Quite often, citizens are interested in what distinguishes a gift from a gift contract. Questions of this kind are often asked by various lawyers. How can I answer them? What should every citizen know about drawing up a gift and donation contract? The answer is not as difficult as it seems. If you carefully study the legislation of the Russian Federation, you can easily understand all the features of such transactions without much stress. What to look for first?
The concepts
First you need to understand what a gift is, and after that you have to study a term called a “deed of gift”.
A gift is called a method of transferring property from one citizen to another. The owner gratuitously gives one or another person part or all of his property. A similar document eliminates property and inheritance disputes in the family.
A deed of gift is an analogue of a deed of gift. Then how do these terms differ? Nothing really. A deed of gift is the colloquial, common name for a deed of gift. The second term is used primarily by lawyers. Accordingly, today we have to find out all the features of the design of gifts. What information will be useful to all citizens?
pros
Now it’s clear what a gift is. What are the advantages of this document? A similar method of transferring property is of interest to the bulk of the population. More and more often it is this scenario that is used in the decision of the hereditary debate.
What are the benefits of gift agreements? Among the advantages are:
- Possibility of cancellation after registration of the agreement. For this, certain conditions must be met. About them will be discussed later.
- Donated property is not considered acquired in a marriage. Accordingly, in a divorce, it will not be subject to division.
- Donations are an excellent way to transfer property (mainly real estate) to loved ones during the life of the testator.
- The document helps resolve family disputes. Typically, this paper helps older people share inheritance between children and grandchildren when there is no trust.
- You can draw up a donation agreement with a life-long stay of the donor in a particular apartment. It is enough to spell it out in the agreement.
The objects of the agreement may be different things. Any property of a person in Russia can be transferred using a gift to another person.
Features
It is clear how the gift certificate differs from the gift contract. This is one and the same document, it is drawn up the same way. Only the second term is considered legally literate.
Gifts have a number of their characteristics. For example:
- Donation of property or significant property on behalf of the minor owner is prohibited. For small things, this rule does not apply. It follows that gifts can be issued only by adult owners.
- Objects of a gift agreement are not only real estate. As already mentioned, much can be transferred to the new owner in this way. For example, exemption from certain obligations or transfer of claims to third parties is also executed using a gift agreement.
- The process does not imply the direct transfer of property to property. As was emphasized earlier, the owner may promise to renew the property for the donee in the future.In this case, a gift agreement is also concluded.
- Most often, a deal occurs between close relatives. Such persons are exempted from additional costs associated with obtaining property in the property.
Perhaps these are all the features that require the design of a gift. In general, to realize the idea is not difficult. It is enough to adhere to a certain algorithm of actions. But before that you will have to remember that the gift can be canceled. When is this possible?
About cancellation
In fact, everyone should know about such cases. Making a gift, as many believe, implies a 100% transfer of property into the ownership of a citizen. But this is not so. In certain circumstances, the former owner of the property may demand it back.
Among these situations, the following circumstances are distinguished:
- fulfilling the conditions of the gift will significantly worsen the financial or financial situation of the donor;
- the donee harmed the former owner or his relatives;
- the appeal of the new owner of the property leads to the destruction of the gift.
There are no more serious reasons for the cancellation of gifts. Therefore, just like that, the former owner of the property will not be able to regain this or that item.
Order of registration
Now a little about how the studied transaction is conducted. It is clear how the gift certificate differs from the gift contract. This is one and the same term. Accordingly, the registration of documents is the same. It is enough to follow some instructions.
To date, donations are made in the presence of a notary. Without this authorized person, the document will not have legal force. Parties must:
- Make a detailed donation agreement. It necessarily indicates all the conditions for the transfer of property into ownership of the new owner.
- Collect a specific package of documents. A complete list of it will be presented a little later.
- Contact a notary public. In the presence of this person to sign the contract. Attach to it all documents prepared in advance.
- To renew the property, if necessary, in state bodies.
Quick, easy, convenient. The only expenses that must be incurred in the amount of 100% are the costs of notary fees. As already mentioned, taxes and other expenses in case of transfer of property to close relatives do not take place. In other situations, the recipient must pay 13% of the value of the new property in the form of a tax charge.
Documents for the transaction
Obtaining documents for a gift agreement is usually not difficult. The exact list of required securities will depend on the type of property being renewed. Most often, in practice, donations are needed to transfer real estate into property of one or another person. In this example, a list of required securities will be offered.
Documents for the execution of a donation agreement for an apartment / house / land need the following:
- the contract itself in several copies;
- passports of the parties;
- documents indicating kinship with the recipient of the property (birth certificate, for example);
- marriage certificate (both sides, if any);
- certificates confirming the rights of the first owner to the property;
- consent of the spouse to the alienation of property (when it comes to joint ownership);
- extract from the BTI along with the personal account of the apartment;
- cadastral passport of real estate;
- the consent of all owners to the transfer of property (in case of shared ownership);
- consent of legal representatives (if legally incompetent or minors participate in the operation);
- technical passport of housing.
As a rule, there is no need for anything else. It remains to certify the gift contract with a notary, sign it and re-register the property in the ownership of the new owner.
About the text of the document
And how to draw up a deed of gift? This operation requires special attention.It is important to take into account that a citizen who decides to transfer property into property on a donation basis is required to do so of his own free will. As already noted, the transaction is the decision of the owner, which is adopted by him independently.
What does it mean? A notary will be able to assure a donation contract if the following information is in the text of the document:
- date and place of paper processing;
- information about the parties in full;
- data on the subject of donation;
- rights of the donor to the received object.
It is important to observe the legal literacy of donors. If a citizen requires life support for property or just cash, registration of a gift contract will be invalidated. All that the landlord has the right to do is to indicate the right to live in an apartment / house for life. Otherwise, it is necessary to draw up an annuity contract.
Where to go
But even this is far from all the important and relevant information regarding the topic being studied. Some people wonder where the donation contract is registered. As already mentioned, the operation is often implemented through a notary public. An authorized person certifies the validity of the transaction, after which you can deal with re-registration and re-registration of property.
Thus, today it is proposed to sign a gift agreement:
- in any notary's office (state or private);
- at the MFC;
- in the management of the Federal Registration Service.
The first option is the most common. Making a gift is far from the most difficult operation. After checking the document, the notary will issue a certificate for re-registering the property as property. You can contact the Rosreestr with this paper (for example, when it comes to real estate), after which the new owner will be able to fully use what he was presented with.
Contacting Rosreestr
How exactly is this operation done? The execution of a gift contract for communication with a notary does not end. If we are talking about real estate, you have to come to the Rosreestr or the traffic police to re-register the property.
With him, a citizen must bring:
- old documents on property rights to property;
- your passport;
- gift agreement;
- application for registration of rights;
- certificate from a notary public.
In exchange for the application, a person will be issued an extract with which a few days later it will be possible to obtain a new certificate of ownership.
Summary
From now on, it is clear how the gift certificate differs from the gift contract. It is one and the same term used by the population. Donation - the colloquial form of the term "deed of gift".
In addition, all the features of the design of such a procedure were presented to our attention. Now writing and registering donations will not cause problems.