Making a gift for real estate

In their lives, each person receives a variety of gifts. But to get a gift as an apartment or a house is the limit of dreams for a lot of people. There are such deals most often in related circles. The gift of real estate is the transfer of property by the owner on a non-reimbursable basis to another person. The decoration of the gift has several features in comparison with the purchase-sale:

- the resulting property is not subject to division after the termination of marriage by the former spouses;

- after the sale of such property, payment of the tax to the state is obligatory, except for the possession of property for more than three years; Donor for the registration of a gift Does not receive income, therefore, he does not have to pay tax. Also those who are paid receive exemption from paying taxes, who have received real estate from close relatives.

Before you start decorating a donation, you need to figure out what documents are required and how the documents are processed.

It is immediately necessary to take into account one point: according to the legislation of the Russian Federation, there are a number of restrictions, according to which donors and concubines may not be all. In some cases it is impossible to make a gift for real estate. Children who are under 14 years of age, their legal representatives and incompetent citizens can not act as donors. Citizens who work in social protection agencies, employees of medical and educational institutions, civil servants can not act as concubines if their clients or relatives of clients act as donors.

By law, in some cases, cancellation of the gift:

- the refusal of the donee from real estate, which was received under a gift contract ;

- if the actions of the donee in relation to the property given to him are capable of leading to its loss or damage;

- The unlawful act of the donee, often of a criminal nature, against the donor. At the death of the donator, the donative may be challenged in court and the cancellation of the transaction by its heirs is required;

- a change in the standard of living for the worse or loss of the donor's health as a result of donation.

When canceling the gift, a written refusal is written from the person of the person who canceled the transaction. The refusal in the relevant bodies is recorded.

Between the two parties (the donee and the donor), the decoration of the gift for the house is carried out by drawing up a gift agreement. He is subject to registration with the FRS. It is not necessary to certify a contract with a notary by law, but it is possible, if desired. This is convenient because when you lose documents you can always get a copy. All necessary documents and a gift contract are submitted to the FRS.

Documents required for donation to real estate:

• Documentation confirming the ownership of real estate, which is transferred to another person under a gift agreement.
• The document issued in the BTI, which provides an inventory assessment of the house (apartment).
• Information about residents and registered in a residential area.
• Documents certifying the identity of the donee and the donor.
• If the transferred premises are the property of several people, then an agreement on registration of a trust deed is required.