How does the registration of the gift agreement take place?

The legislation of the Russian Federation allows to make various transactions with real estate. For example, an apartment or a detached house can be sold or even donated. How does the 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 that is in the property. 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 signing a gift agreement, only the donor is liable, he is obliged to transfer ownership rights to the person to be decorated. You can give not only the whole house or apartment, it may 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 available real estate to another person, it is necessary to begin by determining the amount to be repaid. You can give a specific room or several, or some part of an apartment or house.

Despite the lack of commitment on the part of the donee, in order for the registration of the gift agreement to go through 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 you transfer ownership of an apartment in which third parties are registered, the donor may require the donee not to write them out in forced form. Also, when transferring a gift, the owner may demand that he retain 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 transaction for the donee is obvious - gratuitous receipt of property in the property. The giver, if desired, 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 of this type is not necessary, but at will it is possible to conduct this procedure.

Registration of the gift contract takes no more than one month from the date of submission of documents to Rosreestr. A sample of such a contract can be downloaded from the site of government services and filled out on your own, if you wish, you can apply to any 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 confirming the transfer of property into ownership by inheritance.

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