The questions of the apartment donation contract, in which close relatives participate

The owner has the absolute right to the real estate that he has. He can sell it, bequeath, donate or perform any other actions at his own discretion. However, the donation of a share in an apartment to a close relative has a number of features that are essential for the conclusion and implementation of this treaty. Therefore, it is important to know what to do in order to properly execute a transaction.

Who are such close relatives?

We find a definition in the Family Code, which states that they are relatives in a direct descending or ascending line, as well as full-blooded and half-siblings (if they have common parents or one of them). And it does not talk about the close relationship of brothers and sisters, but still, in the sense of the law and in the moral aspect, we will also include this category.

Presenting real estate to close relatives

First, let's define why we choose a donation after all? Buying and selling to us initially does not fit, because we want to transfer the property free of charge. The testament is not what you need, because we want to re-arrange the apartment now, and not after the death. Moreover, in the case of the latter, there is an obligatory share in the inheritance, which can not be influenced by the testator in any way. This is a kind of restriction of his freedom to choose a person who will get an immovable object. Therefore, a gift is suitable for us. Close relationship in this case is of no special significance, because there are no special features. If you give a share, then there is a shared ownership, which is a kind of common. It should be noted that the owner of a piece of real estate has the right to give a share to any person, regardless of the will of the other co-owners.

Contract registration

It is clear that close relatives have personal trusting relationship to each other. In any case, the contract is drawn up in writing. In addition, the transaction is subject to mandatory state registration, which is handled by the authorized body. The period in which the donation will be documented is 1 month.

Required documents

There is a general list of documents that close relatives provide to the state body:

• Statements by the parties;
• Papers that the state duty has been paid;
• Passports or other documents that certify the identity;
• Power of attorney for representatives, if any;
• Drawn up gift agreement (3 copies);
• Documents for the property.

Depending on the situation, the list of documents may vary. For example, if the donor is married, then the consent of the spouse is required for such a transaction. And this paper is certified by a notary.

Conclusion

Remember that the gift contract must be made correctly. Close relatives often argue in court, because during the conclusion of important agreements they hoped for a good relationship and did not do everything properly. It will not be superfluous to be reinsured, because different situations may arise in the future. If you are not sure, then contact a lawyer to write a competent document that can not be disputed.