The owner has the absolute right to the real estate that he has. He can sell it, bequeath, give it, or take any other action at its discretion. At the same time, giving a share in an apartment to a close relative has a number of features that are essential for concluding and implementing this agreement. Therefore, it is important to know what needs to be done to properly complete the transaction.
Who are close relatives?
We find the definition in the Family Code, which states that these are relatives in a direct descending or ascending line, as well as full and half brothers and sisters (if they have common parents or one of them). Moreover, it is not said that the brothers and sisters are closely related, but nevertheless, within the meaning of the law and in the moral aspect, we will also relate this category.
Giving real estate to close relatives
First, let’s decide why we choose gift? Buying and selling does not suit us initially, because we want to transfer the property for free. The will is not what we need, because we want now to renew the apartment, and not after death. Moreover, in the case of the latter, an obligatory share in the inheritance is provided , which the testator cannot influence in any way. This is a kind of restriction of his freedom to choose a person who will get an immovable object. Therefore, giving is suitable for us. Close relationship in this case is not of particular importance, because there are no features. If you give a share, then there is a shared ownership, which is a kind of common. It should be noted that the owner of a part of the property has the right to donate a share to any person, regardless of the will of the other owners.
Contract registrationIt is clear that close relatives have a personal trusting relationship with each other. But the contract is in any case drawn up in writing. In addition, the transaction goes through the state registration procedure, which is carried out by the authorized body. The period in which the donation will be documented is 1 month.
Required documents
There is a general list of documents that close relatives provide to a government agency:
- statements by the parties;
- papers that state duty paid;
- passports or other identification documents;
- power of attorney for representatives, if any;
- drawn up gift agreement (3 copies);
- documents for the property.
Depending on the situation, the list of documents may vary. For example, if the donor is married, then you need the consent of the spouse to complete this kind of transaction. Moreover, this paper is certified by a notary.
Conclusion
Remember that a deed of gift must be drawn up correctly. Close relatives often argue in court, because at the time of the conclusion of important agreements they hoped for a good relationship and did not do everything properly. It will not be superfluous to play it safe, because different situations may arise in the future. If you are not sure, then contact a lawyer to draw up a competent document that cannot be challenged.