Many concerns the question - what to choose in the design of the inheritance: a gift or testament? There is no unambiguous answer to it. It all depends on the circumstances. Legal and moral parties are addressed here. Most often, graduate is drawn up on close relatives. Expressing his will, the owner of the property can deceive someone's expectations or risks himself to be deceived.
1
The main difference of donation is that the object of donation immediately goes to the ownership of the heir. The testator who submits his property, for example, an apartment, immediately loses its rights to real estate. This makes it vulnerable, depending on the pupil and gratitude to relatives. The gift is transferred free of charge, without any conditions, oncoming gear. The main factor of this act is trust.
2
The object of donation can be any kind of property: apartment, house, machine, securities, things, money - everything you own. The only condition - for donation there are no complaints of third-party persons (not under arrest, not laid). Darment contract (gift) is usually compiled if the cost of a gift is at least 3000 rubles.
3
The object of donation becomes the property being believed since the entry into force of the contract. After that, the parties cannot change it. Although there are exceptions - you can draw up a delay agreement, i.e. promise donation - art. 572 of the Civil Code of the Russian Federation. This agreement is also considered to be a donation agreement, in the future it is necessary to place the transfer of property rights to the face specified in it free of charge. The main thing is that the contract is issued correctly, contained a clear intention.
4
For registration with domestic compiled a contract in ordinary written form. Mandatory details:
place and date of compilation;
Pho donor and gifted;
date of birth, place of residence of the donor;
passport details;
the essence of the contract of donation;
transferring property transmitted as a gift.
If it is an apartment, then describe it: address, area, number of rooms, floor. If the machine is given - specify its model, registration number, all identifying parameters.
5
After the gift contract is compiled, signed by both parties, it must be registered in state bodies Rosreestra(on the car - in Traffic police). Does not require notarial reaction agreement between close relatives. The registration service should pass the package of documents: a contract of donation, passport of the donor and belonging, the ownership documents transmitted as a gift (cadastral passport, etc.), the written consent of the Pubener's spouse to transfer property rights, notarized if it enters jointly acquired property , payment of state duty.
Durious is usually drawn up on a relative to prevent encroachment on property of all other family members. Denival beneficial to a well-known relative (wife, husband, children, parents, grandchildren, sisters, brothers), as it does not require payment of 13% of the tax received - article 217 Paragraph 18 of the Tax Code of the Russian Federation. Far relatives (cousins, aunt, uncle), citizens who are not related to the tax are not exempt from tax. The real estate transferred to the gift becomes the sole property of the believer and not divided, for example, when divorced.
7
The package of documents is considered by the registering authorities within a month. If there are no complaints about the contract, they register the ownership of the owner to the object of donation, the contract itself. Both documents are transferred to the donor and belonging.
The gift must be issued, observing all the requirements reflected in the legislation, otherwise the fact of donation may be appealed in court. It is still better to assure a notarious treaty to make it easier to prove in court the capacity of both parties to the contract, the lack of coercion. Put your signature under the contract, only if you do not have any doubts, carefully considering the consequences of the transaction.
Treaty on the Darment of the apartment (without encumbrances)
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1649
