The contract of gift

Virtually every person in property has some property, movable and immovable, which he can dispose of, as he deems necessary: he can sell it, exchange it, give it and even destroy it. In some cases, in order to make a gift, it is necessary to conclude a gift agreement, which confirms the free transfer of the thing to another person. It is drawn up in writing and must be signed by both the donor and the donee.

In order to make the contract legally competent, it is better to turn to a lawyer. You can make it yourself. It must be remembered that donation is carried out on a non-reimbursable basis, and therefore the contract can not prescribe any conditions (after death, care, etc.). It is not necessary to indicate the value of the property in the contract.

What are the requirements for drafting the contract?

Without fail:

- It is necessary to reflect the passport data and indicate the address of the place of residence;

- describe in detail the subject of the contract. In the case, for example, if this is an apartment, you need to specify the address of the apartment, the number of floors in the house, the floor, the number and the total area of the apartment, and the number of rooms.

- specify the documents that fix the rights of the donor to the property.

After signing this agreement, the parties need to register a gift agreement with the state body for registration of real estate rights. Only after this, it is deemed to be duly executed and may be legally effective.

What documents for donating an apartment you need to provide at registration?

1. 3 copies of the gift agreement;

2. documentary evidence of the right to a dwelling;

3. passport from BTI;

4. General civil passports;

5. receipt of payment of state duty for registration of the contract.

Registration is carried out within a month. You will also have to pay a state fee for the transfer of ownership.

Taxation of gift

If the apartment is donated, the taxable person is paid a tax. Its rate is 13% of the value of the property (apartment). In the event that the gift agreement is concluded between close relatives, family members, then it is not necessary to pay the tax. Therefore, it will be necessary to provide documents confirming family ties of the parties. Such documents are: marriage certificate, birth certificate, court decision, etc.

It is possible to cancel the contract in case of deliberate infliction of physical harm (bodily harm) on the donor to the given person, attempt on his life or members of his family. If the donee has committed the murder of the donor, then the right of demand for cancellation passes to the heirs. The donor at any time can apply to the court and challenge the contract if he believes that his rights are violated.

It is not necessary to conclude a gift agreement immediately, as it can be promised. The promise must be duly formalized. It must also be drafted in writing and be registered by the same rules. The promise must contain a clearly expressed intention to transfer the thing to a concrete person in the future free of charge. The thing should be described in detail, otherwise the promise can be considered void.

In the event that the donor has died, his heirs must perform the gift and transfer the thing to the specified person, unless otherwise provided by the contract.

The donor, in order not to deal with the execution of the contract himself, because of age, lack of time or other reasons, can through a notary draw up a power of attorney for the one who will represent the interests. In this power of attorney must be reflected information about the property - the subject of the contract, as well as the data of the donee. If these conditions are not met, the power of attorney can be recognized as null and void.