How to apply for a share in an apartment correctly
The legislative framework
Russians often have situations,when it is necessary to transfer property legally to close relatives. One of the most popular deals in recent years is donation. The contract is a document that fixes the free transfer of property from the previous owner to a new one. This agreement after its signing can not be terminated by one of the parties to the transaction. You can transfer property to both close and distant relatives, and to third parties. How to apply for a share in the apartment?
Gift contract: conditions of imprisonment
Russian legislation fixes three basic conditions:
Where and how to apply for a share in the apartment
The right to have a gift iscapable citizens of Russia from the age of 14. At its core, the transaction is similar to the procedure for writing a will. However, from the point of view of the legislation, it is strictly forbidden to grant property objects with a delay to the life of the former owner. Therefore, after the conclusion of the contract, the property passes to a new owner. In accordance with the legislation, the person to be decorated has the right to refuse the transferred property. However, if it expressed this desire after the transaction, it is necessary to make a written refusal. There are two ways of concluding a contract - with the participation of a notary and without it.
What documents are needed
How to apply for a share in the apartment for a mother, brother, sister or other relative? First, you need to carefully prepare a certain package of documents. It includes:
- passports of participants in the transaction,
- a preliminary contract,
- certificate of registered ownership,
- certificate-extract from the home book and its copy,
- the original and a copy of the notarized power of attorney (when the transaction is concluded by the representatives of the parties).
The number of copies of the contract must be equal tonumber of participants in the transaction. Also one additional copy must be prepared for the registration chamber. For example, if three donors transfer shares to one person, the number of copies will be five. The above documents are basic. However, the registration chamber reserves the right to request other papers.
Registration with participation of a notary
Registration of the contract with the mediation of a notary- the most reliable way to conclude a deal. Its main advantage is that it is almost impossible to challenge the contract after its conclusion. The fact is that the notary is the third disinterested person who, in case of litigation, can prove that the parties to the transaction were informed of the consequences of her conclusion.
To begin with, a notary mustto provide the passports of the parties, a certificate of ownership, an extract from the EGRN, as well as a certificate of the persons registered in the apartment. After that, the notary draws up and draws up a contract, where information on the value of the share is indicated. As agreed by the parties, the value in the contract can be reduced. Before the conclusion of the transaction you should pay the state duty and notary services. Then the notary takes all the above documents with the exception of passports and passes them on to the state registration. The parties to the transaction still have a receipt. You can pick up the contract after registration at the notary or in regalata. Only after receiving it, the notary starts to fix the contract, and then the parties to the transaction receive their copies and a certificate of ownership.
How to apply for a share in an apartment without a notary
A gift contract can also be concluded without the participation of a notary. However, this procedure has its own peculiarities. How to apply for a share in an apartment in simple written form correctly?
The drafting of the contract takes place under the supervision of Rosreestr employees. Pre-compile it is not necessary. It should contain the following information:
Also in the contract can be included andAdditional Information. For example, if the former owner does not want to leave the apartment for some time. In addition, the donor is entitled to live in the apartment for an indefinite period of time. In the donative, you do not need to specify the value of the stake.
Darnage is not completely free. A fee of 2000 rubles is charged for the preparation of the contract. In addition, it is necessary to pay the state duty - 1400 rubles. If the share of the apartment goes to the possession of family members of the previous owner, the amount of the fee depends on the cost of housing specified in the contract. That is, it is 0.3% of the share price. If the share passes to a third party who is not a relative of the owner, the fee will be as follows:
It should also be noted that the amount of the state duty can not be less than 300 rubles.
If the gift is issued for the child
How to apply for a share in an apartment ona minor? This question is of concern to many. In 572 and 28 articles of civil law it is said that the transaction can be concluded only by the legal representative of the child. If a child is 6-14 years old, he can receive a free gift at no cost. Children of 14-18 years of age are entitled to participate in transactions, but they will be able to dispose of the housing they receive only after reaching the age of majority or with the consent of the legal representative - the parent or guardian.
How to apply for a share in an apartment onchild? First you need to get permission from the guardianship authorities. In addition, the notarized consent of other apartment owners will be required. The contract is signed by legal representatives of the minor, it is necessary to indicate the passport data of the child.
If the share is transferred to relatives
How to apply for a share in an apartment onwife, mother, father or other close relative? In the contract it is necessary to prescribe that the donee is a relative of the former owner. In addition, it is necessary to attach documents proving the relationship. After transferring a share to a relative, you do not need to pay income tax for the property to the donee.
How to apply for a share in the apartment? You can do this with the participation of a notary or yourself. To register a gift, you must carefully prepare the necessary package of documents, draw up a contract and submit it to the Rosreestr for registration. Once it is registered, a certificate of ownership is issued.