LawState and Law

Making a gift for an apartment

In order to transfer your property to another person, it is best to formalize a gift. Making a gift for an apartment has some advantages over a will. First of all, because such a treaty is almost impossible to challenge. It can be invalidated only if fraud was discovered.

A sample of a gift for an apartment can be found at a notary. It is better to formalize such transactions with this specialist. This ensures the reliability of the document. The services of a notary will not be very expensive, especially if it is a public one. The registration of a gift for an apartment has several stages. First you need to make the contract itself on the model. It is advisable that a notary be present at the same time.

However, the procedure does not end there. Completely to transfer property to property it is possible, only having addressed in FRS (management of federal registration service). Registration of the gift of the apartment is carried out in the presence of both the donor and the donee. The FRSF itself provides the gift and all the necessary documents for its registration. First of all, these are documents that certify the identity of the donor and the donee.

Next, you need to provide a certificate of registration of ownership of the property, which is donated. Also it will be necessary to provide a cadastral passport for real estate. If the donor owns the property on an equal basis with the spouse, then the consent of the second owner is required for the transfer of rights procedure. The consent must be in writing and notarized.

The donor must also provide a document that confirms his ownership. The document must be certified by the person who issued it. The property right registered in the USRPP is confirmed by the original document. If the rights in the EGRIP are not registered, then a script and a copy will be required. Registration of a gift for an apartment assumes the availability of a certificate from the BTI on the inventory evaluation of a dwelling. This is a necessary stage for the procedure.

Also need to provide a certificate of all persons who are registered in the dwelling. Making a gift for an apartment is a complicated process due to the fact that it is connected with the alienation of property. Fraud in this area is not uncommon, so the procedure is slightly burdened with paperwork. Do not complain about such red tape, because it guarantees the implementation of the act of donating by law. You can make a gift not only for the entire living space, but also for your share. In the process of privatization, many citizens received a part of the apartment. Therefore, if desired, any owner can commit the transfer of rights to his share.

Transfer of shares is much easier than complete registration of a gift for an apartment. In this case, even the consent of other equity holders is not required. But if it suddenly turns out that the apartment is shared and the part is alienated, then, of course, a written agreement will be required. If there are minors among relatives, then consent can be given by parents or guardians. Registration of a gift for an apartment can be carried out only by adults.

In a word, one generosity and kindred feelings for donating property will not be enough. We will have to tinker with the collection of all necessary certificates, negotiate with the second half, and also invest a small amount of funds. However, such a procedure will pay off. Because the contract of donation is so reliable that then it is impossible to challenge it. Even if the property will have a whole army of applicants of varying degrees of kinship, they will already be powerless to change anything. Most often, such contracts are concluded, of course, in favor of relatives. However, alienation to an outsider is also not uncommon.

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