Essential terms of the apartment donation agreement

The subject of our conversation can be safely placed in a beautiful gift wrapping and decorated with a bright colored bow on top. The fact is that today we will talk about gifts, but not from the usual philistine point of view, but from a legal point of view. Every citizen of Russia has the legal right to receive and give gifts. To formalize the donation of any gift, a gift agreement must be concluded. Russian legislation regulates a number of conditions, without which a deed of gift cannot have legal force. In addition, the donor and the donee, at their own discretion, can provide for any other conditions of the gift agreement. We suggest defining the concept of “essential terms of the gift agreement” and understanding all its intricacies.

Donation agreement and its conditions

Article No. 572 of the Civil Code of the Russian Federation states that a gift agreement is a transaction implying a voluntary act of transferring property rights and things to another citizen. In this case, the donor has the opportunity to release the recipient from any property obligations.

Article No. 574 of the Civil Code of the Russian Federation states that a gift can be made in any form: both written and oral. You need to contact a notary to certify the fact of the donation.

Important! If the deed of gift is drawn up illiterately, bypassing the violation of articles No. 572 and 574 , then it is declared invalid. A deed of gift cannot be concluded orally if the donor is a person with legal status, and the price of the gift is more than three thousand rubles .

All conditions of the gift agreement can be divided into three categories:

1. Conditions of a significant nature.
2. Additional conditions.
3. Random conditions.

Note! Conditions of an additional and essential nature are mandatory. The conditions included in them, even if they are not specified in the agreement, must be fulfilled by default. For example, when the time frame of the agreement is not specified, it is generally accepted that the donation occurs at the moment as soon as the deed of gift is signed.

The transfer of a gift can be carried out in any of three ways:

1. Directly present the gift item.
2. With the help of title papers.
3. By symbolic transfer (keys to a car, apartment, etc.).

How to draw up a gift agreement?

The gift agreement is drawn up according to certain rules that are directly enshrined or indirectly implied in the law:

• the deed of gift must be drawn up in writing and the subject of the gift must be indicated in its text, as well as its main characteristics;
• the essence and content of the gift agreement cannot contradict the law;
• conditions that oblige the donee to take any reciprocal actions in response to receiving the gift are not allowed in the deed of gift;
• a gift agreement may contain a promise to transfer a gift in the future, however, it is necessary to indicate the date when the gift will actually transfer to the donee;
• the gift agreement may contain additional conditions that do not contradict the law.

When drawing up a gift agreement, the final stage is its signing. However, sometimes state registration of the right is required, without which the gift agreement will be declared invalid.

"Anatomy" of a deed of gift

As we have already found out, a gift agreement is concluded with the desire to donate either things or rights to property in favor of a relative or any other person. After the transaction is completed, other heirs will no longer be able to claim the inheritance.

A gift agreement is always unilateral: the person receiving the gift does not bear any obligations to the donor. A donation document can be of two types: consensual and real .

Helpful information! Consensual donation can have both a suspensive and an excipient nature. For example, when the deed of gift states that the donor has the right to cancel the transaction if he survives the citizen he is donating. Simply put, when the person receiving the gift dies before the donor, the deed of gift loses its force.

In addition, a gift agreement may be conditional, which means it implies a donation of the donor’s property only if the gift will be used for the benefit of society.

Cancellation of a gift to two recipients

A donation can be canceled either by the donor on the grounds provided for in paragraphs 1, 2 and 4 of Article 578 of the Civil Code, or by an interested person - paragraph 3 of the same article. The list of such grounds is absolutely exhaustive. Let's consider each case separately:

1. If the donee made an attempt on the life of the donor , one of his family members or close relatives, deliberately inflicted bodily harm on him, thereby causing harm to his health.

Such facts must be confirmed in the form of a certificate of bodily injury, testimony of witnesses or statements to law enforcement agencies.

In the event of the death of the donor, his heirs have the right to cancel the donation in court.

1. If the donee treats the donated property inappropriately and such an attitude poses a threat to its destruction, damage and thereby can lead to its irretrievable loss.

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In this case, the donor will need to prove that the property donated by him constitutes enormous non-property value for him and the fact that he warned the recipient about this.

1. If the death of the donee occurs during the life of the donor .

Such a condition must be specified in the content of the donation agreement, otherwise it will be impossible to cancel the donation.

1. If the donor is a legal entity or a private entrepreneur and the donation was made at the expense of his commercial activities, in violation of the Federal Law “On Insolvency (Bankruptcy)” and six months before he was declared insolvent (bankrupt).

Important

When concluding one gift agreement for two recipients, if one of the listed situations occurs, the agreement is subject to cancellation in full.

If the grounds described in paragraphs 1, 2 and 4 of Article 578 of the Civil Code concern one of the donees, then depending on how the ownership of the donated property is formalized, the consequences of canceling the donation :

• if the property is transferred into common ownership by two donees, then the donation is canceled and the property remains in the common ownership of the donor and the donee who was not affected by the cancellation;
• if a specific share of the property is given as a gift to each of the donees and a certificate of ownership of the share in the property is issued, then after the cancellation of the donation, the property of the donee who was affected by the cancellation passes to the donor, and the property of the other donee remains with him.

Therefore, if the donor has any doubts about the donees, it is best to conclude a separate agreement for each donee.

Deed of gift and its essential conditions

By law, a gift document must contain certain requirements. If these requirements are violated, then the donation can be challenged and canceled. This nature of the requirements (conditions) is called essential ( Clause 1, Article No. 432 of the Civil Code of the Russian Federation ).

It is the essential conditions that are fundamental when a donation of land or residential premises (apartment) is made.

Article No. 132 of the Civil Code of the Russian Federation states that the main requirement when concluding a deed of gift is represented by its content, consisting of the following data:

• information regarding all property being donated,
• official confirmation of the rights of the donor - owner to his property,
• a guarantee of release from all property-related obligations.

As a rule, the subject of a donation is: movable/immovable property and claims of property rights.

Property rights also include the right to receive royalties from the publishing house that published the fruit of the intellectual labor of the author-owner.

Important condition! The subject of the donation must be as specific as possible. For example, when the owner wishes to donate property, but does not indicate which property, then the deed of gift is considered void. The lack of specifics is a strong argument for canceling the donation. But, in all situations, much depends on the specific circumstances.

To give a gift of an item that is limited in circulation, you should know a number of nuances. For example, the law allows the gift of weapons (shotguns, pistols) only to those persons who have permits to use such a gift.

If a donation of movable/immovable property is made, it is always assumed that it will be used by an indefinite number of people. But, if this aspect is not mentioned in the deed of gift, then the donation will be considered an ordinary gift to only one person, nothing more.

A gift agreement may contain information regarding the procedure for transferring real estate and its limited application (use).

The essential conditions of a gift are also those requirements, according to the content of which, upon application from the donor (or recipient), specific agreements must be reached.

We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists by phone numbers listed at the top of the page, or through the online form .

How to stipulate essential and suspensive conditions in a share donation agreement

A gift agreement is a form of agreement in which a tangible or intangible object is transferred from its owner to another person free of charge.
The relationship between the donor and the donee is regulated by the Civil Code of the Russian Federation.

The agreement specifies the terms of the contract, some of them are mandatory, without them the agreement is invalid, and some are specified at the request of the property owner.

Essential terms in a real estate gift agreement

The object of donation is material or intangible objects:

• property - movable and immovable, items of clothing, household items, jewelry, etc.;
• rights – the right to manage an organization;
• release from obligations - release from the need to pay a debt.

A distinctive feature of the deed of gift is its gratuitousness. The donor transfers the object without demanding any material compensation for it. There are cases when two mutual agreements are concluded - one person gives another thing and vice versa, but such an agreement is not in fact a gift, it is considered an exchange or purchase and sale.

Regulatory acts say that a written form for a deed of gift is not required. Agreement between the parties can be reached orally. However, there are exceptions. A written agreement is required in the following cases:

• promises of future giving;
• transfer of property valued over 3,000 rubles as a gift from a legal entity.

A deed of gift relating to real estate can only be drawn up in writing and certified by a notary. This is explained by the fact that the transfer of ownership rights from one owner to another must be recorded in Rosreestr.

The contract must specify its terms. The Civil Code of the Russian Federation, namely Article 432, identifies essential conditions (their presence in the document is mandatory) and additional ones. The essential terms of the agreement include complete information about the donated object. In the case of real estate this is:

• Name;
• location address;
• registration certificate;
• cadastral number;
• technical characteristics - number of rooms, area, etc.

the agreement can be found below:

If the object of the gift is real estate, then the following requirements come into force:

• the property must be privatized or registered in another way;
• in case of donation of a share, the consent of all co-owners is not required;
• in case of joint ownership, the consent of the remaining co-owners is mandatory;
• If there is a building on the land plot, then donating a separate plot or a separate house is prohibited.

In any case, when concluding a gratuitous transaction, it is important to stipulate its essential terms. The agreement specifies the timing of the entry into force of property rights, the fact of consent to the donation of co-owners, characteristics of the property, etc.

Suspensive

In addition to the essential conditions, the gift agreement specifies additional conditions. They are optional, they don’t have to be entered, but they are needed to clarify the relationship between the donor and the recipient. If these clauses are included in the contract, then their implementation is mandatory. Additional conditions include:

• the period when the contract comes into force;
• conditions for the transfer of rights - in the case of a promise of donation;
• rights of third parties.

The legislation provides for the possibility for the donor to set conditions for the donee under which the gift will be transferred to him. If the transfer of a gift requires that some condition be fulfilled, then it is called suspensive. For a suspensive condition, it is important that it be feasible and not inevitable.

For example, a father drew up a deed of gift for an apartment for his daughter if she graduated from the university with honors. This condition can be called suspensive, since there is a possibility of receiving a diploma with honors, but there are risks that the daughter will not receive it.

If the father had indicated in the contract that the girl would receive real estate as a gift upon reaching the age of majority, then such a clause would not be considered suspensive, but would merely regulate the timing of entry into property rights, since turning 18 is an inevitable event.

Other examples of suspensive conditions could be: the birth of a child, a wedding, achieving career heights, etc. You cannot specify conditions that cannot be met under any circumstances. It is also impossible for these demands to be illegal, immoral and illegal.

Cancellative

Unlike suspensive conditions, according to which some event must occur, after which the object will be transferred to the new owner, annulling conditions indicate that if some event occurs, the gift agreement loses its force. The fulfillment of the cancellation condition is possible before the new owner assumes his rights; they are prescribed in the agreement on the promise of donation.

For example, a mother drew up a donation agreement for a car for her son with the condition that the agreement would become invalid if he graduated from the university with one or more C grades. Thus, if a young man has a C in his diploma, he loses the opportunity to receive a gift. If he has B's and A's in his diploma, he will get a car.

Cancellation requirements must not repeat the conditions for cancellation of the deed of gift implied by law. They are specified in Article 578 of the Civil Code of the Russian Federation. Cancellation of a donation occurs if:

• the donor forced the donor to sign the agreement by threats or blackmail;
• the donee caused serious harm to health or attempted murder of the donor, his relatives or close people;
• due to the fault of the donee, the donor died (in this case, the gift is transferred to the heirs of the deceased).

If a contract of promise of donation has been drawn up, the donor has the right to refuse it for the same reasons that could lead to the cancellation of the donation. In addition, if the gift of an object will lead to a deterioration in the welfare or health of its owner, then he, too, can terminate the agreement on the promise of gift.

Whatever object is the subject of the contract, it is important that the fundamental requirements are met - voluntariness, legality and respect for the rights of third parties. If the agreement is contrary to the law or violates the rights of other people, then it will be considered invalid or void.

Source: https://SemPravorf.ru/imushhestvo/sushchestvennye-usloviya-dogovora-dareniya.html

We donate real estate under a contract, taking into account essential conditions

The process of donating an apartment, house, or land involves essential conditions that are predetermined by current legislation. These conditions include the following:

• the gift transaction is always gratuitous in nature,
• the apartment must be owned,
• there must be consent from the person receiving the gift to the transaction. In other words, the recipient must confirm his desire to receive residential premises or land as a gift,
• it is necessary to formalize the transfer of ownership rights to real estate from the donor to the recipient,
• the deed of gift should not contain a promise to transfer rights to the property of the residential premises only after the death of the donor. Otherwise, the deed of gift will be considered void,
• It is required to attach written consent from all owners of residential premises, which must be notarized. This procedure will be necessary only in the case when shares in the apartment are transferred as a gift, and the housing belongs not only to the donor, but also to other people,
• It is impossible to draw up a deed of gift for real estate, but separately from the land on which the real estate is built. Just as it is impossible to draw up a deed of gift for a land plot without taking into account the building on it.

You should know! When real estate objects belong to the donor on the basis of shared ownership, then according to the law, this real estate can be donated without obtaining consent from other co-owners. In the case of minors and incompetent persons: they do not have the right to carry out legal transactions on real estate independently, without trusted persons (guardians).

Real estate donation agreement

The gratuitous transfer of property is formalized by a deed of gift. The document must indicate:

• subject of the transaction;
• the essence of the agreement;
• rights and obligations of the donor and the donee.

The item being donated requires special attention. It can be any thing, movable and immovable property, securities, as well as money. The subject of the transaction must be described in detail to ensure its identification. For example, if a land plot is donated, you will need to register its cadastral number, location address, area, data on the presence or absence of buildings and other unique information.

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Giving items that are limited in circulation has its own characteristics. For example, a weapon can only be given to a person who has the appropriate permission to use it.

The text of the deed of gift must indicate that the donor transfers the subject of the transaction free of charge, and the donee accepts the gift. This is precisely the essence of the transaction, which is sealed with the personal signatures of the parties.

A real estate donation agreement is always concluded in writing and is subject to mandatory state registration. This is enshrined in Art. 574 Civil Code of the Russian Federation.

It is worth considering the following provisions when drawing up a gift agreement:

1. When registering a deed of gift for part of the property, for example, a house or apartment, it is necessary that all family members living in the given territory give their consent.
2. When registering a deed of gift for minors, it is necessary to obtain the consent of a parent or guardian to the transaction.
3. In order for a parent to register a deed of gift for a child, the consent of the second parent to conduct the transaction is not required.

The agreement has the right to come into force in 2 cases:

• From the moment of registration.
• At a certain point in time, while a specific date must be fixed and agreed upon in the contract.

Deferment conditions are permissible in certain cases:

• Age of majority.
• Purchasing other residential space.
• Change of residence.
• Obtaining a diploma of higher professional education.
• Legalized relationships.

If there is a required replacement, the contract acquires a compensation basis and is drawn up in the form of a certificate of sale of the vehicle. This is due to the fact that the process of donation cannot contain a material basis.

The following is a list of essential provisions:

• A simple written form of agreement.
• Notarization.
• State registration of the document.

The document is invalid if the apartment or its share is transferred into ownership after the death of the owner of the property. This has to do with the rights of heirs.

Registration of a donation document takes a certain amount of time:

• Collection of the necessary package of documents.
• Drawing up an application in writing.
• Fill out an application at a notary office within 8 days.
• Registration of documentation with government agencies within 10 days.

Each agreement has advantages and disadvantages. A deed of gift for close relatives is better, especially if the subject of the gift is an apartment that has been owned for less than 3 years. In this case, tax is not paid on gifts, but on purchases and sales, vice versa.

• term: if, when transferring a thing or property right, no term is specified, the contract is real, that is, valid from the moment of transfer of the gift;
• transfer of ownership to the heirs of the donee: the right to a gift cannot be received by the heirs of the donee, unless otherwise stated in the document (clause 1 of Article 581 of the Civil Code of the Russian Federation);
• all responsibilities of the donor who promised to donate the thing pass to the heirs (clause 2 of Article 581 of the Civil Code of the Russian Federation).

• Duration of the contract. If it is not specified, the gift agreement is considered real, that is, the transfer of the gift must occur immediately after its signing. You can specify a specific date for donating the property or a period within which the gift must be transferred.
• Transfer to the heirs of the donee of the rights to receive the gift promised to the latter. If the document does not give them such an opportunity, by default they cannot claim a gift (clause 1 of Article 581 of the Civil Code of the Russian Federation).
• The transfer of the obligation to make a donation to the donor's heirs. If the document does not contain relevant instructions, the responsibility does not pass to them (clause 2 of Article 581 of the Civil Code of the Russian Federation).

Civil legislation provides for a number of conditions without which the deed of gift will not have legal force. In addition, the parties to the transaction may provide for other clauses of the agreement at their discretion. Read what essential terms of the gift agreement must be specified when drawing it up, as well as other features of the transaction.

The legislation considers a gift as a gratuitous transaction, therefore, the inclusion of any conditions in the contract must be carried out in accordance with the requirements of the law and regulations for this type of transaction. Any conditions of the donation can be regarded as counterclaims, especially those that make the emergence of rights to the donated object dependent on any circumstances or situations. The consequence may be the further recognition of such a transaction as invalid or void.

• Drawing up a contract will not take much time and effort.
• Notarization is not a requirement.
• Additional costs excluded.
• Standard documentation, which includes a deed of gift, certificate of ownership, vehicle passport.
• Registration takes place within 11 days from the date of submission of documents.
• The state fee is 1000 rubles.
• A deed of gift can serve as a transaction on a reimbursable basis.
• The certificate comes into force after signing the document, after which the ownership of the item of gift passes to the recipient. This fact reduces the risk of loss of property after the death of the donor.
• If necessary, the gift agreement can be canceled.

• if the document does not stipulate the condition under which, after the death of the donee, his heirs have the right to receive this gift, then by virtue of paragraph 1 of Article 581 of the Civil Code of the Russian Federation, they lose this opportunity;
• if the document does not stipulate a condition according to which, after the death of the donor, his obligation to transfer the donated object falls on his heirs, then, based on paragraph 2 of Article 581 of the Civil Code of the Russian Federation, this condition will not apply to them;
• if the document does not contain a date of transfer or a period during which the donor undertakes to transfer the subject of the agreement to the donee, then it is considered real and is subject to execution immediately after it is signed by the two parties.

We invite you to read: Where does the privatization agreement remain when registering an apartment?

Essential terms of the contract (paragraph 2, paragraph 1, Article 432 of the Civil Code of the Russian Federation) are the conditions regarding the subject of the contract, which are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, upon application an agreement must be reached by one of the parties.

• Legal representatives and guardians of minors or incapacitated citizens do not have the right to donate property belonging to them on their behalf;
• Employees of medical, educational, social and other institutions of a similar nature do not have the right to accept gifts of property from citizens using their services;
• Municipal and state employees, persons replacing them, as well as employees of the Bank of Russia, in accordance with their official position, cannot receive property on the basis of a gift agreement in connection with the performance of their official duties.

The legal concept of donation is given in Article 572 of the Civil Code (Civil Code of the Russian Federation, code). First of all, it, like any agreement, is a mutual and voluntary agreement of two (several) persons. The essence of this agreement is the gratuitous (free) transfer to another person (persons) in the present or future of any property or rights to it.

Legally, the subject of donation is broader than what is commonly understood in everyday life. Indeed, under such a transaction it is possible not only to present any thing, but also to transfer any right or free the donee from his existing property obligation.

At the same time, he can refuse the transaction at any time before the actual transfer of property or its symbolic delivery (for example, the transfer of car keys). In its structure, this agreement differs little from the others. It usually indicates its name, date of signing, place of execution, parties, their obligations and rights, and other conditions that were agreed upon by the parties.

How detailed certain provisions are to be specified depends on the wishes of the parties to the transaction. The main thing is not to forget to indicate the essential (mandatory) conditions for this type of contract. Otherwise, the contract will not be recognized as concluded, and therefore will not entail changes in the rights of its parties. We will consider further what conditions are considered essential and what other provisions the contract may include.

Any contract is a document containing the agreements of the parties on the nuances of the transaction being concluded. Typically, contracts contain a standard set of provisions (date, time, parties, subject matter, rights, terms, dispute resolution).

However, their content may vary depending on the type of transaction, as well as the wishes of the parties. Some provisions do not play a significant role, so their inclusion in the text of the document can be dispensed with. Others must be present in the contract. Based on this, it is customary to distinguish the following types of conditions:

• essential terms of the gift agreement (mandatory);
• additional or regular;
• random.

The first group includes provisions without which drawing up a contract is impossible. In their absence, the document signed and agreed upon by the parties will not be recognized as valid.

The second includes provisions that do not need to be written down in the document. In their absence, the provisions of the code and other applicable laws will apply.

Incidental provisions include provisions that are not mandatory or usual. They are included in the contract at the request of the parties, most often by changing or supplementing the norms contained in the law.

An essential condition of gift agreements of all types is the subject. It allows you to separate this transaction from other types. When donating, things, property rights, or release from any obligations are transferred to another person without charging a fee.

What terms of the gift agreement should be included in the gift agreement in 2020?

A gift agreement, according to Article 572 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), is a transaction in which there is a gratuitous transfer of rights or things to another person .

The donor has the right to release the person receiving the gift (the donee) from property obligations. Based on Art. 574 of the Civil Code of the Russian Federation, the contract is concluded orally or in simple written form.

It is permissible for the parties to contact a notary to certify the document.

Important

If the contract is drawn up in violation of the rules of Art. 572 or 574 of the Civil Code of the Russian Federation, it is considered invalid. In particular, it cannot be made orally if the donor is an organization and the value of the gift exceeds three thousand rubles . The written form is also used when promising a gift.

The conditions specified in the document are divided into three groups:

• random;
• additional;
• significant.

The last two are mandatory , and the conditions included in them are fulfilled, even if they were not included in the contract. For example, if the contract period is not specified, the default is that the donation should occur immediately after signing the document.

Is it possible to specify the conditions in the gift agreement?

• What can you give under a gift agreement?
• The procedure for drawing up a gift agreement and a sample gift agreement

You can specify the conditions in the gift agreement (hereinafter referred to as the DD), but not all of them and not always. If the terms mean the transfer of a gift only after the death of the donor, this is prohibited by the provisions of Art. 572 of the Civil Code of the Russian Federation: instead of a deed of gift, you need to make a will. In addition, the owner does not have the right to demand money or services from the donee as a counter-obligation: donation is an exclusively gratuitous transaction.

In this case, conditions mean clauses of the contract that affect the specifics of the transaction. They can be essential or additional. Let's look at everything in detail.

Essential terms of the gift agreement

According to Art. 432 of the Civil Code of the Russian Federation, the mandatory (essential) conditions of the DD mean the indication of information about the subject of the transaction - a gift. If real estate is being donated (apartment, share in ownership, residential building, commercial building), you must indicate:

• location address;
• square;
• cadastral number;
• date of origin of the donor's property rights, grounds;
• number of rooms;
• number of storeys;
• date of commissioning of the facility.

If a vehicle is given as a gift, the make, model, license plate number, production date, body number, and color must be indicated. When donating money, the amount and currency are enough.

Important! Essential conditions are agreed upon by the parties before signing the deed of gift. If the recipient does not agree with them, he has the right to refuse the transaction before receiving the gift.

In what cases is the transfer of an apartment prohibited?

An apartment cannot be donated if it is secured , but it is possible to donate housing purchased with a mortgage, regular payments for which are effective.

In this case, together with the real estate, the donee must accept the terms of payment of the mortgage or the payment must be stated in a separate paragraph and contain information about the conditions for fulfilling the terms of lending by one of the parties to the agreement.

In this case, the gift agreement is drawn up only with the participation of a notary and a representative of the creditor company must be present at the transaction.

According to Art. 575 of the Civil Code of the Russian Federation, a gift agreement cannot be executed by persons who have not reached the age of majority or by citizens declared incompetent.

Attention!!! The property of minors cannot be donated even by trustees, parents or representatives of guardianship services - this is prohibited by law.

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What can you give under a gift agreement?

According to the DD, any gift belonging to the donor is given: a house, apartment, land, share in the authorized capital, money, shares and other property. But everywhere there are features regarding the terms of the transaction depending on what is being given:

1. Real estate. If it was purchased during marriage and is jointly owned by the spouses, the alienation will require the notarized consent of the donor’s spouse (Article 35 of the RF IC);
2. Share in LLC. The legislation does not oblige the consent of the remaining owners to alienate a share in the authorized capital, but if this is provided for in the Charter, they will have to obtain it;
3. Vehicle. According to the law, it is not necessary to draw up a written DD, but in this case it will be required: traffic police officers will ask the recipient to submit it when registering the car.

There is also a condition regarding the gift of real estate between spouses. If it was purchased before the marriage was registered or a marriage contract was concluded between the parties, according to which the donated property belongs exclusively to the donor, there will be no problems.

The situation looks different when one spouse wants to give the other a shared apartment. According to the law, it is in joint ownership without allocation of shares, formally it is 50/50 for everyone. You will have to allocate shares, and only after that enter into a DD.

What information is included in the document?

The deed of gift for an apartment must include the following information :

• place and time of the transaction;
• passport data of representatives of both parties, as well as SNILS;
• the place where the apartment is located and its technical data;
• information that the donor has the right to dispose of this property;
• consent of the recipient or his representatives to receive an apartment as a gift;
• additional terms of the contract that should not represent a material benefit for the donor;
• signatures of all participants in the agreement.

Procedure for drawing up a donation agreement

The donation is made orally if movable property is donated. The transaction is considered completed at the moment of transfer of the gift, keys or title documents to it.

If desired, the parties can draw up a written DD by following several steps:

1. Negotiating the terms of the deal. It is important that they suit both parties.
2. Signing the deed of gift. If a notarial form is not required, it is enough to draw up an agreement and sign it for two parties - the donor and the donee.

Further actions depend on the subject of the donation. If real estate is received as a gift, the parties must submit documents to register the transfer of ownership to Rosreestr. When donating a vehicle, the recipient must contact the traffic police to register it within 10 days after the transaction is concluded.

and sample gift agreement

In terms of content, the DD must include basic and additional conditions (if any), and all information about the transaction:

• Full name, passport details of the parties;
• date of conclusion;
• start date of execution (transfer of ownership);
• information about the item - gift;
• terms of change or termination;
• rights and obligations of the parties.

At the end, the participants in the transaction sign. As a result, everyone should have one copy left. If the DD needs to be submitted to Rosreestr or the State Traffic Safety Inspectorate, you will need a copy for the department.

Sample real estate donation agreement:

Documentation

Parties are required to provide passports. When donating community property, the consent of the donor's spouse will be required. If a minor is involved in the transaction, it is made with the consent of the parents.

You will also need a document confirming the basis of the donor's ownership rights: a purchase and sale agreement, a gift, an exchange, a certificate of inheritance.

If real estate is donated, the donor provides an extract from the Unified State Register of Real Estate, and sometimes a cadastral passport and technical documents. When donating a car, you will need STS and PTS.

List of required papers

What is needed to draw up a deed of gift for an apartment? For a transaction to be legally correct, it must include data from certain documents, including:

1. passports of representatives of both parties to the agreement;
2. birth certificate, a document confirming the right to represent interests and a document certifying the identity of the legal representative (for cases when the recipient is a child);
3. a power of attorney certified by a notary and data of the trustee (for cases when the agreement for the transfer of an apartment is carried out by an outsider);
4. documents on ownership of the apartment;
5. a document confirming the registration of real estate (maybe a certificate from the Unified State Register of Real Estate);
6. technical documentation for housing, which contains information about the location of the apartment, its square footage, number of rooms, etc.;
7. permission certified by a notary office from one of the spouses, if the other spouse gives away an apartment that is considered jointly owned;
8. documentary evidence that the apartment is not under collateral and has no debt on utility bills;
9. an extract from the house register about the persons registered in the apartment (after the new owner takes over, he has the right to write out the data of the citizens, since, despite registration, they do not have the right to housing).

Challenging a gift agreement

The absence of essential conditions in the DD is grounds for challenging the transaction, because the document violates the requirements of the law (Article 168 of the Civil Code of the Russian Federation). There are other grounds on which a court can declare an agreement invalid (Article 578 of the Civil Code of the Russian Federation):

• death of the donee before the donor (if cancellation is provided for);
• harm to health, death of the donor through the fault of the donee;
• an imaginary transaction concluded to cover up another transaction: sale, barter;
• sham transaction - signing a contract without the purpose of creating further legal consequences (transfer of a gift).

The right of cancellation is granted to third parties - creditors, if the donor participated in the bankruptcy procedure and the gift was purchased with money from business activities. The DD is canceled within six months after the court decision declaring a citizen insolvent enters into legal force.