spouse.
4. Pay the state fee.
5. After the agreement is fully drawn up, they proceed to its registration. You need to contact the government authorities, taking with you the deed of gift and other collected documents (receipt confirming payment of the state duty, BTI passports, consent from other home owners certified by a notary, passports of both parties, documents of ownership).
6. After registration, the child becomes the full owner of the home that was given to him by the parent.

Detailed list of required documents

• passports (mother and son);
• papers confirming that she is the owner of the donated housing;
• a document stating that the son agrees to receive the apartment as a gift;
• application for re-registration;
• deed of gift;
• data on registration of persons in the apartment, taken from the house register;
• document from the BTI about the cost of the apartment;
• cadastral passport;
• spouse's consent (if necessary);
• permission from the guardianship authorities (if other children live in the apartment);
• permission of the guardian (if the child is incapacitated or is a minor);
• power of attorney for the guarantor, if one of the parties cannot independently attend the transaction;
• check for payment of state duty.

Registration of deed of gift

As previously noted, you can draw up a gift agreement for your child yourself, or with the help of a notary. The latter option will be preferable, since in the person of a notary you will receive a witness who can, if necessary, prove the legality of the transaction; in addition, an experienced specialist will help you draw up the document correctly.

In any case, the deed of gift is printed on white A4 sheets. It is better if it is printed rather than written by hand.

It is necessary to fill out a clearly established form in order to avoid the registration authority’s refusal to re-register. When filling out the deed of gift yourself, you should follow all the points of the form and their sequence as accurately as possible. Registration may be refused if at least one error is found in the gift agreement.

The deed of gift must contain information about both parties to the transaction, including contact information. The object of donation (apartment) must also be described in detail. It is important to take into account the existence of clear rights and obligations of the parties, as well as the liability that they will bear if these articles of the document are not fulfilled.

One of the paragraphs of the deed of gift must indicate information that it is possible to terminate the agreement, make changes and additions to it, as well as the circumstances under which this can be done.

At the end of the contract, all documents that are attached to it are listed, and the date of preparation is indicated. Next, both parties confirm it with signatures. When certifying a deed of gift by a notary, his signature will also be required.

Registration procedure

After drawing up the donation agreement, it, along with all attached documents, is left with an employee of Rosreestr or MFC to register the rights of the new owner.

An employee of the registration authority issues a receipt confirming his acceptance of your documents and indicates the date on which you will need to come back for the result. The registration procedure may last 10-15 business days.

On the required day, both parties must come with their passports and a receipt to pick up documents and a certificate of ownership of the apartment by the donee.

Nuances of registration when your son is a minor

On a note: A minor child cannot sign the contract. His representative does this instead. This may be one of the parents or another close relative who is a guardian.

When living in an apartment for children who are under 18 years of age, the consent of the trustees to the transaction will be required. They must check to ensure compliance with the requirements of the law and the interests of children.

The apartment should not have any encumbrances so that the child to whom it was given as a gift does not have to experience any problems in the future.

Failure Cases

There are cases when the registration authority refuses to formalize a gift transaction. The reasons are mainly as follows:

• incorrectly drawn up deed of gift;
• lack of permission for the transaction from persons who own other shares of the apartment;
• incorrectly compiled package of documents (some paper is missing or does not meet the requirements).

Thus, you need to approach the donation procedure with great care so as not to waste time in case of refusal.

Is filing a return required?

Some people are mistaken that when donating housing to their child, they are required to pay a tax amounting to 13 percent of the price of the apartment.

So is this procedure subject to taxation? By law, a child can be considered the closest relative, and when donating property to the latter, payment of tax is not required. This is evidenced by the tax code and other legislative acts.

That is, filing a tax return in this case is not necessary. Only a small fee of two thousand rubles is paid to the state.

What conditions must be met?

To complete the procedure for donating an apartment, the following rules must be observed:

1. The donation must be free of charge. The transaction will be canceled if fraud is detected in the form of transfer of funds to the donor by the donee or his relatives.
2. The gift agreement should not contain a condition that the donated housing will be transferred to the donee only after the death of the donor. The opposite situation will also lead to the recognition of the deed of gift as invalid.
3. When donating a share of an apartment to a child, the consent of the other co-owners will be required. But if the child already owns part of this apartment, and another share is given to him as a gift, there will be no need for the consent of the other owners.
4. If the donor wants to return the donated property, he will need to go to court. If the contract is drawn up incorrectly, the decision may be challenged.

Let's consider cases in which the donor has the right to terminate the contract:

1. The donee made an attempt on the life of the donor.
2. The recipient died or was declared incompetent.
3. A child who received an apartment as a gift treats it carelessly.
4. The life of the donor after the transaction deteriorated significantly financially and physically.

A request to cancel the transaction may also come from the recipient if he no longer wants to own the apartment. In this case, the donor may demand compensation.

Reasons for giving priority

In most cases, an apartment is transferred into other hands through the donation procedure. An important advantage of such a transaction is the absence of tax when transferring housing as a gift to a close relative.

In addition, donating an apartment is much easier than selling or bequeathing. And it is also the donated apartment that is easiest to protect from attacks by relatives.

Another advantage is that the donated apartment is not considered jointly acquired property. In the event of a divorce, she will not share.

Notary's help

The main cost of the donation includes services for drawing up an agreement and state registration. In most cases, it is 3,500 rubles. First of all, you need to pay the state fee. Its size will depend on the cost of the apartment (0.3-0.5%).

When contacting a notary, you need to clarify information regarding the documents that will be needed to complete the procedure.

The notary can independently transfer the documents along with the drawn up gift agreement to the registration chamber.

Deadlines

In order for the state to register the rights of the recipient to an apartment, it currently takes only 10 calendar days. Previously, this period was 18 working days. That is, now donating an apartment has become even easier and faster.

Conclusion

If you follow all the tips given in this article, the parent will be able to give their child an apartment without any difficulties. We wish your child to become a home owner as soon as possible!

Video on the topic

A deed of gift is the easiest way to transfer your property to your son. Firstly, compared to other transactions, for example, purchase and sale, fewer documents will be required, and you will not need to rent a safe deposit box, because no money is involved in the transaction. Secondly, the son, as a close relative, is exempt from paying the 13% tax. Thirdly, ownership of the apartment will pass to the child within 1 month (if you know how to draw up a deed of gift for your son correctly), and not after the death of the parent, if you draw up a will.

How to draw up a deed of gift for an apartment for my son without the help of a lawyer? It’s not difficult if you collect all the necessary documents correctly. First of all, you need to correctly draw up a gift agreement or deed of gift. An agreement template can also be found on the Internet; the most important thing is that the agreement indicates the donor, the recipient with their passport details and registration address. It is very important to reflect in the document all the information about the apartment, based on the title documents: location address, conditional (cadastral) number, quadrature, floor and other information. The deed of gift does not have to be certified by a notary. The agreement must be drawn up in three copies: for the donor, the donee and for storage in a government agency.

Next, you need to collect a package of documents for a deed of gift for your son. Two applications will be required - one from the donee (about the acquisition of the right), the second from the donor (about the transfer of the right), as well as a certificate of ownership of the apartment, a registration certificate and a home plan from the BTI, an extract from the house register about those registered at this address, certified by a notary , consent to the transaction of the second spouse (if the apartment is jointly owned), permission from the guardianship and trusteeship authorities (if children live in the apartment or are its owners), certificates of absence of tax and utility debts, receipt of payment of state fees.

After the documents are collected, the next question arises: how to register a deed of gift for a son and in which body? Registration of real estate transactions is carried out by the territorial department of Rosreestr in which area the apartment is located. To do this, you need to come to Rosreestr with all the documents described above and with your passports. An authorized person can do this for the donor or recipient; then you will need a notarized power of attorney to complete this transaction and a copy of it. The transaction is registered for one month, after which a new certificate of ownership is issued.

It is described above how to draw up a deed of gift, but not everyone knows that it can be canceled. The law provides for its abolition if the donee has committed a crime against the personality of the donor or if after the donation the property situation of the donor has deteriorated significantly. There may be other reasons, for example, when the parents (donors) outlive the donee (son). So, the tips given will facilitate the procedure for re-registering an apartment as a property, and, therefore, save effort and time. It is best to draw up a plan and action plan before the transaction, then the process will not be difficult.

So, the tips given will facilitate the procedure for re-registering an apartment as a property, and, therefore, save effort and time. It is best to draw up a plan and action plan before the transaction, then the process will not be difficult.

Modern contractual practice confirms that the vast majority of gift relationships arise between close people - relatives, family members, friends, etc. One of the most common categories of subjects involved in giving are parents, who most often act as donors, however, often accepting gifts from their children.

For your information

The legal status of the parents, or rather, consanguinity in relation to their son or daughter, predetermines certain features when completing the gratuitous transaction in question, which is often a fundamental factor for its conclusion. For a better understanding, let’s take a closer look at the procedure for registering a deed of gift in favor of parents.

How to make a gift to mother or father

According to the generally accepted model, a donation in favor of the mother or father is formalized through concluding a deed of gift, which will involve the gratuitous transfer or promise of transfer in the future of any property benefits from children to parents (Article 572 of the Civil Code). According to Art. 574 of the Civil Code, any such contract, executed simultaneously with its conclusion or simply concluded by transferring a gift to the mother or father (real contract), can be done orally. However, there are some exceptions.

A written form of a gift agreement in favor of parents will be required in cases where an agreement is concluded promises of gift in the future, donations real estate(due to the need for state registration), donations Vehicle(due to the need for registration) or if necessary notarization transactions.

In addition to the form, certain requirements for the content of the concluded document are necessary for compliance. In particular, paragraph 1 of Art. 432 of the Civil Code, defines the subject of the deed of gift as its only essential condition. To comply with this requirement, the parties must describe in detail the item of donation, indicate its individual characteristics and characteristics and specify the subject in any other way.

Additionally

It should be understood that not only things of the material world, but also property rights (claims) can be given as a gift to parents. In addition, the role of a gift can be the release of parents from their property obligations or debt to third parties.

When concluding a promise of donation, as an obligation of the donor, the contract must also contain his clear intention to transfer the gift in the future(Clause 2 of Article 572 of the Civil Code). The absence of this requisite does not allow the concluded transaction to be recognized as a gift.

In addition, it is advisable to specify in the contract the procedure and conditions for transferring the gift. It defines the terms and date of its transfer, one of the methods of delivery (clause 1 of Article 574 of the Civil Code), and conditions precedent (Article 157 of the Civil Code). In addition, the documents transferred along with the gift, the procedures carried out and third parties involved in concluding the transaction (specialists, experts, appraisers, etc.) are determined.

It wouldn’t be superfluous to say procedure for inclusion in the contract changes and grounds for its termination, the procedure for resolving disputes, the responsibility of the parties, the grounds for canceling the deed of gift, the list of appendices to the agreement, etc. At the end, the agreement is sealed with the signatures of the parties.

Please note that in order to maintain the legality of the transaction and confirm the rights of the parties to conclude it, It is advisable to register a deed of gift with a notary(Article 163 of the Civil Code).

Donating an apartment to mother or father

By gifting parents with an apartment or any other real estate, children most often try to solve their housing problems. Such a noble act certainly deserves praise, but at the same time it requires maximum care when conducting a transaction, since donating apartments has a lot of features and nuances. First of all, you should remember about the need for state registration of rights to an apartment.

Quite often it happens that real estate is in shared ownership, which, however, does not at all prevent its alienation. According to paragraph 2 of Art. 246 of the Civil Code, the owner of a part has the right to donate a share of the apartment to his mother or father, as an independent object of ownership. In this case, the gifted parent will have the opportunity to use part of the apartment, proportionate to his share(Article 247 of the Civil Code).

It should be remembered that donation is a gratuitous transaction, therefore the mother or father there can be no counter-obligations in relation to the donor, in exchange for the apartment received. The presence of such conditions will make the transaction feigned, which entails its nullity (Article 170 of the Civil Code).

Please note that if the apartment transferred to the parents has any hidden defects or shortcomings, in order to avoid harm to the life, health and property of the recipient, donor should warn him about them(Article 580 of the Civil Code). In order to exclude subsequent disputes on this matter, it is advisable to reflect them in the contract or acceptance certificate.

Donor D. decided to give his poor father, who lived with his partner, 1/2 share of his two-room apartment. After concluding the deal and re-registering the share of the apartment in his father’s name, he and his partner suddenly expressed a desire to live with D. and his family. However, D. objected to this - since he, his wife and their four children lived in the indicated apartment, there was no room for the father and his partner. After listening to D.'s opinion, his father threatened him with a lawsuit, which he filed in court some time later.

In court, D.’s father demanded that his son be obliged to pay him compensation in accordance with paragraph 2 of Art. 247 of the Civil Code, due to the fact that D. refused to provide him with a part of the apartment belonging to him by right of ownership for his possession and use. D., in turn, argued that he did not have the funds to pay compensation, moreover, the obligation to pay it, in his opinion, is awarded only if it is impossible to provide part of the common property for use to a co-owner. Since, in D.’s opinion, he and his father only had a disagreement on the issue of ownership of common property, he asked the court to be guided by paragraph 1 of Art. 247 of the Civil Code and establish the procedure for use independently.

After hearing the opinions of the parties, the court rejected the plaintiff’s claims and, at D.’s request, determined the procedure for using the apartment, according to which he allocated one of the rooms for private use, as well as a number of common areas - a balcony, kitchen, toilet, etc. But despite this, the father refused to use the room.

Giving a house to mother or father

If a private house has hidden flaws known to the donor, then he must warn the recipient about them. If such defects cause harm to the health or property of the recipient, the donor will be obliged to compensate for such damage (Article 580 of the Civil Code).

Taxes when donating property to mother or father

Tax legislation considers receiving as a gift real estate, vehicles, shares, stocks and shares, how to generate income, equal to the market value of the specified items. As a general rule, having received them as a gift, the recipient has the obligation to pay income tax amounting to 13% of their market value. However, the legislator has provided for some exceptions.

Attention

Such a relationship is equivalent to the connection between adoptive parents and adopted children. In case of donation in favor of adoptive parents, they will also be exempt from income tax.

In order to exercise their right to exemption from personal income tax, it is advisable for the parties to the donation, especially in the case of notarization of the deed of gift, to indicate in the agreement the existence of family ties between them. In addition, you must attach documents confirming this fact, and, if necessary, provide them to the Federal Tax Service.

Please note that relationship with the donor can only exempt the donee from the obligation to pay personal income tax, personal property tax(Article 399 of the Tax Code) is still payable. However, such an obligation will arise only if the property is received as a gift. The amount of tax payable ranges from 0.1% to 2%, depending on the value and type of property and will be payable annually.