Apartment Darment Treaty: Features of the transaction, preparation and design of the contract, Transfer of property rights to real estate
Photo by A.MEDVEDEV
Photo K. Manko
Photo K. Manko
The apartment is special: such not every day you get. Since this present has specific features, the nature of the documentary consolidation of the real estate donation differs from the total donation procedure. Today we will tell you how to present a person to the apartment for this that it does not give him extra hassle.
It would seem that it is simpler: a gift is any subject or property right, which one side transmits free of charge by another. However, the contract of donation, in essence really simple, have its own difficulties.
What is a gift?
The Civil Code of the Russian Federation consolidated that the donation agreement is an agreement on which one party (donor) donates the other side (beloved) the thing to the property or the property right towards himself or a third party either frees this side from the property responsibility or third face. In the side of the donor, and several persons can be on the side of the well-known persons: let's say, give an apartment that belongs to several people, or make a gift to share or joint property. For example, parents can make a gift to children.What characteristic signs are distinguished by the donation contract? First of all, it is a gratitude, that is, the donor from the gifted does not receive anything instead of his gift. Nevertheless, at the conclusion of the contract of donation, a situation is possible, in which the gifted is burdened by property obligations, which in itself does not exclude the granquality of the contract of donation. Such cases are when the property is given in generally purpose purposes, that is, saying in different words, sacrifice. For example, an organization can give the placement by a charity foundation or a charitable fund - to sacrifice the apartment with a large family. If the donation agreement includes a counter-referred to be a one of the conditions, such a transaction may be recognized.
In addition, the gratitude suggests that there are no counterfeit obligations in relation to the donor and within the framework of this transaction, and within any other. In fact, if the legitimacy of donation appeal in court, all transactions have been checked, which were concluded between the donor and apparable. If the gifted acquired any obligations to the donor within the framework of another transaction, the court will be interested in whether the donation of the living space is connected with each other and encumbrance of some obligations being granted. Of course, in this case, the giving is invalid.
Give must be voluntary. If the donation contract is concluded under the influence of deception, violence, threats, a malicious agreement of one side with another or a donor is forced to conclude a contract due to the progress of severe circumstances on extremely unprofitable conditions, such an agreement may be invalid by the court.
Finally, the donation should be mutual: it is important not only the desire of the donor to make a gift, but also the desire to adopt it. If the gifted does not want to receive a gift, the donation agreement will not be considered prisoner. Accordingly, the ownership of property from the donor to the apparable will not go. Aesley's gifted refused to receive a gift after the conclusion of the transaction, his refusal to accept a gift must be registered in the same manner as the donation itself.
Close to the content to the contract of donation is a contract for the promise of donation. They differ in the fact that the donor acquires the obligation to implement the transfer of property to the ownership or property right to or free to be gathered. Such a contract is also made in writing, but it does not imply immediate transfer of property.
On the donation of the site
If the subject of donation is a land plot, in the contract indicate the cadastral number, location and area of the land, category (land of agricultural purposes, settlements, industry, energy, transport, communications, broadcasting, television, computer science; land for providing space activities; defense lands, security and other special purposes; lands of specially protected areas and objects, forest and water funds; stock lands), and also make a mark about whether there are restrictions on the use of the Earth or the encumbrance of third-party rights. A description of the boundaries of the site (in accordance with the cadastral plan). If the subject of the landing house with economic buildings, the address, technical characteristics of the residential structure, information about the land plot, on which real estate objects are located. As with the gift of the apartment, it is necessary to indicate the props of the guideline document of the owner of a residential building and economic buildings.
Preparation of the Treaty
The real estate donation agreement conclude in writing. For the conclusion of the contract and the donor, and the document certifying the personality is needed (with a donation through the representative you will need a power of attorney, in which the subject of donation and gifted) should be indicated.
The right of the donor to the apartment must be confirmed by a certificate of state registration of law. If there is no such evidence, the transaction cannot take place - in this case there is no confirmation that the donor transfers to the well-believed property that it belongs to it.
Taxes from the property that you have been presented must only be paid if the donor is not your close relative. In accordance with the Family Code of the Russian Federation, the spouse (spouse), parents and children are recognized (the same applies to adoptive parents and adopted children), grandfather, grandmother and grandchildren, full and indiquated (having common father or mother) brothers and sisters
Finally, you need a document on the apartment, an extract from the technical passport - in order to identify a gift. If you do not need to invite mechanics for measuring, extracting from the passport and the certificate of the cost of the apartment will be ready in 10 days. If the donor conducted a redevelopment in the apartment and did not register it in the manner prescribed by law, in order to make an extract from the serviceport, it will have to call a specialist from the BTI, which will extend the process of preparing documents up to 30 days.
It is necessary to write a statement about the registration of the Darment Agreement in the Registration Chamber.
What else will need? Since state registration of the contract is obligatory, a receipt will be required to pay for the state fee for registration of the contract of donation. The question of who will pay for it remains open, there are no rules here, everything is solved by agreement between the parties.
If the property in joint ownership is given, the written consent of all co-owners to donate such property is necessary. Therefore, the donor must provide a notarized consent of the spouse or spouse to make a transaction by order of progressive real estate. If juvenile children are raised in the apartment that minor children are registered, they are required to obtain the consent of their legal representative for donations (the same is the case with incapable citizens registered in the apartment).
So, we proceed to the preparation of the text of the contract. The first thing that indicate in the contract is parties participating in it. There must be passport details and a donor, and being believed.
There are some restrictions on both donors and gifted. For example, minors cannot be donors (albeit even through a legal representative). Increased incident, in turn, is not entitled to act workers of therapeutic, educational institutions, social protection and other similar institutions, if the donor is a citizen who is in cure, content, education, as well as civil servants and employees of municipal bodies, if donation Real estate is associated with their official position or performance of official duties. In addition, it is impossible to give an apartment to a foreign citizen or a person without citizenship if the real estate is given in the Russian Federation.
The next mandatory moment is the subject of the contract. It consists of two elements: the first name and description of the transmitted property (apartment, houses, land); The second, no less important, is the actions of the donor with respect to the belonging (gratuitous transfer of property).
Because the donation assumes that the donator donates the belonging to the belonging to the property, after registering the relevant contract in the registration chamber, all rights and obligations on this real estate are moving to the apparatable. This means that the contract of donation excludes the possibility of the appearance of other applicants for property, as maybe in inheritance
In order for the text of the contract it was clear which property proceeds to you as a gift, you must specify the signs that are distinctive for this gift. When they give an apartment, the contract indicates its address (including the name of the constituent entity of the Russian Federation, the name of the settlement and the street, the house number, entrance, floor and apartments), the technical characteristics of the gift property: the type of house, the number of rooms, the area (general and residential). Includes of the contract must also include details of the donor's right-exploiting document. For example: "A.V. Kozlov, a one-room apartment with a total area of 40m2 (living area - 24m2) on the 5th floor of a brick 10-storey building, located at the 5th floor of a brick 10-storey building, located at the address: Moscow region, Pryazino , Ul .Prostornye, D.9, KV.19. The apartment belongs to A.V. Kozlov, on the basis of a certificate of ownership of No. 5677. "
"Certificate of Personality" Apartments
Each person, regardless of age, gender, country of residence, as well as musical or culinary addictions must have documents. Similarly, documents are needed and our housing.
The document that establishes the right of ownership (that is, the right to use, to own and dispose of housing at its own discretion of the owner) depends on how this right originated. In fact, it is possible to distinguish four options for the housing transition to property: as a result of privatization, under the contract (there are several species), by decision of the court and as a result of full payments.
If the accommodation has become yours after privatizing the apartment to an individual, share, joint or general share ownership, you must have an apartment transfer agreement and certificate of ownership of residential premises.
The second case is the transfer of ownership of the contract. After buying or exchangeing an apartment, you have a purchase and sale agreement or, accordingly, the Mena Agreement is fixed the fact of the transfer of ownership of housing from one owner to another. Perhaps the apartment has passed to you inherited or was presented - then confirm your powers of the owner are called upon the certificate of inheritance (only a notary is assumed) or a contract of donation. There is another option of the transfer of property - through the conclusion of an account agreement (lifelong residence with content). All contracts register in the federal registration service.
If you participated in a housing and construction cooperative, paying the cost of an apartment in parts, a document that certifies your right to housing, - a certificate of full paying. It is signed by the chairman or chief accountant, fasten the seal of the HCC, and then register in the federal registration service.
Finally, in the transition of ownership of a court decision, you must have a court decision registered in the federal registration service, which has entered into legal force, and certificate of ownership of the residential premises.
To make any real estate transaction on the title documents (regardless of the date of their receipt), there should be a stamp on state registration (with the date and number) in the Unified State Register, which has since 2005. Leads a federal registration service. Certificate of state registration of the right is a form of blue with watermarks.
Rights and obligations
The last thing we recommend that you pay attention is the rights and obligations of the parties that are one of the very important components of the contract.
Once again, we note that the gifted has two rights: take a gift or refuse it. Failure to adopt a gift must be issued written - it will be attached to the contract.
The list of rights that the law gives a donor, somewhat wider: the donor has the right to demand compensation for real damage caused by the refusal to adopt adopt a gift (the donor expenses are subject to reimbursement associated with the design of the Darment Agreement); The donator may refuse to fulfill the contract of donation containing the promise to transfer to the extensive property in the future. This may happen if, after the conclusion of the Darment Agreement, the property or marital status will change so much that the execution of the contract in the new conditions will lead to a significant decrease in the standard of living of the donor, and also if the gifted will make an attempt on the life of any of the members of his family or close relatives or intentionally Damage damage to the donor. Waid Cases are not true to demand compensation for losses caused by the refusal of the donor from the execution of the contract of donation. In all other situations, the gifted may require compensation for damage caused by the refusal of the donor from the execution of the transaction conditions.
The dariser's liabilities kits are compliance with the procedure and conditions for transferring property. The donor is obliged to warn the rights of third parties to the property at the time of the conclusion of a contract.
The law provides for additional guarantees to protect the rights of individual groups of donors and gifted: a mining or incapacitated citizen cannot be a donor, but an employee of the medical, educational institution, institution of social protection and other similar institutions, if the donor is in such a treatment, content, education, education
The contract is in three copies: one has remained at the donor and belonging, and another copy will need to register the transfer of property rights to real estate. Sign the contract of both sides. The notarization of such a contract is carried out at the request of the parties, but its state registration is obligatory.
The size of the state fee for the notarized certificate of the real estate donation agreement depends on the value of real estate, which goes into the ownership of the belief. It is necessary to know the inventory value of the residential premises (you can cope with BTI). It is also necessary to make changes to the unified state register of rights. This is done simultaneously with state registration of the contract or separately. The size of the state fee for registration of the contract from the cost of property does not depend. Registration of the contract of donation will cost an individual of 500 rubles., The same amount is also the registration of the transfer of rights to real estate.
The apartment passes from the donor to the apparable at the moment when the contract is given signatures, but the procedure for registering the contract is required. The donator transfers to the well-to-wear keys, payments for utility services, electricity, telephone. In addition, after March 1, 1996. When the transfer of real estate is drawn up an act of receiving an apartment. An act-free form; It is signed by the former and new owners of housing after the legal or physical liberation of the apartment. The act of acceptance and transmission serves as a confirmation of the fact that the parties do not have complaints about each other and the transaction is completed.