How to arrange a gift for an apartment

How to arrange a gift for an apartment

Apartment donation agreement - the written consent of the owner fully give its property (a specific apartment) in the right of ownership to another person. Such a document may be decorated only in a notarial manner or at the place of registration of the owner itself, or at the place of registration of property. As a rule, the process of termination of such a transaction is rather complicated, and the result is absolutely unforeseen. Therefore, it is necessary to thoroughly consider the decision before proceeding to its implementation.

1
The procedure for registration implies the presence of two sides and is carried out within, strictly regulated by the Civil Code. The obligatory stage is to collect all the necessary documents and drawing up a contractual text in writing. In addition, you should know that the gift is important to assure the notary, since when the document is lost, it will be possible to get a copy of it.

2
From the list of important documents, the following copies should be allocated: a document confirming the rights of the owner to the apartment (purchase and sale, gift, lifelong content, the right to inherit or any other treaty), a certificate of BTI about the right of ownership of a specific real estate, form number 3 With an indication of those living in this apartment, a certificate about the book value of housing.

3
When executing a contract for an apartment acquired in marriage, without the consent of the second spouse, it is not necessary to do. Such consent is also issued and confirmed by the notary during the transaction or before it. If the apartment is intended as a gift to a child under the age of 14, it is important to obtain permission from the guardianship and guardianship to the transaction.

4
Using the registry of prohibitions for alienation, the notary establishes the presence or absence of the following situations: arrest of apartments, ban on alienation or deposit, burdened by mortgage, etc. If one of the above factors mentioned in the contract will be denied or the process will postpone indefinitely.

5
According to the Tax Code, the presented apartment is taxed income. However, if the recipient is the face of the first kinship - husband, wife, parents, children, the tax does not pay. But, unfortunately, even the grandchildren, who received an apartment as a gift from the grandfather, will be forced to pay a certain amount of money. When concluding the contract, payment is not checked by a notary, and the receipts to file there is no need.

6
Regarding the termination of the contract there are some nuances. It is possible to conduct a similar procedure when the gifted committed a crime against the relatives of the donor or directly to himself, when the donor survived the beloved. Otherwise, the donation contract is very difficult, it is even impossible in most cases.

By entering into such a deal, you should appreciate everything "for" and "against". It should be just a well-known person or relative to you. Otherwise, you can become a victim of one of numerous fraudsters, without even suspecting that.

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