The desire to give gifts to a minor child and thereby somehow ensure his future is quite natural and understandable.
A child cannot act as a donor of property (Civil Code Art. 575) due to objective incapacity due to age, which is natural. But is it possible to issue a deed of gift for a minor child?
Definitely yes. Legal capacity is recognized from the moment of birth (Civil Code Art. 17—), which means the possibility of owning any property.
How to draw up a deed of gift
A deed of gift for an apartment transferred to a minor child contains important terms of the transaction.
7 main points of the agreement:
- date and place of signing the document;
- last names, first names, patronymics and passports of the parties;
- the document on the basis of which the guardian acts;
- real estate object (address, area and other conditions allowing its identification);
- the date from which it was decided to donate property to minors;
- number of copies of the agreement (copies are drawn up according to the number of parties to the agreement);
- signatures of the parties.
The parties can determine the terms independently. The rule was approved by Art. 421 Civil Code of the Russian Federation. This means that you can make the transfer of an apartment dependent on the fulfillment of any conditions.
Example 1. Semenov V.N. wants to donate his apartment to his minor son if he successfully completes his studies at an educational institution. In Russia, it is allowed to include conditions precedent in a deed of gift.
This means that you need to write that your son will receive housing only if he receives a certificate confirming successful completion of a university.
Art. 572 of the Civil Code establishes that a deed of gift for a minor child must be gratuitous. However, in this case, the son does not provide anything to the father, and the terms of the deal oblige him to behave with dignity.
Example 2. A grandmother wants to give an apartment to her granddaughter, but she is afraid that her granddaughter will not want to get married. Then a suspensive condition is included in the gift agreement for a minor: the apartment is transferred to the donee only if he enters into a marriage union and provides a certificate issued by the civil registry office.
Gift deed for a minor child and rules for its preparation
When deciding to give your children a share of real estate, a car or other valuable property, you must remember that in this transaction, his legal representative - a guardian or parents - will act on behalf of the minor donee.
They will be able to sign a sample deed of a car or apartment, but will not receive the right to dispose of the acquired property. If the child is under 14 years of age, then his presence at the conclusion and registration of the contract is not mandatory. For persons who have reached the 14-year-old threshold and have received a passport of a citizen of the Russian Federation, different rules apply. By law, such a donee is required to be present when signing a gift agreement for a share of real estate or other property. Read also: Procedure for drawing up a deed of gift for a car in Russia in 2020
Today there is no single standard or form for drawing up a gift agreement for a car, apartment or share of land. The document is drawn up in free form, indicating mandatory details, such as passport data of the participants in the transaction (donor, donee and his representatives), information about the object of the gift, terms of the transaction, etc. It is not necessary to notarize the document, but most Russians decide to carry out the transaction through lawyer.
If the legal representative has assessed all the pros and cons of the gift, and does not want to accept the gift, he is obliged, on behalf of the child, to draw up a sample written refusal of the deed of gift. In this case, the age of the recipient is of great importance. A child over 14 years old will make his own decision, but his parents will sign for him.
When registering a deed of gift for a share of real estate or all property, you must take into account that the other person who is registered in the apartment must provide written consent to the transaction. Also, jointly acquired property during marriage can be donated only with the permission of the spouse.
Donating a share of property is a gratuitous transaction, i.e. the recipient of the property will not have any financial obligations to the donor. However, in some cases, the primary owner may impose a number of conditions, after which the minor donee will be able to fully assume ownership rights. These conditions include marriage, graduation, and reaching adulthood.
Contents of the deed of gift
You can draw up a gift agreement under certain conditions. It is possible to determine the future fate of the property in the event of the death of the donee. For example, establish that the property returns to the donor.
When the parties decide to formalize a gift agreement in the future, a clause can be included to rescind the decision if the donor's financial situation worsens.
There is a general basis for canceling a transaction. This is unworthy behavior towards the donor. If an attempt is made on his life and health, the deed of gift is cancelled.
Conditions can be included until the actual transfer of the living space. Conditions are allowed that do not create counter-obligations for the donee.
Transaction form
When a gift is made on behalf of a minor, ordinary writing is sufficient. There is no need to register the agreement.
The donation of a separate share of real estate to a minor child is notarized. The question of how to issue a deed of gift for a child must be resolved in the Rosreestr department. This is where the registration of real estate rights takes place.
If you are deciding whether it is possible to issue a deed of gift for a minor child, you will have to bear the costs of registration:
- notary fees and tariffs are paid;
- A state fee is paid for registering the transfer of ownership.
As a rule, the recipient of the gift pays the costs, but the parties may provide other conditions.
The procedure for registering a real estate donation transaction
Regardless of whether the deed of gift is in the name of a child or an adult, it must be registered with the Federal Reserve System.
Contacting Rosreestr and entering data about the new owner into the Unified State Register will give the document legal force. The documents must be submitted to the Federal Registration Service within a year, otherwise the transaction will be declared invalid and the property will again return to the disposal of those who were originally registered there. All participants in the process must be present when submitting papers. Read also: How to challenge a deed of gift
The list of documents may vary depending on the individual situation. Typically, to register you need to prepare:
- identity cards of the parties to the transaction;
- certificate from the BTI;
- cadastral and technical passport for the object;
- certificate of ownership of the donor;
- certificate of absence of encumbrances;
- gift agreement;
- consent from those registered in the house;
- receipt of payment of the state fee.
Sample agreement for donating a share of an apartment to a minor child
34.0 KiB 53 Downloads Details
| Category: | Donation |
| Date of: | 13.02.2016 |
The state duty will cost citizens 1-2 thousand rubles. The procedure for checking papers and entering new data about the owner can be completed within 10-14 days. If any questions or inaccuracies arise, the deadline may be extended. In a situation where the donor sets conditions for the recipient, Rosreestr will put a mark on the certificate of ownership stating that the property is encumbered. The encumbrance is removed after the requirements are met.
Like any transaction, a gift can be challenged. Most often, those who are registered in the house or are related to the property try to do this, and the transfer of rights infringes on their interests. If you need to cancel the deed of gift, you should go to court. The decision to terminate the transaction is made only by the judicial authorities. It is worth noting that when receiving property rights under a deed of gift, the new owner will be required to pay 13% 3-NDFL tax. If the recipient is a blood relative of the donor, then this requirement is waived.
Donation of a share
You can transfer not only the entire object, but also a share in it. There is a difference from a purchase and sale transaction: you do not have to obtain the approval of other owners. Since the question of whether it is possible to make a deed of gift for a minor child is positively resolved, it is necessary to draw up the contract correctly. The size of the share, its area, and exact address are indicated.
You will inevitably have to incur additional costs for notarization. Whether it is possible to issue a deed of gift for a minor without the participation of a notary is not decided when the share is transferred.
Is it possible to issue a gift deed for a child?
My husband and I divorced 3 months ago; we did not formalize the division of property. I live with 2 children in an apartment registered in my name through a deed of gift. My husband has 2 apartments purchased during marriage. According to a verbal agreement, he had to register one of them for the child. But now he refuses, citing the fact that there is no way to register an apartment for a child, and he doesn’t want to register for me. He threatens that if I go to court for the division of property, he will sue both my children and my apartment. Tell me how you can register an apartment for a small child, and whether your ex-husband has the right to sue the children.
My husband owns an apartment; at the birth of the child, he was registered in the husband’s area. Can a husband issue a deed of gift for a two-month-old child? What documents are required and does the wife have a share in this apartment? The apartment was purchased before marriage.
Which is better: a will or a deed of gift?
You can issue a deed of gift to the parents for a minor child, or you can make a will. There are fundamental differences between these documents.
Table of differences between a gift agreement and a will:
| Condition | Will | Gift deed |
| Moment of transfer of ownership | After the death of the testator | Determined by contract |
| Notarization | Is a prerequisite | At the request of the parties |
| Opportunity to challenge | You will have to share with the obligatory heirs; there may also be contenders for square meters from among other relatives | You can challenge it if the order of conclusion provided for by law is violated |
| Possibility to adjust conditions | The testator can change the terms at will | The gratuitous transfer of property is irreversible. Cancellation is possible if you prove unworthy behavior of the recipient |
| Transaction procedure | The personal presence of the heir is required | A donation on behalf of one of the parties can be made by a trustee. Until the age of 14, the guardian signs. |
How to draw up a gift deed for a minor
A deed of gift is a fairly popular way of transferring real estate to relatives and is one of the frequently used types of civil law transactions.
Chapter 32 of the Civil Code of the Russian Federation, which consists of 10 articles (starting from 572 to 582), regulates the process of gratuitous transfer of real estate.
It describes all the subtleties and nuances of the gift agreement both in relation to distant relatives and to people who are not related.
Is it possible to issue a deed of gift for a minor?
According to current Russian legislation, any citizen has legal capacity from the moment of his birth, which means he has the right to own property.
In this case, the minor citizen in whose name the property will be registered must have a passport or birth certificate. But a child does not have the same legal capacity as adults; he does not have the right to independently participate in transactions of this kind.
Until the age of 18, the interests of children are represented by their parents or guardians (adoptive parents). The gift agreement is drawn up exclusively in the presence of legal representatives or with their knowledge and consent.
Age categories
Based on the age of the child, the process of drawing up a gift agreement will be slightly different:
- when a child reaches 14 years of age, the deed of gift is signed by his parents (adoptive parents or guardians), and according to Article 28 of the Civil Code of the Russian Federation, it is not necessary that the child himself be present at this transaction;
- for the age category from 14 to 18 years, a child already has the right to independently sign a deed of gift if there is written consent of his legal representatives. In this case, the gift agreement itself must be signed by both the child and his parents or guardians (according to Article 26 of the Civil Code of the Russian Federation). Also, the gift agreement must indicate that the parents (guardians, adoptive parents) agree to conclude this transaction.
There is the only exception to the rules when a child who has reached the age of 16 is recognized as fully capable, and he has the right to independently complete the deed of gift - this is emancipation.
To pass it, a minor citizen must confirm his full financial and property independence (for example, by having a contract job or owning a private enterprise), as well as obtain consent from legal representatives and sanction from the guardianship authorities.
According to Russian legislation (namely Article 185 of the Civil Code), a power of attorney can be issued on behalf of a minor citizen, therefore, in addition to legal guardians or parents, his representative can also act on behalf of the child in the process of registering a deed of gift.
Features of registration of deed of gift for minors
The main difference between a gift agreement and a purchase and sale transaction is that in the first case a gratuitous transfer of property is assumed. For this reason, a deed of gift for an apartment for a minor is one of the most common types of registration of transfer of ownership rights.
There are two types of gift agreement:
- including specific conditions;
- unconditional - not containing any conditions that impose certain obligations on the owner.
After concluding a gift agreement, real estate becomes the property of the recipient.
The process of registering a deed of gift
Executing a real estate donation agreement for a minor is possible in two ways: independently or in a notary’s office. Let's look at both of these methods in more detail.
- Self-registration involves the signing of an agreement by the donor and recipient, as well as their legal representatives. In this case, the agreement includes complete information about the real estate that is being donated, as well as title documents and information about the participants in the transaction.
- The best option would be to draw up an agreement with the participation of a lawyer, because in case of any inaccuracy, you may face a refusal to register the deed of gift with government agencies. In this case, registration of the gift agreement must take place at the location of the real estate or in the Cadastral or Registration Chamber (or in the MFC). You can get acquainted with the complete list of documents required for this procedure in the special consulting department at the place of registration of the agreement.
After the fee has been paid, and all the necessary business papers have been collected, plus the corresponding statements are signed by the donor and the donee, after 10 calendar days the donee will receive a certificate of ownership of the property. Registration of a gift agreement will cost 1000 Russian rubles.
Notarization
In the case of a notarized donation agreement, the cost of registration with government agencies is already included in the total cost of services and is equal to 3,500 Russian rubles.
Additionally, you will need to pay a state fee, which varies from 0.3 to 0.5 percent and depends on the value of the property.
More detailed information regarding the conclusion of the deed of gift, as well as the necessary documents, can be obtained from the notary’s office.
In both the first and second options, when the gift agreement is concluded between close relatives (for example, children and parents, as well as grandparents and grandchildren), the transaction is exempt from taxes under the terms of the law.
If it is not close relatives who want to give a house to a minor, then the tax amount will be 13% of the property specified in the agreement. In this case, payment of tax and registration costs falls on the child’s legal representatives.
In what cases is it possible to cancel a deed of gift?
Situations cannot be ruled out when, for some sudden reason, a person who had previously issued a deed of gift for a minor child suddenly wanted to cancel it. This can be done, but you will need to adhere to certain rules.
Let's consider in what specific cases the deed of gift can be cancelled:
- In case of intentional infliction of grievous bodily harm on a minor child for whom a gift agreement was drawn up.
- There was an attempt on the life and health of close relatives of the minor, who in the event of death are heirs to the living space or part of the living space.
- When a minor uses the donated property inappropriately (rents out living space, donates it or sells it), when this is at odds with the interests of the donor. This point must be taken into account in the process of concluding a deed of gift. If this clause is not stipulated in advance by the terms of the contract, then the real estate will be inherited in the event of death to close relatives. The donor will not be able to return the donated housing back.
- With a significant deterioration in physical or mental health, as well as in the presence of financial difficulties.
The donor always retains the right to refuse a previously concluded gift agreement in a number of situations:
- in case of sudden changes in life, if the financial situation deteriorates significantly;
- in case of demotion, and therefore a reduction in wages;
- if a child is planned to appear in the donor’s family in the near future;
- in case of sudden disability or other serious pathologies, when a large amount of money is urgently needed for treatment
Also, do not forget that if certain points specified in the gift agreement are not fulfilled, the donor has the right to return his real estate back.
The recipient also has every right to refuse the deed of gift at any time.
In this case, the donor will be compensated for all damage, but only on the condition that the donor and the recipient are not relatives.
It is important, regardless of the circumstances, to comply with all additional clauses provided for in the contract in order to protect yourself from unforeseen problems.
Advantages and disadvantages of the deal
The design is affordable. You can fill out the contract yourself and submit it to Rosreestr specialists for registration.
Documents are processed quickly. As a rule, the registration procedure takes ten days.
However, there is also another side to the coin. Recipients of property will have to share the benefits received with the state. The tax is 13%. Taxation can be avoided if the parties to the contract are close relatives. For example, parents and children, sisters and brothers.
Bottom line
You can give property to a minor. The completed contract is notarized when the share is transferred. In other cases, the usual written form is quite sufficient.
A legal representative acts on behalf of the children. The signature is provided by the guardian of minors under 14 years of age.
You can use the gift of real estate to a minor child as a way to influence him. Conditions precedent to a transaction do not contradict the law. Perhaps a son or daughter will be more responsible about their studies if getting an apartment depends on graduating from university.
Is it possible to issue a gift deed for a child?
My husband and I divorced 3 months ago; we did not formalize the division of property. I live with 2 children in an apartment registered in my name through a deed of gift. My husband has 2 apartments purchased during marriage. According to a verbal agreement, he had to register one of them for the child. But now he refuses, citing the fact that there is no way to register an apartment for a child, and he doesn’t want to register for me. He threatens that if I go to court for the division of property, he will sue both my children and my apartment. Tell me how you can register an apartment for a small child, and whether your ex-husband has the right to sue the children.
It is possible, but taking into account Art. 26 of the Civil Code of the Russian Federation “minors aged fourteen to eighteen years old make transactions, with the exception of small household transactions, with the written consent of their legal representatives - parents, adoptive parents or guardian.”
