How does the registration of the gift agreement take place?

The legislation of the Russian Federation permitsreal estate a variety of transactions. For example, an apartment or a detached house can be sold or even donated. How does registration of the gift agreement take place, what are the differences between this procedure and the purchase and sale?

To whom, what and how can you give?

You can give any property inproperty. The most common gratuitous transfer, i.e. donation, between relatives. A key feature of the procedure is the lack of commitment of the done party.

In other words, when concluding a gift agreementobligations are imposed only by the donor, he is obliged to transfer ownership rights to the donee. You can give not only the house or apartment entirely, can be issued a gift for a share in the apartment, regardless of whether the donor himself owns the whole apartment or only the part that he is going to give. When transferring ownership of a part of the existing real estate to another person, it is necessary to begin by determining the share to be given. You can give a specific room or several, or some part of an apartment or house.

Despite the lack of commitment from thedone-up, in order to register the gift agreement passed by all the rules, he has to express his consent to take ownership of the property. The donor has the right to enter into the contract some special conditions. For example, if the ownership rights to an apartment in which third parties are registered are transferred, the donor may require the donee not to write them out in compulsory form. Also, when transferring a gift, the owner may demand the preservation of the right to use some part of the property.

How does the registration of the apartment donation contract take place?

The main advantage of the donation deal forthe donee is evident - the free receipt of property in property. The giver, if he wishes, can cancel the deal and return the gift to his property. Despite its external simplicity, the donation is similar to a sale transaction. Like any other real estate transactions, the gift agreement must be registered with the Office of the Registration Service of the Russian Federation. Notarization of the contract This type is optional, but you can also perform this procedure if desired.

Registration of the gift contract takes no more thanone month from the date of submission of documents to the Rosreestr. A sample of such a contract can be downloaded from the website of state services and filled out independently, if you wish, you can contact the law firm for this. It will also require a certificate of ownership and a document confirming the receipt of ownership. This can be a contract of sale, as well as donations, privatization or documents that confirm the transfer of property into ownership by inheritance.

Registration of the gift agreement can not bewas carried out without a passport of the apartment from the BTI. Also need passports of the donor and the donee or persons representing their interests. If the contract is registered by the representatives of the parties, it is necessary to attach powers of attorney confirming their authority.

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