Taking gifts - a pleasant lesson. If we are talking about expensive things - cars, art objects, real estate and others - they still need to be able to correctly give.
Most often, a significant gift is the apartment that parents or grandparents want to give. This popularity is related to the fact that the presentation cannot challenge other relatives. T. There are property hereditary claims in this case in the future are excluded. It is not divided when divorced, even if it is presented with the joint stay of spouses. As the law make such a significant gift as an apartment, hereinafter, in the article.
What documents are needed so that the apartment as a gift is properly
- Dear agreement.
- Paper confirming the identities of the transaction participants (passports). Statement issued on established requirements.
- Documents confirming the ownership of the apartment. If accommodation in the property appeared to 2000 g - certificate of registration of the right of the establishment document.
- Cadastral passport.
- If real estate in the share participation is notarized confirmation of other shareholders. They have the priority redemption right.
- Help from the guardianship authorities, in the fact that, when the giving of this apartment, the rights of people with disabilities, retirees or minor children who may be spelled out in it are not violated.
- The notarial resolution of one of the spouses of the gift owner, which is not against - if the apartment is enrolled in life.
All documents must be valid, extracts and certificates with wet seal of institutions, primary property agreement - is notarized. For example, with an expired cadastral passport, donation can be canceled.
Registration of the contract of donation
Requires attention to detail:
- Exactly indicated according to the passport data FIO of the participants of the transaction.
- Specifically described the subject of the transaction is the type of real estate object (which is the apartment), the full postal address, the size of the area - the overall and residential, the data of the cadastral passport. This detailing protects against the possibility of making a donation agreement is insignificant, t. There is invalid.
- The cost of the gift is for taxation, if a gift is made: a legal entity, distant relatives or formally foreign people. For the relative kinship, there is no need to fill this item - they are exempt from tax.
- Details of the primary guide document on the apartment.
- Giving can be done with the right lifelong living in her donor (her). This is necessary to specify in the contract.
Presenting a gift
Dear agreement comes into force only after registering it in Roserestre. After registration, the new property owner must obtain a certificate of ownership. This can be done through the Rosreestra, MFC or Cadastral Chamber:
- Personally.
- By sending a request by mail.
- Calling a specialist at home (service paid).
Time to issue a certificate of ownership
It is 10 days, if you need to adjust documents - delay a month to correct errors. Refusal to register only written and argued. The refusal can be challenged by submitting a complaint to the Rosreestr and a higher authority.
Having received a certificate of ownership of a presented apartment - you can celebrate and enjoy a gift.
By collecting the necessary documents and the design agreement of the gift you can do yourself, download from the Internet form or contact the notary. Notary participation will give confidence that everything is issued true, and if someone wishes to challenge a gift, he will act as a transaction, he remains one copy of the document.
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