Deed of gift for an apartment: how to draw it up in Russia - the basic rules and procedure for drawing up a deed of gift, what documents are needed and what the cost of the state duty is {q}

However, this amount may vary slightly in different regions. Important: after registration and receipt of papers that confirm ownership, the recipient, represented by a close relative, becomes the legal new owner of the apartment. At the same time, no tax deduction is made from it. At the same time, when re-registering housing in the name of a distant relative, the recipient is obliged to pay a single tax amounting to 13% of the total price of housing, which is confirmed by a document from the BTI. To do this, you need to fill out and bring a certificate in form 3NDFL to the Federal Tax Service as quickly as possible.

Video recommendations from a lawyer on drawing up a deed of gift: If after reading the article you still have questions, we recommend that you watch this informational video. With UV.

How to donate a share in an apartment if the donor lives in another region?

Can I issue a deed of gift for a house that is located in another region ? Civil law Monchegorsk Complain to moderator Answers from lawyers Vladimir Ivanovich (23.08.2014 at 22:26:32) Good afternoon! You can draw up the gift agreement B itself in simple written form, but in accordance with the law, the real estate gift agreement is subject to state registration in Rosreestr at the location of the real estate.

But you can entrust a representative with a power of attorney to handle the registration in Rosreestr. Zubkov Sergey Vasilievich (23.08.2014 at 22:52:26) Dear Anonymous. Sure you can. If the house is your property and the right is registered, then its location does not matter.

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For every firefighter, draw up a will along with a power of attorney. At the same time, you forget the expression “deed of gift for an apartment” because there is no such concept, there is a “donation agreement”, and you forget the word “agreement” too, replacing it with the word “agreements”. And everything will be fine. The best option. I would even give $1000 for this. _________________ Take people’s word, certified by signature and seal! Registered: 04/12/2009 Messages: 5 Posted: 17:23, Fri Apr 24, 2009 Message title: I don’t save money, but I like to do everything myself.

All about how to draw up a deed of gift for an apartment between close relatives

If you purchased the property before you entered into an official marriage, you will need to submit a corresponding application certified by a notary.
If the property being donated contains persons under the age of majority, then consent must be obtained from the guardianship authorities.
A guardian's agreement is required if the transaction involves a person under 18 years of age or an incapacitated citizen.
If the transaction is executed by third parties, then you must provide a notarized power of attorney.

consent of the spouse to draw up a contract for the donation of property acquired in a joint marriage. Today, the amount of the fee for registration of a transaction for donating property is 2000 rubles. In order to pay the state fee, you must obtain payment details from Rosreestr.

How to properly draw up a deed of gift for an apartment?

Good afternoon, ladies and gentlemen! I apologize in advance for the question that has been discussed. I couldn't find what I was interested in through searching.

The situation is as follows. The aunt bequeaths to her nephew (who looks after her, helps her, visits her) a one-room non-privatized apartment. There is only one registered in it. But, she lives in an apartment with her ex-husband.

Have no children. There are no parents. Brothers, sisters, nephews - available. Now, there is a desire to draw up a deed of gift for the nephew, so that in the future there will be no other applicant-heirs for housing.

Question: 1. The apartment is not privatized. How will the registration of donation of a non-privatized apartment take place? Together with the registration of the Donor's property rights? If you don’t mind, we need a list of documents that need to be submitted to the Fed.

Donating an apartment to a relative: documents, donation of a share, tax, agreement

It turns out the cadastral value of the share: 1/3 * 4.1 million = 1.36 million rubles. The percentage for certification depends on the size of the cadastral value of the apartment share (transaction amount) and whether it is given to a close relative. Tariffs are taken from clause 1 of Art.

22. 1 Basics about notaries.

The share of the apartment is given to a close relative(s), that is, spouse, parent, son/daughter, grandson/granddaughter. — If the cadastral value of the share is up to 10 million rubles. , then certification of the contract costs 3000 rubles. + (0.2% * cadastral value of the share).
— The cadastral value of the share is more than 10 million rubles. , then 23,000 rub. + (0.1% * (cadastral value of the share - 10 million)). But the final cost of the certificate should not exceed 50 thousand. provide examples Example No. 1: Alexander has an apartment in Moscow, he is the sole owner. He decided to give half of the apartment to his son, i.e. 1/2. Although not necessary, they decided to contact a notary, i.e.

It is after this period of time that the person accepting the gift of real estate will receive a certificate of title to the donated property. Is it possible to draw up an agreement without the participation of a notary? Yes, of course, you can draw up this kind of agreement without the help of a notary.

The law does not require such transactions to be notarized. But if there are concerns that in the future a situation may arise with a challenge to the gift transaction, then the best option would be to notarize these documents. But certification of the transaction by a notary will entail additional costs.

All the features and nuances of registering an apartment donation agreement

Registration of a deed of gift is a rather complex procedure, which is clearly regulated by law and has its own clear procedure.
In addition, to carry out the transfer of property, a number of necessary documents are required.

What is the best way to formalize a donation? Where is the donation agreement registered? Is it possible to write a deed of gift for a close relative? Is it possible to make a gift agreement between strangers? You will find answers to these questions in this article, and also familiarize yourself with other nuances of drawing up a deed of gift.

Donation share agreement in another region

For example, if suddenly one of the property owners donated his share to a complete stranger, for no apparent reason, then the remaining owners can, through the court, declare such a transaction void. Conditions for transferring your share A distinctive feature of these transactions is that they are completely free of charge. There is no need to notarize such an agreement; you can formalize the transaction in writing; the law does not require a notary’s signature in such a document.

An agreement under which one of the parties donates real estate to the other party must be concluded in three copies. All three copies of the agreement must be signed by both the donor and the person receiving the property as a gift. In order to officially register the transaction, it is necessary to provide such a real estate transfer agreement to the registration department.

The relative you are gifting must receive an extract from the Unified State Register before completing the transaction. During the registration process, you should prepare and submit all the necessary documents for registration, after which all rights to the real estate will pass to the person who accepted the property as a gift from you.

Features of drawing up a deed of gift between close people The agreement under which real estate is transferred as a gift has both its advantages and disadvantages. Advantages:

Gifts made by closely related people are not taxed.
It would be advantageous to enter into such an agreement when a share in the real estate is being sold, and it is not possible to receive a refusal from the other property owners.

Disadvantages of such a transaction: The disadvantages of this option for transferring property are also obvious. Article updated: May 4, 2020 The total cost of conducting the entire transaction of donating an apartment to a notary includes: 1) the cost of drawing up and certification of the donation agreement; 2) the cost of filing a registration agreement; You may also need an additional service - notarized consent from your spouse. Cost of service No. 1 - drawing up and certification of a share donation agreement The cost of this service depends on whether you contacted a notary without fail or at your own request. We advise you to carefully read in what cases the contract must be certified, because if you go to a notary at your own request, it costs more. If the contract must be certified

A) Drawing up a contract - from 2 to 6 tons. The price is different in each region.

The cadastral value of the apartment is 4.8 million rubles. The notary charged them 8,000 rubles for drawing up the contract. , and for his ID - 3000 rubles. + (0.2% * (4.8 million * 1/2)) = 7,800 rub. Total RUR 15,800 Example No. 2. Oksana has a large apartment in St. Petersburg, the cadastral value of which is 21.8 million rubles.

She decided to give her grandson a 2/3 share, i.e. to a close relative. They turned to a notary, even though he was not necessary in their case. They paid the notary 6,000 rubles for drawing up the agreement. For his ID - 23,000 rubles. + (0.1% * ((21.8 million * 2/3) - 10 million)) = 27,500 rub. Total RUR 33,500

The share is given to another relative or person
— If the cadastral value of the share is up to 1 million rubles. , then certification of the contract costs 3000 rubles. + (0.4% * cadastral value of the share).
— The cadastral value of the share is over 1 to 10 million rubles. , then 7000 rub.

This is the situation. A year ago, I bought an apartment in another city and registered it in my daughter’s name. Now we wanted to issue a deed of gift to me, my mother. But the notary refused to give a power of attorney, because... the apartment is not in Chita. And in order to transfer the transfer from my daughter to me, we need to go together to that city, rewrite and wait for the documents.

And this is both expensive and inconvenient. Are there other design options? How to proceed? Along with the topic “Execute a deed of gift” they are also looking for: Urgent legal consultation free of charge 8 800 505-91-11

Make a power of attorney for another person who will represent your interests
Any notary you contact is required to issue a power of attorney, regardless of the location of the apartment. Go to someone else, complain to the Notary Chamber.

Is it possible to issue a deed of gift if the apartment is not privatized?

In the process of privatization of real estate, the owner has the right to draw up a will, according to which, if at the time of death the apartment has not yet been privatized, then this right is transferred to the designated heir. Guided by the third part of the Civil Code of the Russian Federation, Chapter 62, in the presence of a will, the transfer of property will be carried out according to the will of the owner-tenant.

Thus, non-privatized property is inherited by a citizen, who can subsequently privatize it. An exception to this resolution are heirs at law who have an obligatory share in the inheritance. Is it possible to issue a deed of gift for non-privatized property? A deed of gift differs significantly from a will, although it is a way of transferring property into ownership. While a non-privatized apartment can be bequeathed, it is impossible to donate this type of real estate.

How to register a deed of gift for a share in another city

How to draw up a deed of gift for a share in an apartment? If one of the parties cannot or does not want to be present at the registration of real estate ownership, then this party must write out and notarize a power of attorney for the person who has such an opportunity and has the appropriate authority. Thus, the right to sign the necessary documents in order to register a transaction of transfer of property into ownership will pass to the person in whose name the power of attorney was issued. Plus free legal advice. Lawyer. RU Stage No. 3 – submit documents to the MFC or Registration Office to register the transaction Since 2017, in many cities, you can only submit documents for registration to any branch of the MFC (Multifunctional Center), then from there the documents are transferred to the Registration Chamber.

That is, the Registration Chambers no longer accept citizens directly, but only through an intermediary in the form of an MFC. If documents are submitted to Rosreestr or MFC by a representative, then a power of attorney for him will also be required. All about how to draw up a deed of gift for an apartment between close relatives. Will the granddaughter be able to obtain all the certificates in Moscow on her own or should there be a power of attorney for this too? If a power of attorney is needed, can the grandfather draw it up without the granddaughter, and then send the original by mail or some other way? registration of a deed of gift for an apartment, an extract from the house register, documents for registration of a deed of gift Collapse Victoria Dymova Support employee Lawyer. ru Similar questions have already been considered, try looking here:

The notary is wrong, he is obliged to issue a power of attorney, but if the power of attorney is for you, then the power of attorney for another person cannot be given to yourself. Legal assistance. Lawyer LUKIN V.N. tel. 8 916-6124626, 8 495-4114507, Address: Moscow, Novorossiyskaya str. 22/31 apt. 2www. advocate-lukin. ru Personal consultation
Margarita! The notary is obliged to issue a power of attorney; another question is that the daughter will not be able to represent the interests of the two parties under the gift agreement using the specified power of attorney. WITH RESPECT, LAWYER TORCHIGIN DMITRY SERGEEVICHwww. Advocate-t. ru tel.

Requirements for a share in an apartment As a general rule, the text of a deed of gift does not provide for an indication of a specific share in an apartment. The donor indicates the area of the transferred property, as well as the characteristics of the apartment as a whole. Since the property belongs to the owner, and he gives it as a gift to a close relative, he can dispose of it at his own discretion and not ask the consent of the other owners to complete the transaction. There is also no requirement to allocate the alienable share in the apartment in kind. Nuances of registering a deed of gift if the owner is in another city Documents required to formalize a deed of gift for a share in housing for a relative To certify the transaction by a notary, you will need to provide documents on the identities of the parties to the transaction, the agreement itself (if drawn up), documents on ownership of the share.

If a share in marital property is given, the consent of the other half will also be required.

And if the transaction is concluded with a person who is not closely related to the donor, then the recipient will have to pay 13% tax by transferring to the budget. Deadlines According to current legislation, no more than 30 days are allotted for processing documents. It is after this period of time that the person accepting the gift of real estate will receive a certificate of title to the donated property.

Is it possible to draw up an agreement without the participation of a notary? Yes, of course, you can draw up this kind of agreement without the help of a notary. The law does not require such transactions to be notarized.

But if there are concerns that in the future a situation may arise with a challenge to the gift transaction, then the best option would be to notarize these documents. But certification of the transaction by a notary will entail additional costs. A thorough study of the issue does not always guarantee a positive outcome.

On our website you can get the most detailed consultation on your issue from our lawyers for free through an online form or by phone in Moscow (+7-499-350-97-04) and St. Petersburg (+7-812-309-87 -91). Rights and obligations of the parties A deed of gift can only be executed voluntarily, that is, the transaction must have the consent of not only the donor, but also the donee. If a close relative does not want to accept a share in the apartment as a gift, then he can refuse the transaction and not explain the reasons for his refusal. The law is uniform, but, unfortunately, each region may have its own requirements.

You can draw up a gift agreement in simple written form, have a notary certify the authenticity of your daughter’s signature on the application for state registration, and also issue a power of attorney on her behalf in your name to represent her interests in the Federal State Registration Service of the region where the apartment is located.

If you purchased the property before you entered into an official marriage, you will need to submit a corresponding application certified by a notary.
If the property being donated contains persons under the age of majority, then consent must be obtained from the guardianship authorities.
A guardian's agreement is required if the transaction involves a person under 18 years of age or an incapacitated citizen.
If the transaction is executed by third parties, then you must provide a notarized power of attorney.

If the recipient is under 14 years old, then his birth certificate and the passport of one of the parents.

If the apartment is jointly acquired property and is registered in the name of only one of the spouses, then the notarized consent of the donor’s spouse is required. It costs 1-2 thousand rubles to obtain consent from a notary. ;
If a proxy acts for one of the participants in the transaction - a notarized power of attorney (original and copy). The power of attorney is certified by a notary for 1-2 thousand rubles.

The state fee that you pay for registering this transaction.
Notary services, if the transaction between you is concluded with his help, but if you draw up the documents yourself, then this expense item is excluded from you.
13% tax if the transaction is carried out between people who are not classified as close relatives.
The donor will need to have the property assessed by the BTI, which is also subject to payment.

The law is uniform, but, unfortunately, each region may have its own requirements. You can draw up a gift agreement in simple written form, have a notary certify the authenticity of your daughter’s signature on the application for state registration, and also issue a power of attorney on her behalf in your name to represent her interests in the Federal State Registration Service of the region where the apartment is located.

My answer is your feedback. JURIUS LLC (23.08.2014 at 23:25:16) Good afternoon! The gift agreement is concluded in simple written form.

The transfer of ownership under a gift agreement from the donor to the donee must be registered in the Unified State Register after submitting the gift agreement to any body of Rosreestr (not necessarily at the location of the real estate). These changes to the Federal Law “On state registration of rights to real estate and transactions with it” were introduced by Federal Law No. 250-FZ dated July 23, 2013, and came into force on October 1, 2013. If you have any questions, please contact us. I would be grateful for your feedback. Kolobkov Sergey Leonidovich (24.08.2014 at 05:08:55) Hello! Yes, you can issue a deed of gift for a house that is located in another region.

Useful links - how to formalize the donation of an apartment from a notary in 2018 and what documents are needed; Find a notary “near me on Yandex. Map - shows customer reviews and ratings, addresses, telephone numbers, opening hours, etc. The cost of additional service No. 3 - notarized consent from the donor's spouse. This consent is required if a share in the apartment that was purchased during marriage is given. was issued only to one of the spouses. Any real estate purchased during marriage is considered the common property of BOTH spouses, even if it is registered in the name of only one of them (Clause 2 of Article 34 of the RF IC).

Such consent can only be certified by a notary (clause 3 of Art. Thank you for your answer! And with the notary you draw up a power of attorney for your daughter, in which you authorize her to give this specific agreement for state registration and receive registered documents and a certificate. NOT to sign the agreement, namely , give documents - receive documents.

In Moscow there are never any problems with this. Sincerely, Kharchenko O.V. Thank you for your answer! Olga Valerievna! Thanks for the answer. Let me clarify.

The apartment registered to my daughter is located in another city. She and I live together in Chita. Therefore, I need to go to this city and re-register the apartment in my name using a deed of gift. My daughter didn’t want to disrupt it because of her studies.

The notary said that this is basically impossible, because the housing is located in another city and the daughter needs to draw up a power of attorney for a stranger in order for us to draw up a gift deed.

Can the donation be formalized in a different location from the location of the apartment?

Detailed consultation, drafting documents, conducting a case in court - for a fee. T. 9152171802 My court. practice zakonnost.su The site's lawyers do not call you first! Personal consultation

The notary is wrong, he is obliged to issue a power of attorney, but if the power of attorney is for you, then the power of attorney for another person cannot be given to yourself. Legal assistance. Lawyer V.N. LUKIN tel. 8 916-6124626, 8 495-4114507, Address: Moscow, Novorossiyskaya str. 22/31, apt. 2www.advoсate-lukin.ru Personal consultation
Margarita! The notary is obliged to issue a power of attorney; another question is that the daughter will not be able to represent the interests of the two parties under the gift agreement using the specified power of attorney. WITH RESPECT, LAWYER DMITRY SERGEEVICH TORCHIGINwww.advokat-t.ru tel.

Altai region. Is it possible to draw up a deed of gift not at the location of the apartment (or have my granddaughter draw up a deed of gift for me in the Altai Territory) and have my interests represented by my granddaughter, i.e. for my daughter and granddaughter to go to the Altai Territory without me to re-register the apartment in my daughter’s name? I'm married, do I need my husband's permission too? Thank you in advance for your response. Collapse Victoria Dymova Support employee Pravoved.ru Try looking here:

Is it possible to issue a deed of gift for an apartment in another city?
Is it possible to issue a deed of gift for an apartment in Ukraine while in Moscow?

You can get an answer faster if you call the free hotline for Moscow and the Moscow region. Available lawyers on the line: 6 Lawyers' answers (4)

All legal services in Moscow Challenging the right to real estate Moscow from 120,000 rubles.

If in your locality you can submit documents directly to Reg. Chamber, then it’s better to do so. The submission of documents to the MFC or the Registration Chamber itself does not differ, so we wrote instructions from the MFC.

The donor(s) and recipient(s) need to contact the MFC, pay the state fee and submit signed agreements with other documents. If the recipient is under 14 years of age, then his presence is not required; one of the parents (guardian, trustee) must be present.

If the recipient is between 14 and 18 years old, then one of the parents (guardian, trustee) must be present with him. The state registration fee is 2000 rubles. Payment details can be obtained from an employee. The payment desk is usually located in the MFC building itself. Now the position of Rosreestr is that the donee pays the state duty. In practice, it doesn’t matter who pays the state duty, it’s all by agreement.

Personal consultation Why can’t we issue a power of attorney in our city and go with it and transfer an apartment to another city? Trusting a stranger is quite frivolous. question number No. 2192906

Margarita, hello! The notary speaks nonsense. Find another notary. Absolutely any notary can issue a power of attorney. And it doesn’t matter where the apartment is located. If I understand correctly, the apartment is located in the city where my daughter lives.

If so, then, usually, in such cases the following is done: You and your daughter enter into an agreement to donate an apartment in simple written form. And at the notary you draw up a power of attorney for your daughter, in which you authorize her to give this specific contract to the state. registration and receive registered documents and certificate. NOT sign an agreement, but, namely, give documents - receive documents.

Execution of a gift agreement in an MFC in another city other than the location of the apartment

The transfer of a share of property is carried out without general consent. The conclusion of a transaction can be independent and notarized. In the second case, all the nuances of the legislation on the transfer of property are taken into account. Regardless of the registration method, it is mandatory to undergo state registration after drawing up the contract. A deed of gift is, at its core, an act of good intentions, but it is not documentary evidence of ownership. The transfer of property as a gift to another person is registered by the MFC, the cadastral register and the Federal Service. Registration of property rights under a gift agreement is also prohibited for officials. The use of the condition on the transfer of an object to another owner after the death of the previous owner is excluded. Donation and will are two completely different concepts. The transfer of rights occurs immediately after the signing of a legally binding agreement.

Attention! If there are several owners, the deed of gift is executed only when there is written permission from all parties. Will the granddaughter be able to obtain all the certificates in Moscow on her own or should there be a power of attorney for this too? If a power of attorney is needed, can the grandfather draw it up without the granddaughter, and then send the original by mail or some other way? registration of a deed of gift for an apartment, an extract from the house register, documents for registration of a deed of gift Collapse Victoria Dymova Support employee Lawyer. ru Similar questions have already been considered, try looking here:

passport;
technical documents for residential premises;
a gift agreement drawn up in accordance with the rules;
a certificate confirming the absence of debt on utility bills;
certificate of ownership of the transferred apartment;
a certificate allowing you to get an idea of the number of citizens registered in the territory of the residential premises;
a receipt confirming payment of the state duty.

What needs to be done before executing a gift deed?

If the donor has already decided exactly what he will donate his apartment and has decided who he will give it to, then he needs to do the following:

prepare originals of all documents (which documents are needed will be discussed in detail in this article).
Make copies of all these documents; there should be as many copies as there are parties to the transaction.
It’s good to familiarize yourself with all the documents for registering a deed of gift for an apartment (this can be done here).
Decide what clauses will be included in the contract (for example, a clause stating that in the event of the death of the donee, the apartment is transferred back to the donor).

Next comes filling out the contract, at this point you need to be especially careful. After all, if the registration authorities find even one error (even spelling or punctuation), the contract will not be accepted.

How to draw up a deed of gift if the donor is in another city

Although at the moment the Registration Chamber does not require this certificate, it is worth taking it so that the recipient knows who is registered in the apartment or who is not registered. if trustees act for one or both participants in the transaction - a notarized power of attorney (original and copy); Permission from the guardianship and trusteeship authorities. This permission is necessary if the donee is a minor or incapacitated. Also, in some cases, this permission is needed if the donee has a guardian instead of parents, but this depends on who the guardian is (we advise you to check in advance with the Registration Chamber regarding permission). But in each specific case, the Registration Chamber may require additional documents and certificates. And at the notary, draw up a power of attorney from your daughter for yourself, so that you can give this specific contract to the state yourself. And if the transaction is concluded with a person who is not closely related to the donor, then the recipient will have to pay 13% tax by transferring to the budget. Deadlines According to current legislation, no more than 30 days are allotted for processing documents. Contents: Hello. You can draw up a gift deed in any city. The main thing is that there are grandfather’s signatures. Documents can also be submitted using a notarized power of attorney issued to any person.

There are no negative consequences, since the power of attorney will only be for submitting documents (this is all that needs to be written down in the power of attorney). You can draw up an agreement yourself, you can have it from a notary, or you can from any lawyer (they will draw up a normal agreement cheaper than from a notary). To obtain documents, my granddaughter needs a power of attorney. The grandfather can register it with a notary without his granddaughter, but he will need a photocopy of his granddaughter’s passport so that the notary can make a power of attorney.

List of documents that must be submitted in originals and copies: passports of the donor and donee (originals); gift agreement; The number of copies of the agreement depends on the number of participants in the transaction, plus one copy, which remains in the Registration Chamber. Advantages: Actions required before this procedure Agree with the person to whom you plan to donate the property on the issue of his acceptance of this property and begin the registration process.

Dear visitors! The site offers standard solutions to problems, but each case is individual and has its own nuances.

If you want to find out how to solve your particular problem, call toll-free ext. 504 (consultation free)

The relative you are gifting must receive an extract from the Unified State Register before completing the transaction.

Is it possible to issue a deed of gift if the apartment is not privatized?

When considering the case, it will be taken into account that the testator submitted all the necessary documents, but did not have time to formalize the privatization before his death and did not receive the residential premises as personal property according to the law. Sequence of actions after the death of the owner Based on Article 672 of the Civil Code of the Russian Federation, heirs have the right to remain living in a non-privatized apartment after the death of the owner-tenant, provided that they previously lived together. At the same time, every relative has the right to conclude an agreement to rent a non-privatized apartment. To do this, he should contact the housing fund. The legal heir of a deceased citizen-tenant may be a full-fledged person to enter into an agreement for a non-privatized apartment in order to retain the right to continue living in it.

How to Register a Deed of Gift for a Share in Another City

The state fee that you pay for registering this transaction.
Notary services, if the transaction between you is concluded with his help, but if you draw up the documents yourself, then this expense item is excluded from you.
13% tax if the transaction is carried out between people who are not classified as close relatives.
The donor will need to have the property assessed by the BTI, which is also subject to payment.

The share of the apartment is given to a close relative(s), that is, spouse, parent, son/daughter, grandson/granddaughter. — If the cadastral value of the share is up to 10 million rubles. , then certification of the contract costs 3000 rubles. + (0.2% * cadastral value of the share).
— The cadastral value of the share is more than 10 million rubles. , then 23,000 rub. + (0.1% * (cadastral value of the share - 10 million)). But the final cost of the certificate should not exceed 50 thousand rubles. Show examples Example No. 1: Alexander has an apartment in Moscow, he is the sole owner. He decided to give half of the apartment to his son, i.e. 1/2. Although not necessary, they decided to contact a notary, i.e.

How to Register a Deed of Gift for a Share in Another City

Gift deed for an apartment

Info

The Civil Code of the Russian Federation states that only an heir can participate in the registration of a non-privatized apartment for inheritance. To complete this procedure, it is necessary to take the following steps even before the death of the tenant:

An application for privatization of a residential apartment must be submitted to the registration department.
The citizen (employer) must complete all necessary documents to complete the privatization process.
The registration department should not have an application to revoke the privatization of property.

If all the above conditions have been met, then, in accordance with the Resolution of the Plenum of the Supreme Court of August 24, 1993 No. 8, the heirs have the full right to apply for inheritance of non-privatized property after the death of the owner-tenant.

Generation Homeless

Varvara Ponomareva is one of thousands of young citizens whose parents were caught up in the first wave of privatization. In 1992-1993, children like her were not included among the owners during privatization.

But years passed and these children grew up. Adult life for many of them, like Varvara’s, began with an acquaintance with the domestic legal system. The grown-up children went to the courts to seek their share in the apartment where they were born, registered and live. It is impossible to establish how many people like Ponomareva are - no one keeps such statistics.

Often the place of residence of these poor fellows depends on several factors - the mood of their parents, whether they continue to live in marriage, and so on. If favorable factors do not add up, then the children of the first wave of privatization easily end up on the street.

Formally, the law should protect their interests. When going to court, such children must be given a share in their own apartment. But this is the exception rather than the rule.

Mothers and daughters without documents

In 1993, when the apartment was privatized, Varvara’s parents did not include their daughter among the owners. Now Varvara regularly visits the Presnensky Court of the capital. And that's why.

In January 1993, that is, at the time of privatization, an ordinary family lived in an apartment on Novy Arbat in Moscow - grandmother, father, mother and their five-year-old granddaughter Varvara. Of course, no one asked her if she wanted to be an owner. Shares in the privatization of housing were not determined.

In 2003, my grandmother dies, and my mom and dad separate. Each parent begins their own life.

Daughter Varvara only learns from a notary in December 2008 that the shares after the death of her grandmother are assigned to her parents, but she has nothing. The father, who first decided to write a will and give a share of the apartment to his daughter, has already changed his mind. He revoked the will. At the beginning of this year, Varvara came to court with a claim to partially invalidate the privatization of 1993 and to allocate her a share in the apartment where she was born, was registered and lived.

The defendants in the daughter's lawsuit were the mother and father. The mother supported her daughter's claim. My father was categorically against it.

At the end of summer, the court rejected Varvara Ponomareva’s claim. The judge, confirming that she was right, wrote in her decision that the owner is obliged to pay for the living space, but Varvara did not do this. It turned out to be absurd. It turned out that from less than five years of age a child must pay for his place of residence? What then do parents need?

Today the situation is this: a 21-year-old girl, without any property, remains in her own apartment, simply registered. It turns out that she was deprived of property twice - in 1993 by her parents, and in 2009 by the court.

How the minors were forgotten

When the privatization of housing began in Russia at the very beginning of the 1990s, no one really knew what it was. The adult population did not understand whether it was necessary to include children among the owners. Formally, the law in those years did not insist on such mandatory inclusion of minors in privatization documents. And no one could predict in those years what consequences this would have in the future. And this is what we have today.

The grown-up children, having learned that they were only registered in their own apartment, began to go to court. Their claims are absolutely the same - everyone insists on giving them a share in the apartment.

However, under the current law, such children are given only one year of “reflection time” from the moment they become aware that they have nothing. In 12 months, they must have time to realize the reality and run to court to file a claim. And woe to those children who cannot prove in court exactly when they learned that their parents deprived them of their property.

But the inability to hustle quickly is not the worst thing. There is a category of yesterday's children whom you cannot envy at all. These are those whose parents managed to run away and, due to hostile relationships, do not have a common view on the housing share issue for their children.

The reason why courts sometimes refuse to satisfy children’s demands can also be called completely absurd - this is the fact that the child did not pay rent. And this despite the fact that the parents did not demand payment from the child, but, acting as his legal representatives, paid the fee themselves.

Well, the situation is quite tragic for those children whose parents divorced and then entered into new marriages. The interests of such parents are already categorically at odds with the interests of their own children. Will they share ownership of the apartment voluntarily or not? Mothers, as a rule, tear their parts of the shares from the heart. But fathers who already have new families very often do not want to part with what they have. This puts children at risk of becoming homeless while their parents are still alive.