Gift certificate is a document confirming the free transfer of various property (real estate). The most important feature for a gift agreement is that the donor must be vested with the right of ownership of the object that he plans to transfer. A house donation is a type of transaction when a donor provides a house free of charge to another entity (donee).
Contract execution
It is worth noting that this agreement is in writing and is subject to state registration. A deed of gift may also be certified by a notary public. Such a procedure is not necessary, but it is a certain precaution, since if, for example, the contract is lost, then a copy of it can always be taken from a notary.
In addition, a deed of gift for a house and other types of real estate is subject to registration at an institution such as Rosregistratsiya. To conduct a transaction, the following documents are submitted to this federal authority:
- certificate of registration of ownership;
- passports of both parties;
- a statement on the transfer of property rights (the donor writes);
- statement of the donee on the registration of ownership of the house (other real estate);
- directly donating to the house - the number of originals must correspond to the number of parties plus one copy of the copy;
- if the house is in joint ownership, then there must also be a notarized consent from the spouse or other relatives.
- receipt, which confirms the payment of state duty;
- cadastral passport for real estate, which is donated;
- Help BTI;
- a certificate that contains information about all registered residents of the house, which will be given;
- a document that can confirm that the donor has ownership of the object;
- if one of the parties is minor or incompetent, then a power of attorney is also needed.
We want to note that this is not an exhaustive list of securities that are needed to draw up such an agreement as a deed of gift. Documents may vary slightly in different cases.
How can I give?
The law provides for such options for donating at home:
- Give the whole house.
- Transfer a share of a home or specific premises. For example, you can give 36/70 shares of the structure and leave behind a bedroom on the second floor and a veranda on the first, and transfer to the donee all the other rooms in the house.
- You can donate the building to several people, such as a granddaughter and a son.
- Give a certain share of the house allocated in kind. For example, give a new owner 2/3, and leave yourself 1/3 of the building, etc.
Transaction Costs
Many citizens who plan to donate a house are worried about the same question: “How much does a house donation cost”? This agreement does provide for some expenses:
- tax of 13% of the value of the property. However, it does not need to be paid if both the donor and the citizen to whom the gift is given are members of the same family.
- if you make out the deed of gift at a notary public, you also need to pay a fee, the amount of which depends on the value of the house;
- for the registration of property rights a fee of 1000 rubles is withdrawn.
In general, if everything is done in accordance with the law, then a donation to the house is issued in about 1-2 weeks.