Today we will learn how to transfer ownership of an apartment. Is it possible to present a donated property to someone? This question excites many citizens. After all, a deed of gift in itself is an option to transfer real estate from one owner to another. What can be done, for example, with an apartment after this? Are there any restrictions? Or do you become a full-fledged new owner who is allowed to dispose of his property as he wishes? Can I sell a donated apartment? A gift or bequeath? What is needed for this, if such an opportunity exists?
The gift is
The first step is to figure out what a gift is. Only after that it will be possible to accurately answer our today's question. The thing is that a deed of gift is a form of transfer of property and property from one person to another. It is a very common option for families, when you want to give everyone something specific, and not to divide everything evenly and by will.
After signing the contract, the donee becomes the full owner of the home. So, the answer to the question of whether it is possible to present a gifted apartment has only one positive answer. And the process proceeds just like a regular real estate transaction. There are no difficulties or features here.
Will
What else should you know? For example, is it possible to bequeath a donated apartment? Frankly, such a question does not arise as often as it might seem at first glance.
In general, there is a similar opportunity. But only after you officially enter the ownership of the apartment. That is, as soon as you have the appropriate certificate. With such a development of events, you will not have any restrictions on the real estate transaction. Whatever you want, do it: sell or pass by will - this is your decision. The main thing is that the former owner does not recognize the gift agreement as invalid. Then all property will return to him from you. In practice, such phenomena are extremely rare.
Redo
Can I sell a donated apartment? Yes. Is it possible to bequeath real estate received under a gift contract? Yes too. Is there any way to redistribute it? Oddly enough, but here the answer will also be positive.
The thing is that after you conclude a gift agreement with a previous homeowner, and also receive a certificate of ownership, you will not have any restrictions on real estate transactions. That is, as already said - what you want, then do it.
A deed of gift in this situation is drawn up in exactly the same way as in all other cases. No features or pitfalls. It is enough to simply collect a certain list of documents, present them to a notary and sign an agreement between you and the donee. It’s not so difficult really.
Return
Can I sell a donated apartment? Yes, we have already found out with you. Only now the question remains: is there any possibility of returning the property to itself after the conclusion of the gift agreement? Oddly enough, but here the answer is yes. This right applies both to the previous owner (until you receive the appropriate certificate), and to you if you have made the decision to donate the property. This is not so difficult to do.
Can I return a donated apartment? Yes. But only if you can recognize that the transaction is not considered valid.To do this, you must either have a sharply deteriorating financial situation after the conclusion of the contract, or proof that the agreement was concluded under pressure. Variants of recognition of the donee's actions as unlawful are also possible. It is about extortion, intimidation and other tricks for the sake of obtaining real estate. In this case, the transaction will be declared invalid, and you will return your property to yourself.
How to make out
What will be required for a gift certificate? And for the sale of this property? In fact, no special documents are needed. For the first case, contact a notary public with:
- gift agreement (here indicate information about yourself, the recipient and the apartment);
- extract from the BTI;
- help from the house book;
- certificate of ownership;
- TIN and SNILS (not necessary, for insurance);
- passports of the parties (with copies);
- certificates of the absence of debts;
- Duty paid (2,000 rubles, no need to pay for close relatives);
- house plan (indicating the cadastral value of housing).
In principle, that’s all. A similar list is being prepared for the sale of real estate, which was received as a gift. Only the contract of gift is replaced, respectively, by the contract of sale. This is all that can come in handy for you. In fact, just remember one rule - after receiving documents on the ownership of the apartment received as a gift, you become the full owner. You can dispose of the property as you wish. There are no restrictions. Can I sell a donated apartment? Redo? To rent? Yes.