Sample of a preliminary donation agreement and its features

What is a preliminary gift agreement?

The law contains the concept of “Preliminary Agreement”. Such agreements are concluded with the aim of preventing negative consequences in the future. The document serves as a kind of guarantee for the execution of the main document. If one of the parties refuses to enter into an agreement, the other has the right to file a lawsuit to compel the execution of the action.

However, this rule is practically not applied to gift agreements. In this case, we are talking about a draft agreement that the parties will sign in the future. The initiator of the transaction is usually the donor. That is, the owner of the alienated property. The donor must notify the recipient of the upcoming transaction. If he is a young child, then the donor notifies the child’s legal representatives of his intention. Naturally, they need time to think about the proposal.

The draft gift agreement allows you to get a general idea of ​​the alienated property, evaluate the terms of the transaction and upcoming expenses.

Preliminary gift agreement: 7 rules for document execution

In jurisprudence, a preliminary gift agreement is a preparatory stage preceding the conclusion of the main transaction. In addition, it is also called a document, according to the terms of which the parties undertake to execute a deed of gift for non-residential real estate, housing, things or money after a certain period of time.

However, no matter how much lawyers insist on the importance of this preparatory act, in practice it is not often used, which often leads to the cancellation of a transaction or the ignoring of oral promises, which are almost impossible to prove in court.

The author of the column on the gift agreement in the Russian Federation, lawyer Oleg Ustinov, will tell you in what cases you cannot do without a preliminary deed of gift, how to formalize it and avoid pitfalls in this case.

Why enter into a preliminary gift agreement?

Most often, such acts are concluded in cases where the parties do not have the opportunity to carry out this important transaction, on which a business can sometimes depend (for example, when donating a share in an LLC) or even a person’s life (for example, gift money is needed to pay for an urgent treatment). Such situations, unfortunately, are not uncommon. This type of preparation for a transaction is regulated by the provisions described in Article 429.

Essence : So, in order to ensure that the transaction under discussion will definitely take place in the future, experts recommend that the parties enter into a preliminary gift agreement, according to the listed conditions of which the deed of gift will be signed even if one of the participants refuses.

In the practice of the lawyers of the Legal Ambulance website, there was a case when the donor and the donee were forced to sign a similar act, since it took much more time to prepare the documents necessary for the transaction than the participants had. At the same time, the property had to be put into use by the recipient much earlier than the deadline for preparing construction documentation.

But this does not mean that a preliminary agreement may not be needed in ordinary situations. To do this, it is worth considering in more detail the concept of donation itself.

Gift deed from the point of view of the law in 2020

So, our regular Readers know that a gift in jurisprudence is usually called the gratuitous transfer of ownership and property closely related to it from the donor to the donee or the release of the latter from certain property obligations in relation to the donor.

At the same time, according to the current legislation of the Russian Federation, the transaction is completed at the time the parties sign the gift agreement, unless another start date for its validity is specified in the contents of the deed of gift.

One of the mandatory and fundamental factors that distinguishes this type of alienation of property from others is the gratuitous nature of the transaction, which excludes the presence of any counter-obligations of the donee in relation to the opposite party. However, this nature does not at all mean that the conclusion of the transaction is groundless, because each of the parties, one way or another, pursues its own goals and is driven by its own motives, which go beyond the scope of the gift itself.

Thus, being primarily a contract, when donating, one party must express a desire to donate the object, and the other must accept it. If one of these rules is violated, the gift agreement will be considered false and will not have legal force.

It is worth noting that, although the will of the donor to make a gift to a certain person is considered one of the main aspects of giving, the desire to make a gift itself cannot be the basis for lawyers to consider such a transaction a gift. So that this does not violate the law, the donor’s desire to give a gift to another person should not contain the desire to receive any benefits in return (money, services, etc.). all this applies to the consensual deed of gift.

Simply put, the parties must understand that the release from property obligations or the gratuitous transfer of the donor’s property must be formalized in the form established by law, including the donor’s will to complete the underlying transaction in the future.

By transferring ownership of movable or immovable property, the donating party thereby increases the property of the donee and these signs, although they do not have their own meaning in the context of the transaction, arise from the nature of the transaction.

In 2020, not only individuals, but also legal entities and other subjects of civil law can still act as donors and recipients. However, according to current legislation, some of the subjects may be limited in this right. For example, only capable and legally capable citizens can act as a party to a gift transaction.

Drawing up a preliminary donation agreement

Based on the information described in paragraph 2 of Article 429 of the Civil Code of the Russian Federation, when drawing up a preliminary gift agreement, you can use the same form that is used to conclude main transactions.

Moreover, if the form of the agreement in question is not established at the legislative level, the preliminary agreement, in any case, must be concluded in writing, and ignoring this rule leads to the loss of the agreement’s legal force.

Let us note that, although, according to established standards, the right to transfer property during the signing of a gift agreement requires mandatory state registration with the relevant authorities (MFC, Rosreestr, etc.), the preliminary gift agreement does not require such registration.

However, if the parties to the transaction plan to resort to the help of a notary to draw up the main agreement, then the preliminary agreement must be drawn up in the same way. At the same time, at the moment, the deed of gift is not subject to mandatory certification at a notary office, and therefore you do not have to use the services of a specialist!

Important : If one of the parties to the transaction subsequently refuses to fulfill the terms of the main gift agreement by challenging the preliminary agreement in court, the main agreement will be automatically declared invalid! Therefore, we recommend that you be extremely careful when drawing up the contents of the preliminary document! The best solution in this case would be to seek a free consultation from the experienced lawyers of our website!

Preliminary deed of gift when donating an apartment to a minor

However, against the backdrop of all of the above, it is worth highlighting the preliminary agreement for donating a share of an apartment to a minor, which in most cases is drawn up so that the donor and the donee can edit or adjust the terms and conditions of the main act.

Also, the preliminary stage of the gift transaction allows participants to become better acquainted with the features of the gift deed. For example, the party receiving the gift will be able to learn more about the property itself, which should soon become his property, and the current owner of the gift will be able to become familiar with the non-obvious nuances that accompany the alienation of real estate in favor of a minor citizen.

In addition, the preliminary gift agreement can act as a verification document for specialists from the guardianship and trusteeship authorities, who will be able to check the transparency of the transaction in advance and give their own recommendations on the preparation of the main document.

Important : Registration of such a deed of gift is an ideal opportunity for children to learn all the features of a future transaction!

And, although, according to current Russian legislation, the preparation of this document is not a mandatory part of the donation transaction, its execution in this case is recommended by most lawyers. Why?

Remember that since a minor citizen has not yet reached 18 years of age, direct transfer of an apartment, house, garage, as well as other types of real and movable property to him is impossible! At the same time, the final decision whether or not to accept the gift is made by the child’s legal representative (usually a parent), who, thanks to the preliminary agreement, has much more time to study the specifics of the transaction, as well as to correct inappropriate points.

Additional information: Dacha donation agreement – ​​2020 form

Mandatory terms of the contract

When developing a draft gift agreement, the following requirements must be taken into account:

1. Written form of the document. Oral agreements regarding the property are considered invalid.
2. Availability of title documents. The donor has the right to dispose only of personal property. Ownership of the alienated object must be confirmed by relevant papers. If the property is jointly owned by citizens, then the written consent of the co-owner is required.
3. Beneficiary participation. The interests of young children are represented by legal representatives. They submit an application, sign documents, register property rights, and pay taxes. Children over 14 years of age become full participants in transactions. The only limitation is the written consent of parents/guardians. That is, children participate in discussing the terms of the gift agreement and sign it at the notary. Children can make their own decisions only after reaching adulthood.
4. Notarization of the contract. If the testator alienates part of the apartment to a young child, then the participation of a notary is inevitable.
5. Registration of property rights. After registering a gift agreement with a notary, the beneficiary will have to contact Rosreestr. The recipient's right of ownership arises only after entering data into the state register. The supporting document is an extract from the Unified State Register. However, the beneficiary will be able to dispose of the property only after 18 years of age. Until that time, the child's legal representatives are the administrators.

Additionally, the gift agreement may contain a suspensive condition. For example, the beneficiary receiving higher education.

Can a legal representative act as a donor? Yes, if the child lives in a complete family. If the gifted subject is raised only by his father or mother, then the participation of the guardianship authority will be required.

The owner of the apartment does not have the right to simultaneously be the donor and the legal representative of a minor child.

Agreement for the donation of a share of an apartment to minor children, sample 2020

You receive title documents that have passed state registration in the name of the donee by providing us with a minimum package of documents.
To do this, you need to come to us twice. The first time to draw up a gift agreement, the second time to receive registered documents. 6. After the transfer of ownership of the above shares, Donee1 and Donee2, and until reaching adulthood, their legal representative, assume responsibilities for paying real estate taxes, and also operate and repair the apartment at their own expense, take part in the maintenance of the entire house and local area.

How to correctly draw up a preliminary agreement for the donation of a share of an apartment

The draft agreement can be found on the Internet or obtained from any notary. If the donor wants to supplement the form, then he will have to contact a lawyer. The specialist will listen to the wishes of the owner of the alienated object and include them in the document. A lawyer will tell you how to donate a share in an apartment to a minor child without breaking the law.

Form

The donation agreement must contain the following clauses:

1. Title of the document.
2. The date of the agreement.
3. The city in which the transaction is made.
4. Personal information of the parties to the transaction.
5. Rights/responsibilities of the donor.
6. Rights/responsibilities of the beneficiary.
7. Description of the alienated part of the apartment.
8. Footnote to the title document.
9. Reference to the absence of encumbrances.
10. Clause about the payer of the state duty when registering a transaction.
11. Mention of state registration of the transaction.
12. Link to the number of copies of the contract.
13. Signatures of the parties to the transaction.

The parties to the contract display additional provisions at their own discretion. This may include the procedure for transferring part of the apartment or using common property.

Content

When developing a draft agreement, the actual circumstances of the case must be taken into account. If there is a ready-made form, the parties only need to fill out the relevant sections.

Initially, the title of the document is indicated. Then the city and date of the contract. For example, the city of Naberezhnye Chelny in the Republic of Tatarstan, August twenty-ninth two thousand and eighteen.

The next section is devoted to the parties to the agreement (full name, residential address, passport details). Here is a link to concluding a gift agreement.

The fact of transferring part of the apartment into the ownership of the recipient is described below. The donor must indicate the size of the share of the alienated property and the address of its location.

The next paragraph contains a link to the title document. For example, the specified share belongs to the donor on the basis of a certificate of the right to inheritance under a will. The date of issue of the document, the body for registering property rights and the number of the certificate issued by Rosreestr are also indicated here.

Below is the will of the beneficiary. For example, the recipient accepts 1/20 of an apartment as a gift from the donor.

The next section is devoted to guarantees on the part of the donor. The property owner must confirm that the premises have not been sold or donated to third parties, and are not under mortgage or other encumbrance.

The procedure for the emergence of ownership of alienated property is described below. The beneficiary will have to contact the territorial office of Rosreestr.

The next paragraph contains a link to payment of costs associated with registering a transaction. Usually the costs are borne by the beneficiary.

The penultimate section may be devoted to a reminder of the invalidity of any other agreements or obligations that arose before the signing of the gift agreement.

At the end, you must refer to the number of copies of the contract. Below the text, the parties to the transaction put their signatures. You also need to leave space for the notary inscription.

Sample preliminary agreement for donating a share of an apartment to a minor

Below is a standard form for a gift agreement:

Preliminary donation agreement: apartments, apartment shares, for guardianship, sample

According to civil law, citizens have the right to dispose of their property in any way, including donating it. Often, all promises to donate something are expressed verbally and are not legally formalized, although they are such. Only a small proportion of citizens draw up a written preliminary agreement for the donation of any property.

According to the terms of the preliminary result, the main one must be concluded, and the property specified in the agreement is not transferred as a gift.

Concept and mandatory features of a contract

The named agreement must be understood as reaching an agreement between the parties on the obligation to conclude a main agreement in the future, using the conditions specified in the preliminary agreement.

A mandatory feature is gratuitousness. If the transfer of property is made conditional on the performance of any actions by transfer of property in exchange, then this will not constitute a gift agreement.

The reasons for drawing up an agreement can be very different. So, for example, citizen T., being elderly, expressed to her granddaughter her intentions to give her her precious earrings after she finished studying.

Since earlier, the grandmother said that she would never give up these jewelry, the granddaughter persuaded the grandmother to enter into a preliminary donation agreement, according to which in six months, that is, when the granddaughter finishes
11th grade, the grandmother will give her the jewelry as a gift.
The next necessary sign is the consent of the recipient. Consent is necessary, since the thing being transferred may have encumbrances that exceed its value several times.

In prosecutorial practice, there are a large number of cases when persons under a gift agreement were given an apartment on which there was an encumbrance of several tens of millions. Consequently, after registering the right to this apartment, all encumbrances were assigned to the new owner and his property.

Contract form

When considering the issue of the form of such an agreement, it is necessary to turn to civil law, according to which the form must meet the requirements for the underlying agreement, which is planned to be concluded in the future.

Thus, in judicial practice there are often cases when such an agreement is drawn up in simple written form, but all real estate transactions are subject to notarization. If such assurance is absent, then this agreement is invalidated as not meeting the established requirements.

From this we can come to the conclusion that if a gift agreement that will be concluded in the future is notarized, then the preliminary one must also be certified by a notary.

If the preliminary agreement is declared invalid, the main one automatically loses its legal force.

Basic provisions

Much attention must be paid to the content of the agreement in question, since the preliminary agreement largely determines the terms of the future gift agreement.

The defining condition is the item in respect of which it is planned to conclude a gift agreement. It must be specified in both contracts under consideration; moreover, it must be described as clearly as possible and individually define the subject.

For example, if the subject is a used car, then it is necessary to indicate the signs that allow one to identify the vehicle without a doubt. To do this, you can indicate the make, model, color, year of manufacture, VIN number of the car, body number and chassis number, if available.

In the case where the subject is a real estate object, the characteristics of the object will be the main parameters of the land plot, represented by the following categories: location (can be specified on the public cadastral map), number assigned by the registering authority or “cadastral number”, area, etc. The annex to such an agreement may include:

• Extract from the Unified State Register of Real Estate.
• Extract from the public cadastral map.
• A certificate confirming ownership of the property that became the subject of the contract.

The next important condition that must be reflected in the contract is the term. It is necessary to determine on what specific date or time period the parties will enter into the main agreement.

If the above is not reflected in the preliminary agreement, then according to the letter of the law, the obligation arises 1 year after the conclusion of the preliminary agreement.

It is not mandatory, but inherently very important, to mention the reasons for termination of the preliminary gift agreement. Unfortunately, there are various cases in which the parties may lose the desire to complete a transaction.

So, let's look at the example of real estate. One company agreed to donate a property complex, including buildings and structures, to the municipality.

A preliminary donation agreement was concluded for the period necessary to carry out the inventory and prepare documents.

However, during this period, the environmental management committee filed a claim against this organization to force a major overhaul of engineering systems, which requires significant costs.

At the court hearing, the company referred to the fact that in a month the administration of the city of Ensk would become the legal holder of this property complex. The court analyzed the preliminary donation agreement, which did not contain grounds for its termination, and decided to refuse to satisfy the committee’s demands.

The administration, having learned about the current situation, tried to refuse the property being accepted as a gift, but due to the lack of legal grounds for terminating the contract, it was forced to accept the property.

In addition, the contract must clearly and clearly define that the transfer of property will take place free of charge.

Structure of the preliminary donation agreement:

• Name.
• Date and place of his imprisonment.
• Data of the donor and recipient.
• Indication of the subject.
• Mention of gratuitousness.
• Duration of concluding the main contract.
• Cases in which the contract may be terminated.
• Details of the parties (full name, identification document details, signatures).

Download: Preliminary agreement for the donation of a share in an apartment (sample)

Nullity of the preliminary gift agreement

A void transaction is, by its nature, not entailing legal consequences, and does not require proof of its invalidity in court. In law enforcement practice, the most common grounds have emerged on which a preliminary agreement is considered void. These include:

• Vice of subjects - that is, confinement with an incapacitated or partially capable person.
• Vice of will – imprisonment under physical or mental influence on a person.
• Inconsistency with the form established by law.
• Lack of indication of the subject of the donation.

Features of concluding an agreement with a minor

When making transactions where one of the parties is a person under 18 years of age, it is necessary to pay attention to such a nuance as the approval of the parents, and if we are talking about real estate, then the consent of the guardianship and trusteeship authorities.

Since a child has limited legal capacity until adulthood or full emancipation, the legislation provides for a more complicated procedure for making transactions.

In the event that we are talking about real estate, due to its special significance and value, for minors the consent of the head of the guardianship and trusteeship authority is required, otherwise the agreement will be considered unconcluded.

Thus, the said agreement should not indicate the child himself, but his representative acting in his interests. It looks something like this: “Ivanov I.I. in the interests of Ivanov A.I.”

At the same time, it is worth paying attention to the fact that the guardianship and trusteeship authorities, as well as the prosecutor's office of the Russian Federation, if violations of the interests of a minor are identified, have the right to appeal this agreement on their own initiative in the interests of the child.

Taxation

When concluding this agreement, the question of taxation is not raised, due to the fact that it formalizes relations that are to occur in the future, therefore, all issues of tax payment must be resolved when concluding the main agreement.

In the event that a tax payment was made by mistake, the amount paid can be returned by submitting an application to the territorial tax office, which must make a transfer within 30 days to the account specified in the application.

Source: https://goloszakona.ru/predvaritelnyj-dogovor-dareniya/

Where can I make up, where to apply

The draft gift agreement can be found on the Internet or downloaded from our website. Of course, the standard template may differ slightly from the actual circumstances of the case. For example, the donor has the right to include in the contract a condition that the recipient receives a higher education or to bear the costs of completing the certificate. The document will have to be adjusted accordingly. If you have a legal education or experience working with documents, you can make changes to the agreement yourself.

You can also obtain a draft gift agreement from a notary. If necessary, he can make the necessary edits to the document. However, such actions are usually performed when concluding a gift agreement. If the parties do not intend to immediately certify the transaction, then this option will not suit them.

Additionally, participants in a future transaction can contact a practicing lawyer. Legal services are provided on a fee basis. However, the agreed draft agreement can subsequently be used by a notary.

Notarization of the donation agreement for a share of an apartment is carried out at the location of the property.

Sample preliminary agreement for donating a share in an apartment to a minor for guardianship

Basically, within the range of 1200 for the original document and 100 rubles for one copy, certification of the spouse’s consent by a notary. 800–1000 rubles, acceptance of property under a gift agreement for minors - 0.3% of the total amount of the agreement, but not less than 300 rubles. The price can be up to 10,000 rubles. Is it necessary to notarize a deed of gift for a minor citizen? The legislation allows making a gift of property without notarization.

1. A prerequisite for cancellation of the contract may be unlawful actions on the part of the person who accepted the gift in relation to the donor or his relatives.
2. Unfair attitude towards the object of the gift, which entails its damage or loss.
3. Recognition of a transaction as void if another motive for its execution is revealed.
4. The incapacity of the donor, recognized in court.

Documentation

The parties to the agreement must prepare:

• passports (of the donor and the child’s representative);
• birth certificate of the recipient;
• documents for property (extract from the Unified State Register, purchase and sale agreement);
• a certificate issued at the place of registration of the donor;
• evidence of absence of debts to utility companies;
• consent of the co-owners to the alienation of joint property.

If the child has reached the age of 14, then he signs the gift agreement independently. Therefore, the written consent of the legal representative will be required.

At the stage of concluding a donation agreement and notarizing it, you will additionally need a receipt for payment of the state duty.

Cost, expenses

When developing and agreeing on a draft gift agreement, the parties do not bear any costs. Maximum for copies of documents required by the notary.

When notarizing the transaction, 0.5% of the cost of part of the apartment is withheld. The minimum state duty is 300 rubles. The maximum tax amount should not exceed 20 thousand rubles.

Notary services are subject to separate payment. On average, citizens will have to pay 5 thousand rubles. Details can be obtained from the notary office.

Additional costs arise during state registration of property rights. Citizens pay 2 thousand rubles for entering data into the Unified State Register about the new owner of the apartment. If ownership is registered in relation to part of an apartment in an apartment building, then the tax rate is 200 rubles.

Income tax is withheld from citizens who are not relatives of the donor. The tax rate is 13%. It must be paid by April 30 of the following year. At the same time, taxpayers must submit a tax return to the Federal Tax Service. If the payer is not a resident of the Russian Federation, then the tax amount increases to 30%.

Donating a share of an apartment to a minor child: sample agreement

Re-registration of real estate for children can serve different purposes. The desire to ensure their future, to protect interests in a situation of parental divorce, or something else - the methods and rules of registration remain the same. Below you can find out more about donating a share of an apartment to a minor child.

What features does the law contain?

Children are not formally prohibited from being the owner of real estate. This applies to both the whole property and a part, for example, a share in an apartment. All responsibilities regarding the apartment until adulthood are performed by parents or guardians:

• pay for the maintenance of housing, common areas in apartment buildings and utilities;
• provide contributions for capital repairs of apartment buildings;
• maintain the apartment in proper condition (repair);
• pay off tax debts.

Therefore, in accordance with the current civil legislation, donating a share in an apartment to a son, daughter, grandchildren or other children with whom the donor is not even related is permitted.

However, when registering, it is necessary to take into account a number of procedural features:

1. On behalf of the owner, the contract is signed either by his parent (under 14 years old) or by the child himself (from 14 to 18 years old), but with the consent of the parent.
2. The gift agreement must be certified by a notary.
3. The transfer of rights must be registered in Rosreestr. Only after this the transaction can be considered completed.

IMPORTANT. In this case, the co-owners do not have a preemptive right. There is no need to collect written refusals from them or send notices.

It is not necessary to obtain the consent of the guardianship authority (guardianship authority) to donate a share in the apartment to a minor child.

Advantages and disadvantages

In terms of registration and the future fate of real estate, we can highlight the following advantages and disadvantages of an agreement to donate a share of an apartment to children.

The donation also has other legal consequences. They can be viewed from different perspectives. In one case this will be an advantage, and in another - a disadvantage. The list of nuances that must be taken into account when re-registering shares is as follows:

1. The share becomes the property of the child. This means that it is the child who is the owner of part of the property, and not his parents, although the latter temporarily act on his behalf. After reaching adulthood, the child will have the right to independently decide what to do with the housing - sell, donate, bequeath at his own discretion. In this case, the donor will not be able to impose his opinion.
2. It will be problematic to transfer the share as collateral (for example, against a loan) until the child reaches adulthood.
3. Donation does not replace the right to participate in the sale of maternity capital. In other words, if a child is given a share in an apartment, he will still participate in the distribution of living space purchased with maternity capital.
4. The terms of the donation cannot be specified in the contract. For example, that property passes to the grandson only if the grandmother receives the right to permanent residence in the apartment.
5. It is also prohibited to establish compensation for housing in any form - cash, goods or services. The contract will be cancelled.

IMPORTANT . A deed of gift is an unconditional contract. It should not contain any obligation to reimburse the cost of the share on the part of the donee. The recipient only agrees to accept the gift.

Do I need a notary?

This document must be certified by a notary. Donating a part (share) without a notary will result in refusal to register the transaction. Participants in an agreement to donate a share of an apartment to minor children must contact a notary office for certification. This cannot be avoided.

In the course of his work, the notary:

• independently draw up a legally competent text of the deed of gift (texts from participants are almost never accepted anywhere);
• will check whether the rights of third parties have been violated;
• will assess the legal purity of the share in terms of the presence of arrests and encumbrances;
• will check the sanity of the parties to the transaction;
• will formalize the consent of the donor’s spouse to alienate the share;
• will register the consent of the minor’s parents to receive a share.

Therefore, there is no requirement to sign any contract before visiting the notary. The draft agreement for donating a share of an apartment to a minor will be prepared by the office employee himself.

IMPORTANT. Certification of the contract by a notary does not replace the state registration of rights in Rosreestr. Both procedures are necessary.

What documents will you need?

Before donating a share in an apartment to a child, the parties to the transaction will need to collect the following package of documents:

Agreement for donating a share of an apartment to children

This document is drawn up by a notary on the basis of documents and information provided by the parties to the transaction. As a rule, notaries do not accept texts compiled by the parties to the transaction independently for notarization. However, the donor and parents of the donee need to familiarize themselves with the mandatory conditions that must be contained in the deed of gift in order to control the work of the notary.

Sample and blank form 2020

• An agreement for donating a share in an apartment to a child can be found here.
• You can download a blank form for an agreement to donate a share in an apartment to a child here.
• In some cases, it is necessary to agree on a gift for the future - a contract of promise of donation after some time. Download a sample preliminary agreement for donating a share of an apartment to a minor here.

At the same time, the fact of donation cannot be made dependent on the actions of the minor aimed at enriching the donor.

In addition, donation in the event of the death of the donor is prohibited - for this purpose the law provides for a will.

How to compose correctly

The finished text of the contract must contain:

1. Full names of the parties and the parent of the minor.
2. The legal essence of the agreement: “The donor gave a gift free of charge, and the donee accepted the following property.”
3. Indication of the share size.
4. Description of the apartment with address, area, cadastral number and other characteristics.
5. Signatures of the parties.

Other conditions are included in the contract at the request of the parties. Most often, these are guarantees from the donor about the absence of persons registered in the apartment, the absence of debt on utility and tax payments.

Rules for signing the agreement:

1. The adult donor signs independently.
2. A child from 14 to 18 years old signs himself. The legal representative (parent) signs below his signature, confirming his consent to the transaction.
3. For a minor under 14 years of age, his legal representative signs.

The text should not contain conditions regarding the child’s payment of any amounts, goods or services towards the real estate.

Donation procedure: step-by-step instructions

To give your share in an apartment to your daughter, son, grandson or other child, you must do the following:

1. Collect documents from the list. If necessary, order a fresh extract from the Register and check the absence of encumbrances.
2. Pre-visit a notary for consultation and transfer of documents. The text of the deed of gift is prepared within one working week, depending on the workload of the office.
3. Appear at the time appointed by the notary to sign the agreement. The following must be present in person: the donor, the recipient (if he is over 14 years old), the parent or guardian of the child.
4. If the donor is married, a spouse must also be invited to the transaction. The notary will issue consent to the alienation of the share.
5. During the reception, check the text of the contract for typos. Next, the parties sign the documents.
6. The completed agreement and consent should be attached to the rest of the documents. Now it is necessary to carry out state registration of the transaction.
7. Documents for state registration are accepted by the nearest MFC. It's better to make an appointment in advance.
8. During the appointment, the specialist will fill out an application for registration, which must be signed. Together with the documents, the application is sent to Rosreestr. A receipt is issued regarding receipt of papers.
9. After registration, the donee (his parent) receives an extract from the Unified State Register and a copy of the agreement with a note.

Registration of ownership

Property transactions are subject to state registration. Rosreestr handles the re-registration and initial registration of property rights. Papers are submitted to any territorial office or MFC. Data is entered into the state register of rights at the request of the copyright holder. Sample documents are posted on the Rosreestr website. Additionally you will need to prepare:

• gift agreement;
• documents for the premises;
• identification card of the child's representative;
• beneficiary's birth certificate;
• confirmation of tax payment.

An application to Rosreestr is submitted by a representative of the recipient entity. After 14 years of age, children submit documents independently. However, the written consent of the legal representative will be required.

The procedure for registering property rights takes from 5 to 12 days . Usually an extract from the Unified State Register is issued within a week. After receiving it, the minor child becomes the owner of the premises.

Agreement for donating an apartment to a minor child

5) Full name of the children on whose behalf the full name of the mother acts, the specified share in the property right is accepted as a gift from the full name. 6) The full name of the donor guarantees that he does not enter into this agreement due to a combination of difficult circumstances on extremely unfavorable conditions for himself and this agreement is not an enslaving deal for her.

After the process of formalizing the transaction and transfer of ownership rights is completed, the child becomes the owner of the property (or part of it). However, it is important to note that this right is first exercised by its representative until the owner reaches the age of majority.

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