Registration of a deed of gift for an apartment for a daughter who is married

The legislation of the Russian Federation tells us that the right of ownership of housing arises only after its state registration. Today, there are two options for registering a deed of gift:

On one's own.
Through a notary office.

Both the first and second cases have their positive and negative aspects. The choice is a personal matter for the parties to the transaction. To make an informed decision regarding the choice of one of the design methods, let’s consider them in more detail.

If you choose the first path, you will have to draw up a written gift agreement yourself. Please note that this document must contain the following information:

Last name First name Patronymic of the persons participating in the transaction;
passport details of the parties to the agreement;
the exact address of the property being alienated, as well as information from the housing cadastral passport;
all information about the document that confirms the donor’s ownership;
information about all family members who are registered in the apartment that is the subject of the agreement.

You can view and download a current sample of a gift agreement using this link.

After compiling it, you should go to the local department of Rosreestr or to the multifunctional center (MFC) in order to go through the registration procedure for accepting all documents in accordance with Art. 574 Civil Code of the Russian Federation.

You will have to receive a certificate of ownership of your daughter where the documents were submitted on the basis of a receipt of acceptance issued by the registrar.

According to the procedure, registration begins immediately after submitting the appropriate application along with a package of documents:

applicants' passports;
directly the application for registration;
receipt of payment of duty;
the contract itself (3 copies);
a document confirming that the apartment is the property of the donor;
cadastral documentation of housing;
an extract about the persons registered in the alienated home;
a certificate stating that the donor has no arrears in payments to the housing and communal services and the Federal Tax Service;
if the apartment was purchased during marriage, the consent of the donor’s spouse, certified by a notary, will additionally be required.

Within ten days, the registration authority verifies the accuracy and legality of the documents you submitted, enters new information into the Unified State Register, and certifies new title documents with signatures and a seal.

But what if the daughter is underage? The Civil Code, namely Article 26, states the following:

If the daughter is under 14 years old, then the legal representative (parent) must sign the gift agreement. In addition, the written consent of the parents (guardian) for the donation procedure will be required. The presence of the daughter is not required at the Registration Authority;
if the daughter is over 14 but under 18, then she signs the agreement together with her legal representative.

In the second case, having provided all of the above documents, the notary officer draws up a deed of gift, explaining and discussing all the consequences of the transaction for each of the parties.

Then, after signing the deed of gift by the mother (father) and daughter, and paying for all services to the notary, he starts the process of submitting documents for registration through electronic document management.

Thanks to the unified notary information system (UIS), its employees have access to many databases that allow them to quickly submit a gift agreement and receive a new certificate of title to real estate.

When submitting documents for registration through a notary, the processing time is reduced. It should be noted that the cost of the issued deed of gift is significantly higher. You can roughly calculate the total amount consisting of the cost:

services for drawing up deed of gift (2000 rubles);
registration in Rosreestr (1400 rubles);
state duties in the amount of 0.3% of the property under the contract (minimum amount 300 rubles).

When drawing up a deed of gift through a notary, you must understand that the transaction will be checked for legality (legal purity of the transaction), since the notary is responsible for his notarial actions with all his property. In addition, it will be much more difficult for those interested in it to challenge it.

For all the nuances regarding the execution of a gift deed, watch the following video:

Apartment as a gift to a minor daughter

The procedure for transferring property to a child under 18 years of age depends on several nuances. Based on the Civil Code of the Russian Federation, Art. 26 :

If the daughter is under 14 years old, then her father/mother signs the deed of gift. Written permission from guardians and parents will also be required. Her presence at the registration chamber is not required.
If the daughter is 14 years old, but not 18, then the deed of gift is signed by her in the presence of a representative.

Attention! To complete the transaction, you will need to obtain permission from the guardianship authorities.

The notary draws up the agreement and explains its consequences to the parties to the transaction . After signing the agreement and paying for the specialist’s services, the documents are transferred to the registration authorities via an electronic service.

What are the required conditions?

As stated above, there are no special differences in transactions with children and other persons. You will have to collect several additional documents and collect all the necessary consents. The main condition is the voluntary decision of the parent to donate the apartment.

Next, you should consider the age of the child:

From 1 to 14 years. Guardians or a second parent sign documents for the child. A guardianship may be appointed by the guardianship and guardianship authority. The presence of a child is not necessary at the transaction.
From 14 to 18 years old. A child can sign a document if there is official consent from a guardian or parent. The signature of the guardian or other parent is also required. The presence of the child and guardian at the transaction is mandatory.
Over 18 years old. Such a citizen is fully capable and independently responsible for his rights. All signatures are put by him himself. Attendance is required.

You can learn about the specifics of giving a gift to a minor child in our article, and more details about the transaction of donating an apartment between relatives can be found here.

Registration of a deed of gift for a daughter without a notary

The agreement is drawn up in writing (Civil Code of the Russian Federation, Article 574, paragraph 2). According to the agreement test, the following information is indicated:

Initials of the donee, donor;
Identity card details;
Address where the housing is located;
Full description of the property: area, number of premises, floor;
Data from the state registration certificate of ownership;
Who is registered in the apartment?

With the finished deed of gift, the father/mother and daughter are sent to the registration chamber (Civil Code of the Russian Federation, Art. 574, paragraph 3). The agreement is signed in the presence of a specialist to perform registration actions .

How to give your daughter real estate?

In general, there is no need - no specific form has been established for a deed of gift. It is necessary to resort to the services of a lawyer based on the law dated July 13, 2015 No. 218-FZ if:

the property of a person with limited legal capacity is donated by his trustee on behalf of his ward (Part 2 of Article 54);
it is not given in its entirety, but in the form of shares from its co-owners (Part 1, Article 42).

In addition, a notarized document is difficult to challenge ; the specialist confirms with his seal that both parents and daughter are making the transaction consciously and voluntarily. The notary will also help in drawing up the contract and explain important details.

With the exception of the above situations, the notary fee for certifying a deed of gift will be calculated based on clause 1 of Part 1.

1 tbsp. 22.1 Fundamentals of the legislation of the Russian Federation on notaries:

You can’t register a deed of gift in Rosreestr right away - Art. 157 of the Civil Code allows transactions with certain conditions. But it is important to remember that the gift agreement based on Art. 572 of the Civil Code cannot imply a reciprocal transfer of money or property from a daughter to a parent.

How to make a deed of gift for an apartment for your daughter

Expert opinion

Romanov Igor Severinovich

Lawyer with 7 years of experience. Specialization: civil law. Extensive experience in developing legal documentation.

The gift agreement does not have a set form. It is necessary to discuss all the terms of the future transaction. The deed of gift must contain:

information about the parent and the gifted daughter;
clarifying information about the gift;
rights and obligations of the parties;
procedure for resolving possible disputes and transferring an apartment;
information about the encumbrance of the apartment or its absence;
if necessary, additional conditions for the entry into force or cancellation of the contract.

The contract must indicate the specific subject of the gift , otherwise such a transaction is considered invalid. To describe housing, as a rule, the following are used:

his address;
state registration number in Rosreestr or cadastral number;
technical information (area, location in the house, number of rooms, etc.).

The agreement is drawn up in three copies , two of which are received by the donor and the recipient, and the third is kept by the registration authority.

Additional conditions include suspensive and exculpatory conditions that may or may not occur in the future. The former refers to the conditions under which a transaction is considered completed and the rights and obligations described in it arise.

For example, parents may promise to give an apartment to their daughter after graduation from university and note this in the gift deed. Cancellation conditions describe circumstances that entail the cancellation of a gift , for example, in the event of the death of the former donor.

Donation agreement for a house and land

Deeds of gift for a house and a plot of land do not differ in content from those for an apartment. They should also note:

passport details of the parent donating the property and the daughter accepting the gift;
clarifying information about the house, such as address, information from an extract from the Unified State Register of Real Estate;
procedure for transfer of real estate;
how possible future disagreements will be resolved;
suspensive and disqualifying conditions, if any.

The deed of gift for land, in addition to the above data describing the site, must also contain information about the buildings on it.

What documents are needed to formalize a deed of gift?

To transfer real estate to a daughter after drawing up a gift agreement, it is necessary to submit two applications for the transfer and emergence of rights from the parent and daughter, respectively. They are registered by the Rosreestr authority at the location of the apartment or house. When applying, you must provide the following documents:

identification documents of the parties to the transaction;
at least two copies of the deed of gift;
title documents for housing;
an extract from the Unified State Registration Register or a certificate of registration of rights;
if the mortgage has not been paid for the housing, the consent of the mortgage bank.

Both the donor and the recipient, when applying to Rosreestr, submit two applications , in general, together and in person. The first is the basis for registering the transfer of property rights of the donor, and the second is the basis for the emergence of such a right in the donee.

If the gift agreement was drawn up by a notary, then both applications can be submitted by either one of the participants in the transaction or a lawyer.

Property acquired during marriage cannot be disposed of individually , no matter whose ownership it is. In order to give such a living space to your daughter, you must first obtain the consent of your spouse and have it notarized.

However, if the donor himself received real estate as a gift , then it is not considered jointly acquired, and he can deal with it at his own discretion.

Moreover, if the donor’s property rights were not previously registered with Rosreestr, then this will first have to be corrected by attaching the necessary documents.

Registration of the transaction in Rosreestr

The fact of transfer of an apartment from a father to a daughter under a gift agreement must be officially registered in order for the transaction to go through correctly (FZ-122 of 1997).

The registration authority will need to submit the following package of documents::

Identity cards of father (mother), daughter;
The gift agreement itself (3 copies, one for each party and the registration chamber);
Document on the right of ownership of property;
Notarized consent of the spouse (if the property was acquired jointly and only one parent is the donor);
Resolution of guardianship (if the daughter is incapacitated or a minor);
Consent from the guardian (if she is transferred to the guardianship of other persons).

If the daughter has not reached her 14th birthday, then the deed of gift is signed by her representative . Her presence at the registration authority is not required. If she is over 14 years old, but under 18, she independently puts her signature on the gift deed .

Next, a state fee (1,400 rubles) is paid , a payment slip, an application and a package of documents (originals, except passports) are presented. The registrar, having accepted all the necessary documentation, issues a receipt. Based on this, upon completion of the registration procedure, a completed certificate is issued.

On a note! The period for registering the transfer of ownership of the apartment is 7 days. From this moment on, the daughter becomes the new owner of the property and can dispose of it at her own discretion.

A gift agreement is the best way to transfer your property to close relatives. To draw up a deed of gift, it is not necessary to contact a notary, but for the security of the transaction and compliance with all legal subtleties, it is recommended to do so. Then it is almost impossible to challenge the contract (declare it invalid) by other interested parties through the courts.

Registration of a gift of a house from mother to daughter

Can a common-law husband issue me a deed for a house by refusing an inheritance to his daughter from his first marriage?

The donor can issue a deed of gift to ANYONE.
The situation in the house is registered as a stranger, not a relative, does not pay rent... the owners of the house are mother and daughter... the mother lives with her new husband, the apartment is privatized for two, do you need to pay tax when registering a deed of gift for your daughter?

Maybe.

The inheritance goes to the legal wife, and without her to the children. if a deed of gift has not been issued to other citizens.

Easily. . Then, however, it will gnaw at your elbows (the house immediately changes the owner, unlike a will, which can be rewritten repeatedly for any subject, and each subsequent will cancels the previous one automatically..) when you kick him (such and such a fool) out of this very house ..

So that your children have the same disgusting father

Maybe, but after this he will be a complete asshole

Question I am inheriting from my mother a house with a plot and a garage, the garage is located on the border with my plot, my plot is next door. I want to do it right away. Registration of a deed of gift, draw up a deed of deed.

Yes, he has the right to express his will.

In 2011, dad drew up a will and a deed of gift for the house for his daughter; mom wrote a renunciation of everything she has the right to.

Right

My mother issued a deed of gift for an apartment in the name of my brother. Among other property, real estate can be given as an apartment, a house, etc. Such an agreement is subject to notarization.

The right to unlearn and earn everything yourself

No matter what

And where is the problem?

He bequeaths and then gives? It's funny. Mom is lovely. Not blonde?

Is dad still alive? Did he change or revoke his will? To whom and what specific did he bequeath the property? What do you mean by “deed of gift”? If we mean a bilateral gift agreement. according to which the donor is the father, and the donee is the daughter, then was he in agreement? registered by law in the management. Rosreestr according to location. real estate, and was the transfer of ownership to the donee (daughter) registered? Are these events happening in the Russian Federation? What kind of refusals were they and in what form did mom write?

The father wants to draw up a deed of gift for the house for his adult children, but since he lives in another city, he issued a power of attorney for registration. If the daughter is not 14 years old, then you, as the mother, will sign for her 2. Notarized consent from the father will be required, because plot...

You cannot bequeath and donate the same property at the same time... one thing

The house is divided into three parts: mother, son, daughter. Can a mother give a gift of 1/3 to her daughter? Does her son’s consent need to be given?

He can give his share to anyone. Without asking consent.

Gift deed for an apartment from mother to daughter. Hello, please tell me, my mother wants to write a deed of gift for the apartment, which is owned by my daughter, but she and her husband are registered in the apartment.

He can give it as a gift, but then the mother will not be able to live there without her son’s consent.

If you mean a certificate of ownership, then you can donate it. In some cases, it will be possible to challenge your inheritance after your death, taking into account this circumstance

Poor stupid mom.

Maybe. No need

Is it possible to issue a deed of gift for your part of the house to your adult daughter?

A deed of gift can be issued even for a minor. at least not for an adult, the only question is the legal capacity of all participants in the transaction and the lawyer.

Deed of gift from mother to daughter. A question has arisen regarding deed of gift from mother to daughter. The situation is as follows: A woman has registered ownership of an apartment purchased with her husband’s money; the spouses are not divorced.

Can. But don’t regret it later—foresee all the difficulties. Even the best relationship with your daughter can turn bad. Ugh, ugh, ugh.

Donation agreement and in the Russian registry. And that's it... nothing complicated!

Even a neighbor's daughter can. the consent of other owners is not required when donating, if this is what you care about.

Mom has two of us, me and my sister, can she draw up a deed of gift for her youngest daughter, does she have the right

Anyone can... at least for a neighbor or for me

How to give an apartment to your daughter? Execution of a deed of gift in simple written form and from a notary. A sample of a deed of gift for an apartment can be downloaded from the link. With the completed contract, mother, father and daughter are sent to the registration authority, clause 3, article 574 of the Civil Code of the Russian Federation.

Of course, it can be issued to anyone.

Maybe for anyone. Not fair? So never do this yourself. Love all your children.

Can donate his property to any stranger

A gift agreement can be concluded for any person.

Yes, maybe, and no one can dispute this.

It turned out that for registration of a deed of gift in the name of my daughter, I need to pay 5% of the value of the property. If the house is valued at 10.225 hryvnia, then you will need to pay 511 hryvnia.

A deed of gift has been issued to the daughter of a residential building owned by the father of the loan debtor. can they describe him for his debts?

There is no concept of “gift”. There is a gift agreement. if it passed state registration and the daughter became the owner, then the house cannot be described for the father’s debts. And in general, the only housing cannot be described for debts, except if it is a mortgaged property.

Please tell me what documents are needed to draw up a deed of gift for half of the house? Can a mother give her daughter the land and this house and what documents are needed documents for the house, a technical passport and a building permit were made in the name of the father who is no longer there.

So, after entering into a donation agreement for this house, this daughter and father become the owner and owner there and there is no way to call him, even if he is registered there..

If this is truly a deed of gift and not a will, then the owner is already your daughter

Was your father's only house? Then all this was in vain; the only housing cannot be repossessed for debts. Not the only one? A daughter’s property will not be confiscated for her father’s debts, unless they manage to recognize the gift agreement as an invalid transaction.

Can my 15-year-old daughter and I be discharged from my ex-husband’s house? His mother issued a deed of gift for her second son.

Of course, maybe in court! No problem !!! PS In this case, the guardianship and trusteeship authority has nothing to do with it - the child is YOURS, not your ex-husband’s brother!

Instructions for preparing a deed of gift for an apartment. For example, a native son or daughter begins to literally kick their parents out onto the street, frightening them with the fact that the rights to the apartment now belong to them.

Yes! You are not a member of his family!

Where to write? A child cannot be deregistered anywhere. NO DECISION BY ANY COURT. Until the age of 18, both will not be deregistered (because the mother is responsible for the minor). and then - they can (after adulthood)

According to the current housing code, you and your child can be deregistered by court decision, and easily. And what they wrote to you above, that a minor child cannot be deregistered, is nonsense.

The wife will be discharged, but there will be problems with custody of the child.

According to Art. 20 of the Civil Code of the Russian Federation, the place of residence of minors is the place of residence of their parents. If your daughter's father is not registered in this house, its owner can stop registering both you and your daughter. You will be discharged exactly like a former family member. And the court will most likely oblige the child to be registered at the father’s new place of residence.

Superdom.UA - House as a gift, registration of deed of gift...

If you don’t live there, then through the court they will write you off in no time, and if you do live, then it will be more difficult for them, although in practice it often happens that they will also write you off. there are many different nuances, this will be decided by the court, good luck!

Alas, yes. It has.

If the documents for the ownership of the house and land are ready, then where to start drawing up a deed of gift for your daughter?

Draw up a donation agreement, sign it and submit it to the Rosreestr office for registration.

How much will it cost to formalize a deed of gift for 1 2 houses from a mother to her son? Count on 800 bucks. How much does it cost to issue a deed of gift from mother to daughter with all payments?

From the drawing up of the gift agreement

From a gift agreement.

If the father deeded the house as a gift to his daughter. So can she sell the house on her own without his permission?

Certainly. she became the owner

Having lost my rights! Agreements. procedure for registering a deed of gift for a house from a mother to a daughter. how to decorate your yard with your own hands.

Of course, maybe, this is her house, it was given to her. This means he has the right to dispose of it at his own discretion.

In cases where she is legally capable and of legal age, she can sell...

Yes, sure. She's the owner

If she's 18, then it's easy. The owner of the apartment does not need permission to dispose of this apartment.

Yes, if she has already received the title deeds.

Registration of inheritance for a house. Donation of an apartment to a daughter’s parents

1) YES 2) maybe

It depends on the conditions under which the apartment was donated. If she is the sole owner and does not undertake to support her father, then yes!

Five years ago, my stepfather issued a deed of gift for my mother’s apartment. Does his daughter have the right to a share of the inheritance in the apartment?

No. Categorically.

Through the menu of registration of the mother for the procedure for her daughter's house from the deed of gift.

50% of 100% YES 50% of 100% NO

If the stepfather was legally competent when registering the donation, and this is probably the case, then his daughter has nothing according to the law, and if in good conscience and humanly, then you should share with her - in fact, this apartment is not yours and you need to think about it and not offend his daughter. Men often don’t think about children - you need to put yourself in the place of this daughter - isn’t it a shame.

Doesn't have it.

I am the heir of the 1st stage, but the deed of gift is issued to my daughter, can I sell the house?

Hello. Tell me how to properly draw up a deed of gift for a house. How is a deed of gift for a privatized apartment drawn up from mother to son, step by step? After drawing up a deed of deed for an apartment or house, you need to register it with the Federal Office. I drew up a deed of deed for my daughter with a lawyer.

If the deed of gift is registered in the name of a daughter, then the property is already hers! Whose heir of the 1st stage are you?

..how is this house not yours...

Everyone needs to write a waiver and apply it to one person.

A deed of gift is a document that cannot be disputed... practically!!!! This is a GIFT! . I sympathize, be happy for your daughter!

What are you the heir to? What is not at home goes without saying. Therefore, you can only sell the house with your daughter’s power of attorney.

The apartment is the property of the wife. When drawing up a deed of gift for a daughter, is the husband’s consent required? If all the documents for the purchase of an apartment by your mother have been preserved, then her... how much does it cost to donate ownership of a house and land from mother to daughter?

The deed of gift came into force from the date of registration with the MBTI and after that it is not the donor but the gifted owner of the position, even if the daughter is a minor.

The testator disposed of his property during his lifetime by donating it. therefore, you do not enter into inheritance rights to the house and, accordingly, cannot sell the house

Daughter’s house, the rest of the inherited property, if any, yours.

After registration of the deed of gift, the house is the property of the donee, you are the heir to the property that was the property of the one whose heir you are

You are not the owner, so you have nothing to sell. you will be the heir when the inheritance case is opened.

How much will it cost to formalize a deed of gift for 1 2 houses from mother to son? Inheritance is free!!! Please tell me, dear lawyers, how can I draw up a deed of gift for my daughter’s house without her presence? What documents are needed from her? sp.

You are your daughter's heir. She is the owner of the house.

You are the heir to the property. which belongs to the testator at the time of death. Since the house belongs to your daughter, you cannot inherit it (only after the death of your daughter, if you survive her), and you cannot sell it either

No, if there are grounds, then go to court to cancel the gift agreement and include the property in the inheritance. If everything works out, you can sell it later.

The owner is already your daughter. The order in this case does not matter.

So if the testator died, then the deed of gift is no longer valid since your daughter did not register it in her name. You need to inherit and sell. Here you need to know whether she managed to take over or not. If not, then the house goes to the inherited estate. So go ahead for the orders. She can play the fool and try to register, but you can challenge this...

If the house is the daughter's personal property, it is better to formalize the deed of gift in simple written form. Let the mother draw up a will. Its registration, like a deed of gift, will not require a lot of money, and mom will be calmer.

How much does it cost to register a deed of gift for an apartment with a notary? we are close relatives (mother and daughter)

A notary is not needed. Draw up a gift agreement and go to Rosreestr.

Start with the cadastral passport for the house, this is the longest of all registrations. A gift from a mother to a son is tax free, a non-granddaughter, 16 years old. But my grandmother has two children, a daughter - my mother, and a son - my uncle. My uncle does not live with her. Will he be able to challenge this deed of gift?

A notary is not required to certify a gift agreement. Registration costs 1,000 rubles, and you are exempt from gift tax. The contract itself can be downloaded from the Internet, but it is better for a competent person to draw it up for you; I think thousands will print it for you in 2-3.

The mother issued a deed of gift for an apartment for her daughter. The son is disabled, group 3. Can he challenge the donation?

With a living mother - no, he does what he wants

Can a daughter inherit a house after her mother’s death if the mother has deeded it to her sister’s grandson? What is better to make a will or deed of gift for the house from the mother to her son? So that there are no special problems. Donation during life.

If a gift for real estate is issued from mother to daughter, does the daughter need to pay tax? If so, is there a large tax?

No! When donating between close relatives, personal income tax is not paid!

Category leaders. where to start drawing up a deed of gift for an apartment from the mother to the daughter? Draw up an agreement. We also need legal documents and an extract from the house. books and passports. Come to the reg. ward, hand over all this.

No no need. Daughter is a close relative, heir of the 1st stage.

No need. Canceled.

Is it possible to challenge a deed of gift for a house? The mother died in January of this year, before her death she drew up a deed of gift for her daughter, but she

It is forbidden. Freedom of expression of the mother. Unless her son was completely dependent on her due to disability. Or the son may start a legal battle regarding the mother’s mental incompetence at the time of the donation. But the chances are close to 0. The will of the testator has nothing to do with it. This is GIVING

What is needed to formalize a deed of gift for a privatized mother's 1 2 house for her daughter Deed of gift Will or complete re-registration of the house Is it possible to make a deed of deed for a house, my father wants to make a deed of deed for me, do I need consent from my mother?

No, this is the will of the testator

No! I should have taken care of it earlier.

No reason no

Persistent chronic mental illness is a very powerful argument in favor of recognizing the deed of gift as illegal. This fact must be proven in court by presenting medical reports and examinations carried out during the life of the donor.

If there are no grounds for recognizing the transaction as invalid, then you will not be able to challenge it.

If a deed of gift transfers a share of an apartment or house that is the joint property of several parties, and one of them is the Donee, the consent of the remaining co-owners to draw up a deed of gift is not required, for example, mother, father and daughter...

The mother issued a deed of gift for the house for her son, but there is also a daughter. After the death of the mother, can the daughter claim the donated house?

No, he can not….

Can not. You can challenge a will, but not a deed of gift.

No, he can not.

No. Can not.

No, he can’t, since the house has already been given to his son... is only his property

No!!!

Most often, deeds of gift are issued for apartments and houses. How to register a deed of gift for an apartment or house? If a mother wants to register her share in her daughter’s name, the father’s consent for registration is not required.

In no case. This is already someone else's property.

No, he can not. Only if it proves that the deed of gift was executed with violations. If the daughter was registered in this house, then no one has the right to sign her out, even if the owner has changed.

You can apply for anything, but the deed of gift is the final decision, and the same goes for the court.

No, it cannot, but you can challenge both the will and the deed of gift, only if there are grounds

Only if he proves in court that the transaction was made by the mother in a state where she could not understand the nature of her actions and their consequences or under pressure. Otherwise, no, it can’t.

The value of the gift from the daughter to the mother. Your name Your phone number 7 -. Send a question. How much will the deed of gift for the apartment cost? my daughter buys an apartment in Orel and wants to issue a deed of gift to me, what documents are required and how much does it cost?

She can also lay claim to my apartment, but what is the result? If only the donation agreement is canceled, and this is how difficult it is. Article 578. Cancellation of a donation 1. The donor has the right to cancel the donation if the donee has made an attempt on his life, the life of one of his family members or close relatives, or has intentionally caused bodily harm to the donor. In case of intentional deprivation of life of the donor by the donee, the right to demand in court the cancellation of the gift belongs to the heirs of the donor. 2. The donor has the right to demand in court the cancellation of the donation if the recipient’s handling of the donated item, which represents great non-property value for the donor, creates a threat of its irretrievable loss. 3. At the request of an interested person, the court may cancel a donation made by an individual entrepreneur or a legal entity in violation of the provisions of the law on insolvency (bankruptcy) at the expense of funds related to his business activities within six months preceding the declaration of such a person as insolvent (bankrupt). 4. The gift agreement may stipulate the right of the donor to cancel the gift if he survives the donee. 5. In case of cancellation of the donation, the donee is obliged to return the donated item if it was preserved in kind at the time of cancellation of the donation.

No. The daughter will be able to claim part of the property belonging to the mother at the time of death. The house is already the property of the son, and the daughter cannot lay claim to it under any circumstances.

Is the gift agreement registered with the Federal Reserve System?

Mom issued a deed of gift to her new husband. What can I do as a daughter?

Challenge the gift agreement

My mother gave me real estate - she gave me 5 thousand for registration and I gave 7 thousand. I live in Almaty, I’m divorced, I don’t have my own children. I want to draw up a deed of gift for a house for 2 minor children, they are 10 years old, they are not my family , but I would like that when they...

Now it’s okay if the mother is the only owner. You can only file a lawsuit for the division of property in the event of the death of the mother.

Nothing. If she is the sole owner, then she disposes of HER property at her own discretion.

If your mother, being the owner of any property, gave it to someone (no matter, a relative’s husband, a passerby), you cannot do anything, since the owner has the right to dispose of the property at his own discretion...

Only challenge the Donation agreement in court.

Is your mother incompetent? to challenge the deed of gift? she has the right to dispose of her property

He inherited 1 3 parts of the house from his mother... more 1 answer. Moscow Viewed 46 times. If a deed of gift for real estate is issued from mother to daughter, does the daughter need to pay tax? If so, then a large tax?.. more 1 answer.

How was the apartment acquired? Isn't it privatization by chance? dont clear.

Absolutely nothing.

Nothing. If the gift deed was drawn up in the registry office, then your mother’s husband became the owner. You cannot challenge the contract while your mother is alive, and even less so after. Although there may be some nuances (how your mother got the apartment, maybe you have a share there that you didn’t know about?)

On what basis? The owner has the right to own, use and dispose of the property at his own discretion.

The mother formalized a deed of gift for her house to her daughter, but left nothing for her son. Does the son have a share of the house and can he sue?

Calmly got there

We are afraid of losing the apartment. Is it possible to issue a deed of gift for the mother, i.e. for me and how much does it cost? What documents will be required to draw up a deed of gift for an apartment for my daughter. I am the only one registered in the apartment and I am also the only owner.

Glycine, how is that?!?

Mom is the owner, has the right to dispose of her property as she pleases, sell, exchange, give as a gift to anyone... After the donation, the daughter is the full owner. If it were possible to “sue” the donated property, then the donation would lose all meaning. If you wish, you can, of course, sue... but my mother expressed her will, most likely being in good health and mind...

Sister is normal... share

No, he can not. The owner has the right to dispose of the property at his own discretion, the consent of relatives is not required

It can, provided that he is either disabled, or a minor, or a pensioner

In real estate, let’s say a mother wants to formalize a deed of gift of her share for her son or daughter living in the same apartment in the house, then there are no expenses for registering a deed of gift. When the donor wishes to issue a deed of gift for the share of a house or apartment to one of…

My mother is the owner of the apartment where my brother lives. To draw up a deed of gift for a daughter, do I need my brother's consent?

If he is not the owner, but simply registered, his consent is not needed.

Mom has the right to dispose of her property herself and should not ask anyone.

Mom is the owner and she has the right to dispose of her share as she pleases

Privatization of an apartment for the mother for 40 years, is it possible to re-register this privatization for the daughter? ( in Belarus)

Prepare a deed of gift.

Registration of a deed of gift for a house. My husband and I divorced, we have one daughter together. 18 years ago, a month before marriage, my husband took in two daughters with psychological disabilities and a 5-year-old child living with his mother’s sister. I have also been registered in the house since 2006.

Only a deed of gift from the mother to the daughter.

You can issue a deed of gift for a house /father-daughter/ if there is no title to the land assigned to the house yet.Ukrainian

Where to start drawing up a deed of gift for an apartment from a mother to a daughter?

Draw up a gift agreement and register it in the registry office. ward If you do not have a cadastral passport, then order one.

Rules for registering a deed of gift for a car. How to draw up a deed of gift for a house, documents and procedure. For example, a father gives half of the house to his daughter and half to his son.

From the fact that the mother takes documents for the property, her passport, and the daughter takes her passport. They both take the money and go together to the notary, who draws up the gift deed. Then the daughter takes the notarized contract and goes to the registration chamber and re-registers the property in her name. And, in conclusion, a “gag.” The daughter never forgets that her mother gave her an apartment. and she will never be tempted to repay her mother with black ingratitude, which, unfortunately, often happens in our lives.

A notary is not needed. Moreover, there are no state notary offices in the Russian Federation. If the cadastral documents are old or were made before 2001, then order new ones. Draw up a contract. We also need legal documents and an extract from the house. books and passports. Come to the reg. ward, hand over all this. Duty 1000 rub. In a month you will receive a new certificate and registration. documentation. Write to me if you are in Moscow.

It is enough to draw up a gift agreement in simple written form - mandatory notarization of the agreement is not required, but it can be done if the parties wish. Required documents: 1. Receipt for payment of state duty; 2. Donation agreement – originals according to the number of parties + one for the registering authority; 3. Certificate of state registration of the Donor’s property rights; 4. Title document for the apartment; 5. Cadastral passport; 6. Extract from the house register (the original is no more than one month old); 7. Notarized consent of the spouse or a notarized statement that the person was not married at the time of purchasing the apartment, if such documents are required in accordance with Art. 35 of the Family Code (original); 8. Passports of the Donor and the Donee.

Is your daughter of age? From the BTI, you need to order a cadastral passport and a certificate of value. Then take the title document, papers from the BTI, passports, birth certificate and draw up a gift agreement. The agreement can be drawn up in simple written or notarial form, the main thing is that it is drawn up by a competent specialist (don’t be fooled by the nonsense about a “standard agreement from the Internet” - this is fiction, each agreement is individual), the price for a gift between close relatives is almost that and it works. Then you sign it and submit it for registration to the local branch of Rosreestr (aka Registration Chamber, Justice, etc.). If your daughter is not yet 18, then for the transaction you will need her father to represent her interests in the transaction, if there is no father, i.e. you are officially a single mother or your father has died, then you will need to go with your friend to the guardianship and trusteeship authorities and get There is a paper there that they instruct your friend to represent the interests of your daughter in this transaction, the rest is still the same.

How and where can I make a deal?

There are two options for how you can issue a deed of gift:

With personal presence.
Without personal presence.

The first method is more preferable, since you can never exclude the possibility of fraud and it is better to protect your rights yourself, whether you are the donor or the recipient. There are two options where you can contact in person:

Rosreestr. This is a special government agency created specifically to register contracts related to the transfer of property from one hand to another. No matter which way you go, the transaction will still be registered here. So this is the most standard way. In addition, some innovations make the procedure for visiting this authority easier. For example, the ability to make an appointment in advance.
Multifunctional Center. The MFC is a special authority created to enable citizens to interact with the government on more comfortable terms. Here they will help you with paperwork, tell you what and how to fill out. It should be understood that the multifunctional center is an intermediary and not a registration authority. You can come here, fill out an application, submit all the documents, and MFC employees will still transfer them to Rosreestr. Most citizens note that this method is more convenient for the common person.

But if you are not able to appear in person to conclude the transaction, there are ways to formalize the agreement without your personal presence:

Send a trusted person in your place. Here you need to foresee everything in advance. Another person will not be able to speak on your behalf just like that, much less will have the right to sign the application. Therefore, you should contact a notary in advance and issue a power of attorney in the name of the person who will represent your interests. Usually this is a hired lawyer or advocate, but often they send relatives or just friends who have agreed to help.
Letter. An application to Rosreestr can be sent by mail. But here one important detail should be taken into account: in the letter, in addition to the documents and the application itself, there must be a list of all investments, as well as a notification of delivery. In addition, all papers contained in the envelope must be certified by a notary. This is a fairly convenient method if you are far from the populated area where the transmission facility is located. The main thing is to send a letter to the Rosreestr office at the location of the apartment.
Electronic application. One of the innovations of Rosreestr is a website where you can safely submit an electronic application for registration. Similar to the previous option, only now it is sent not a paper letter, but an e-mail. This is quite convenient, but this method has a significant disadvantage. To use it, you will have to obtain a special enhanced qualified electronic signature in advance. You can get it from the Ministry of Communications by providing your passport and SNILS. It is a special file stored on a digital medium. This file is the only way to access this kind of Rosreestr services.

Donation agreement

If the decision to donate an apartment has already been made, it is necessary to complete the registration. How to register donating an apartment to your daughter? How to give an apartment to your son? This can be done in various ways. Both oral and written forms are acceptable. There are situations when only a written form of agreement is acceptable.

It belongs:

to situations where real estate is given as a gift;
Instead of formalizing a deed of gift, we are talking about a promise of donation.

Expert opinion

Romanov Igor Severinovich

Lawyer with 7 years of experience. Specialization: civil law. Extensive experience in developing legal documentation.

The second option needs some explanation. The fact is that a gift agreement can provide for both the donation itself and fix the obligation to donate something later. This is exactly what we are talking about here.

Notarization of such an agreement is not mandatory, but it can be done if the parties wish.

In principle, you can draw up an agreement yourself, but there are a number of important requirements for it, so inviting an experienced lawyer to draw up such an important document would be a reasonable step. He will tell you in detail how to properly draw up a deed of gift for an apartment.

It should be understood that although this procedure does not require notarization, it will subsequently need to be registered with government agencies. To do this, a number of rules must be followed when writing a document.

Subsequently, it will also be necessary to re-register ownership of the property for the new owner. In the future, in some cases, litigation may be possible to challenge the transfer of an apartment as a gift.

Advantages and disadvantages

Like any transaction, a deed of gift has its positive and negative sides.

The advantages include:

Ease of contract execution. When drawing up a gift agreement, you can use the form provided and not waste time and money contacting a lawyer. It is quite possible to draw up a contract yourself. The main thing is to compose it carefully. The slightest typo will result in the documents being returned.
Contacting a notary at the request of the parties. The parties are required to visit a notary's office when drawing up a gift agreement only if the gift is a share in the apartment. If the apartment is transferred in full, then it is not necessary to contact a notary. But notarization will reduce the likelihood of challenge, so it is better not to neglect it.
Tax exemption in case of sale. When selling an apartment within 5 years from the date of purchase, the seller will pay 13% of the cost of the apartment as personal income tax. And when selling a donated apartment - only for three years.

Disadvantages of a gift agreement for an apartment:

The contract is easy to challenge in court. If the parties have not certified the document by a notary, then the relatives of the donor can go to court within 1 year from the moment they learned about the transaction.
The donor loses the right to the apartment from the moment the transaction is registered. The agreement cannot contain counterclaims, so it is impossible to provide for the possibility for the donor to continue to live in the apartment. For citizens who do not own another home, using donation is dangerous. The donee can evict the former owner and deregister without his consent at any time.

Rules for drawing up a contract

The donation agreement for an apartment is drawn up in writing. The document must include the following items:

Document's name. At the top of the form you must write the word “Agreement”.
Date and place of execution of the contract. The date is indicated when the parties plan to contact Rosreestr or a notary. The city in which the apartment is located is indicated as the place of registration.
Details of the parties (full name, passport details, place of permanent registration).
Information about the apartment (address, cadastral number, total area).
Cadastral value of the apartment.
Rights and obligations of the parties. Here the parties can provide for who pays for the state registration of the transfer of rights, the possibility of returning the apartment to the donor in the event of the death of the donee, the right of the donee to refuse the gift before the state registration of rights.
Details and signatures.

The gift agreement is prepared in 3 copies: one for each of the parties and one for Rosreestr. If the parties plan to notarize the agreement, an additional copy will be required for the notary.

Sample gift agreement

Possible mistakes

Remember that the transaction must always be brought to its logical conclusion, without stopping at a visit to the notary. There are often situations when the transaction was not completed and, accordingly, is cancelled.

For example, a family of 4 people lives in one apartment. Family composition: father, mother, daughter and son. After some time, the son gets married, his parents buy him a separate apartment and he moves. The father and mother draw up a deed of gift for their daughter, have it certified by a notary, but forget to hand over the documents for re-registration of the property. The certificate is kept by the daughter, who does not understand that without registration the document has no force. A few years later, the father dies, the son applies for an inheritance and the apartment is legally divided into his wife, daughter and son, as first-line heirs, although it was originally intended that the property would remain only for the daughter.

Another common mistake is signing a deed of gift by a partially incapacitated or completely incompetent person. Such mistakes very often occur even in close-knit families.

Example:
The owner of the two-room apartment is a grandmother. She has a son who lives in another city and has not visited her for years, and a daughter A who lives with her. Daughter A has her own young child, they all live together in an apartment. The grandmother repeatedly said that she was going to give the apartment to her granddaughter, but did not document this. Daughter A agrees with her mother’s decision, because she is confident that she will live on this property while caring for the baby. But suddenly the grandmother partially loses her legal capacity, which is reflected in the medical documents. Daughter A takes her mother to the notary to make a deed of gift for the apartment. The notary accepts the transaction because he is not aware of the current situation, and the property is re-registered to the granddaughter. After the death of the grandmother, her son is announced, who finds out about his incapacity, he raises medical documents and submits papers to the court to terminate the contract. The court, seeing that the grandmother was partially incompetent, breaks the deal. As a result, by right of inheritance, daughter A receives ½ part of the apartment and the son receives ½ part of the apartment.

What is a deed of gift for an apartment and how does it work, how does it differ from a gift agreement?

A gift deed is a written document. By the way, this is what is called the deed of gift. In legal terminology, there is no such document as a deed of gift. But this does not prevent people from actively using it in colloquial speech.

The donation procedure is regulated by Chapter 32 of the Civil Code of the Russian Federation. It establishes the rules and features of this transaction. Giving is a two-way transaction. You cannot give property to a person without his consent.

The following donation options can be distinguished:

1 Between close relatives. This is the most popular and profitable gift option. The donee is exempt from paying personal income tax, so the costs of the procedure are minimal. Close relatives include children and parents, grandchildren, grandparents, brothers and sisters.

2 Between spouses. Spouses have 2 types of property: personal and jointly acquired. Personal property includes purchases made before marriage, as well as things received as a gift, inheritance and under a privatization agreement during the marriage. Marital property is property purchased during marriage. Property is considered joint, even if it is registered in Rosreestr in the name of one of the spouses. But spouses can enter into a prenuptial agreement or an agreement on the division of joint property in order to determine for themselves which property will be personal and which property will be joint. It is not possible to register a gift in relation to joint property. An apartment can be gifted to a spouse only if it is the personal property of the second spouse.

Example

Igor and Natalya entered into a marriage contract. According to the agreement, all property recorded in the name of each spouse is his personal property, and debts are the personal debts of the spouse. After the wedding, Igor took out a large loan. He had problems with payment. To prevent the bailiffs from describing the apartment received as an inheritance, the man drew up a deed of gift for his wife. Due to the marriage contract, the bailiffs cannot foreclose on the apartment registered in the name of the wife.

3 Between strangers. Outsiders include distant relatives, ex-spouses, other citizens, and organizations. The owner can donate the apartment to anyone. But the recipient will have to pay a tax of 13% of the cost of the apartment.

Example

Irina was a volunteer at an animal shelter. The premises in which the office was located were considered unsafe. Irina drew up a deed of gift for an apartment inherited from her grandmother so that the organization could locate an office there.

Situations

What is better to choose when registering an apartment for a relative: donation or purchase and sale?

Often relatives, instead of buying and selling an apartment, draw up a gift agreement. As a rule, this is done so that the apartment becomes the personal property of the donee, and his wife cannot claim a share.

Example

Lera and Vlad got married. Lena's parents decided to give them an apartment for their wedding. To prevent the apartment from being divided in the event of a divorce, they signed a gift agreement. When the couple divorced, Lena remained the sole owner of the apartment.

There is no need to use a gift agreement if the transaction is executed fictitiously and the recipient will transfer money for the apartment without an agreement, for the following reasons:

The donee will not be able to claim a tax deduction. When registering a sale and purchase, he will be able to receive 13% of the cost of the apartment. A gift is a gratuitous transaction, so no deduction is provided.
The spouse of the donee can go to court and have the gift declared invalid if she proves that money was transferred for the apartment. As a result, the court will recognize the apartment as joint property and divide it in half.

Therefore, it is recommended to draw up a gift agreement only if a relative actually transfers the apartment free of charge.

Gift deed or will, which is better?

In general, inheritance and will transactions are similar. The owner independently chooses the recipient of the apartment, and the recipient can agree or refuse to register the property in his or her own name. In both cases there is no need to pay personal income tax. However, the deals have a number of differences:

Differences	Donation agreement	Will
Decor	You can arrange it yourself. Contacting a notary is only required if the object of the donation is a share in the apartment.	It is necessary to register with a notary or persons who replace him (chief physician, captain of a ship, warden of a prison, commander of a military unit)
Price	If you register without the services of a notary and lawyer, then you only need to pay for state registration of the transfer of ownership (2,000 rubles)	You need to pay a notary fee for registering a will. In 2020, the cost of a will is at least 1,000 rubles. After the death of the testator, you need to pay a state fee in the amount of 0.3% of the cost of the apartment and a state registration fee of 2,000 rubles.
Transfer of rights	During the life of the donor	Within 6 months after the death of the testator

How to draw up a deed of gift for a share in an apartment

The deed of gift for a share in an apartment is drawn up in the same way as a deed of gift for the apartment as a whole. Only the contract must be certified by a notary.

The donor does not have to ask the co-owners for permission to donate a share. The exception is the situation when the share was acquired during marriage. In this case, you need the notarized consent of the donor's spouse.

How to find out if there is a deed of gift for an apartment

From 03/01/2013, the gift agreement is not subject to registration. You only need to register the transfer of ownership in the Unified State Register. Therefore, it is impossible to find out about the existence of a gift agreement until the parties have contacted Rosreestr and registered the transfer of ownership.

If they have already contacted Rosreestr, then the information can be obtained by ordering an extract from the Unified State Register of Real Estate. This can be done through the MFC, branch or website of Rosreestr. The cost of an electronic statement is 350 rubles, in paper form – 650 rubles.

The extract indicates the current owner of the apartment and the grounds for the emergence of ownership rights.

That is, if a deed of gift has taken place, then the donee will be indicated as the owner, and the gift agreement will be indicated as the basis for acquiring ownership rights.

Is it possible to draw up a deed of gift without the presence of the donee?

The donor can draw up a gift agreement independently, without the participation of the donee. It is enough to have a copy of his passport.

But it is impossible to certify a document with a notary or register the transfer of rights in Rosreestr without the donee. The Civil Code provides for the need to obtain the consent of the donee to make a gift. That is, he must be present himself or send a representative with a notarized power of attorney.

Is it possible to rewrite a deed of gift?

You can rewrite the deed of gift until the parties sign it. From the moment the signatures are affixed, the document is considered concluded. It can be changed by agreement of the parties or through the court.

If the donor, after signing, does not want to visit Rosreestr and apply for state registration of the transfer of ownership, then the donee can go to court and force him to take legal action.

When does the deed of gift for an apartment come into force?

The deed of gift and the agreement of promise of gift come into force from the moment of their signing. But the right to an apartment arises only from the moment of state registration of the transfer of rights. That is, the donor is considered the owner of the apartment until changes are made to the Unified State Register.

Is it possible to issue a deed of gift for an apartment with a mortgage?

In accordance with Art. 37 Federal Law of 1998 No. 102, you can issue a deed of gift for an apartment with a mortgage. But for this you need to obtain the consent of the creditor bank.

As practice shows, when concluding a mortgage lending agreement, banks include a clause prohibiting donations. Therefore, although there is a legal possibility of donation, it is difficult to implement it in practice.