Recently, many citizens have been wondering how the gift certificate for a house and real estate in general is made out. What are the nuances of this process? The gift contract is what interests the heirs mainly. So that a real war for square meters does not break out between them, relatives try not to share the inheritance, but simply write gift certificates. What does that require? What features are there in the process?
When to draw up
First you need to understand at what point you should deal with this case. Very often, people inherit without any gifts. But in order to prevent “squabbles” between relatives, a decision is made to draw up an appropriate agreement.
It is required to be concluded during the life of the owner. If he dies before signing the contract, the deed of gift will lose his. And you can only count on the entry into the inheritance. But at what specific age, the owner has the right to deal with this issue - this is his own business. The deed of gift for the house can be issued at any time. But during the life of the owner. It is important.
Who can be given
Another point that interests many: to whom exactly can you give real estate? There is no definite answer. The owner has the right to dispose of what he has as he wishes. A deed of gift to a house or apartment can, in turn, be written on any person.
It doesn’t matter whether the donee is the owner - a stranger or a direct relative. The main thing is that there are no restrictions on concluding a deed of gift here. Most often, of course, the gift of home is written to close relatives. In the same way as for apartments. This is a very good technique that is used in families with several heirs. You don’t have to share anything again. Everyone will receive his own and will be satisfied.
What is a deed of gift?
Donation to the house and the earth (or without it) - what is it? Not everyone understands the exact meaning and significance of this document. We heard this term, but in understanding it somehow does not fit.
A gift contract is the transfer of your property to any other person. The decision must be made by the donor independently, without selfish goals. Otherwise, the gift can be recognized as invalid.
There are two types of contract. It is instant and temporary. The first type immediately after signing transfers all ownership of the property from the donor to the donee. The most common option. And the second one is not so frequent. He determines that at some time in the future, the current owner agrees to transfer ownership of the house (apartment or any other object) to the donee.
Opportunities
There is another feature of this process. You should find out about it before you get down to preparing and preparing all the necessary documents. The thing is that the deed of gift to the land with the house (like any real estate) can be recalled by the current owner. This requires compliance with certain rules. For example, it is difficult to select a house that was donated according to an instant agreement. But a temporary donation here will be very useful.
What conditions can give you the right to recall? For example, if you can prove that you were pressured when making a decision. In this case, the contract is declared invalid. In addition, when the financial situation of the former owner after donation worsens for one reason or another, he has the right to withdraw the gift.But the changes must be significant. Acting on the principle of "what I want, then tossing and turning" is by no means impossible.
As already mentioned, registration of a gift for a house or any other real estate can be revoked due to the mercenary goals of the donor. Often it is for this purpose that a contract is concluded. But only the unspoken. The principle "I - to you, you - to me" is present only between the donor and the donee without any documentary evidence. Otherwise, the agreement, as in all past cases, is invalidated.
An attempt on the life and health of the former owner is also the basis for withdrawing the contract. It is difficult to prove such behavior. But if it succeeds, the gift will cease to be valid.
Taxes
The last point that is important when making gifts is taxes. They must be paid by many citizens. Not in all cases, but quite often. And at the conclusion of a gift agreement, these features have a place to be.
In what cases a donation to a house (apartment, land) will require payment of taxes, and in which not? Only close relatives of the donor are exempted from additional penalties. These include spouses, children, grandchildren, grandparents, parents, brothers and sisters.
It turns out that distant relatives, as well as absolutely strangers, will have to pay tax when concluding a deed of gift. Without this, it will not enter into legal force. In principle, not everything is so difficult to understand. But how to make a gift for the house? What documents need to be prepared here?
National tax
The first thing you need to pay attention to is the payment of state duties. The owner of real estate, who is going to draw up a gift certificate, is engaged in this matter. Without a state fee, you will not at all consider documents for a gift certificate for a house or any other real estate.
At the moment, the service will cost the donor 2,000 rubles. If during the case it was required to make changes and adjustments, then you will have to pay the fee again. True, in this case they will require only 200 rubles from you.
The state fee for the gift agreement is paid at the Rosreestr or at banks. The most popular method is through an ATM or payment terminal. In any case, save the receipt and check. Without them, paperwork for the house can not be carried out. A deed of gift is issued only upon presentation of the receipt.
Contract
Of course, the agreement itself is needed. This is perhaps the second most important document that you should have. It prescribes all the information about the house and surrounding areas with the address and footage. In addition, the donation contract must indicate the donor and donee.
Here all the conditions that will be observed are prescribed. It is also worth clarifying the type of donation to the land with the house. Otherwise, you will transfer the property (complete) to another person immediately after signing the agreement. And recalling it will not be so easy and simple. Is the contract drawn up correctly and in duplicate? Then sign it with the donee and collect the remaining documents for conclusion. There are a lot of them.
Together
Well, when the contract itself is available and the state fee has been paid, you can start collecting all other securities. The list has many items. The deed of gift to the land with the house will bring a lot of trouble with the collection of papers, if you do not worry about them in advance. This includes:
- passports of participants in the transaction;
- receipt of payment of duty;
- the gift contract itself;
- certificate of registration of property;
- cadastral passport (plan) for the house and land;
- a certificate from the BTI indicating the value of the house (if there is a plot, for him, too);
- certificate of family composition and citizens registered in the house;
- consent of other owners to the gift agreement (if any).
It's all. If the donor is married, an appropriate certificate and an agreement to alienate the property (when it is jointly acquired) will be required.These documents are submitted to Rosreestr at the place of registration and are considered for approximately 12 days. When there is no problem, the property becomes the property of the donee.
