Almost every person owns some kind of property, movable and immovable, which he can dispose of as he sees fit: he can sell it, exchange it, donate it, or even destroy it. In some cases, in order to make a gift, it is necessary to conclude a gift agreement, which confirms the gratuitous transfer of things to another person. It is written in writing and must be signed by both the donor and the donee.
In order for the contract to be drafted legally correctly, it is better to contact a lawyer. You can compose it yourself. It must be remembered that donation is carried out precisely on a gratuitous basis, and therefore, it is impossible to prescribe any conditions in the contract (after death, during care, etc.). It is not necessary to indicate the value of the property in the contract.
What are the requirements for drafting a contract?
Without fail:
- it is necessary to reflect passport data and indicate the address of the place of residence;
- describe in detail the subject of the contract. In the case, for example, if it is an apartment, you need to indicate at what address it is located, the number of floors in the house, floor, number and total area of the apartment, as well as the number of rooms.
- indicate the documents that secure the rights of the donor to the property.
After signing this agreement by the parties, it is necessary to register the gift agreement with the state body for registration of property rights. Only after that it is considered duly executed and may have legal force.
What documents for donating an apartment do you need to provide at registration?
1. 3 copies of a deed of gift;
2. documentary evidence of the right to premises;
3. passport from the BTI;
4. general passports;
5. receipt of payment of state duty for registration of the contract.
Registration is carried out in a month. You will also have to pay a state fee for the transfer of ownership.
Gift Taxation
In case of giving the apartment to the donee, tax is paid. Its rate is 13% of the value of the property (apartment). If the gift agreement is concluded between close relatives, family members, then you do not need to pay tax. Therefore, it will be necessary to submit documents confirming the family ties of the parties. Such documents are: marriage certificate, birth certificate, court decision, etc.
It is possible to cancel the contract in case of intentional infliction of physical harm (bodily harm) to the donor, attempt on his life or members of his family. If the donee has committed the killing of the donor, then the right to demand cancellation passes to the heirs. The donor can appeal to the court at any time and challenge the contract if he considers that his rights are violated.
It is not necessary to conclude a gift contract immediately, as it can be promised. The promise must be duly executed. It must also be in writing and registered under the same rules. The promise must contain a clearly expressed intention to transfer the thing free of charge in the future to a specific person. The thing must be described in detail, otherwise the promise can be recognized as null and void.
In the event that the donor has died, his heirs must make a donation and transfer the thing to the indicated person, unless otherwise provided by the contract.
The donor, in order not to engage in the execution of the contract himself, - due to age, lack of time or other reasons - can, through a notary public, draw up a power of attorney for the person who will represent interests. This power of attorney must necessarily reflect information about the property - the subject of the contract, as well as the data of the donee. If these conditions are not met, the power of attorney may be declared null and void.