Is it possible to draw up a deed of gift without a notary?
The donation agreement (hereinafter referred to as the DD) is discussed in Chapter. 32 of the Civil Code of the Russian Federation. It is concluded in written or oral form, and requires notarization only in a few cases:
- A share in the right of common ownership is given by one of the owners;
- The property of a minor or person with limited legal capacity is alienated;
- The property is managed by a guardian;
- Documents for registering property rights are sent by mail;
- The agreement of the parties provides for certification.
In all other situations, a notary’s signature is not needed, but there are certain features of drawing up a deed of gift without a notarization.
Legal advice: when concluding a contract, the notary makes sure of the legal capacity of the parties, explains the rights, obligations and consequences, so it is more difficult to challenge a certified contract. If you want to protect yourself, it is still recommended to contact him.
Elena Plokhuta
Lawyer, website author (Civil law, 7 years of experience)
Sometimes a DD does not require notarization, but other documents must be certified by a notary. The requirement applies to a power of attorney if the donee or donor cannot personally sign the agreement.
If real estate acquired by the donor during marriage is given, the notarial consent of his spouse will be required (Article 35 of the RF IC). Otherwise, the husband or wife will be able to challenge the transaction within 1 year from the moment they became aware of it.
Important! If there is a marriage contract that states that the donated property belongs exclusively to one spouse (the donor), the notarized consent of the second is not necessary.
Features of registering a deed of gift without a notary
A notary's signature is not required if the property, car or other property is managed by a single owner. He has the right to donate housing in full or a share in the ownership. If the share is allocated in kind, it is given as a gift.
You do not need a certificate when donating real estate purchased during marriage to children shared with your spouse, but notarial consent will be required from him.
There is no need to contact a notary when alienating shares in the ownership of housing by all owners at the same time - this measure was introduced on July 1, 2021.
Complete the survey and a lawyer will share a plan of action for a gift agreement in your case for free.
Form of gift agreement
According to Art. 574 of the Civil Code of the Russian Federation, the DD is concluded orally, which already implies that there is no need to visit a notary. The transaction is considered completed from the moment the keys or title documents are handed over.
Written form is required in certain cases:
- Real estate or vehicle is donated;
- The giver of a gift worth RUB 3,000 or more. acts as a legal entity;
- The contract contains a condition for the promise of a gift in the future.
If the agreement is drawn up in writing and requires certification, you need to contact a notary at the location of the property (Article 56 of the “Fundamentals of Legislation on Notaries”).
How to issue a deed of gift for an apartment for a son (daughter)?
How to issue a deed of gift to a brother or sister?
Cost of notarization of donation
Since donation support can be carried out both by notaries engaged in private practice and those working in government offices, it is necessary to remember that for some of them a notary fee is established for performing actions, for others - a state fee.
At the same time, there is, in principle, no difference for those applying, since the notarial tariff is equal in value to the amount of the state duty for performing notarial acts (Article 22 of the Fundamentals of Legislation on Notaries).
When making a donation in notarial form, you must be aware that the interested person will not pay the amount of the fee, but the notarial fee in accordance with Art. 22.1 Fundamentals of legislation on notaries.
In this case, the tariff varies depending on the number of people. So, when making a donation of real estate:
- close relatives (spouse, parents, children, grandchildren) - 3,000 rubles plus 0.2% of the property valuation, but not more than 50,000 rubles;
- to other persons, based on the value of the property.
Donation of property other than real estate:
- close relatives (children, spouse, parents, brothers and sisters) - 0.3% of the value of the property, but not less than 200 rubles;
- other persons - 1% of the cost, but not less than 300 rubles.
Information
In this case, at the choice of the payer, documents may be submitted indicating the inventory, market, cadastral or other nominal value of the property. In the case when several documents on the amount of value are presented, the notary must choose the document with the smallest of them, but not less than the cadastral one (requirement of Article 333.25 of the Tax Code of the Russian Federation, 22.1 of the Fundamentals of Legislation on Notaries).
For donating property that is not subject to assessment - 500 rubles.
Certification of the spouse’s consent to make a gift - 100 rubles.
It is also necessary to note the fact that when donating real estate, state registration is required, and the notary can independently submit the necessary package of documents to the registering authority. A tariff of 1000 rubles is also set for this action.
Another point is the situation when a notary is called to your home, then the amount of the duty (tariff) increases by one and a half times plus payment of transportation costs.
How to write a deed of gift between close relatives?
The registration procedure looks very simple:
- Agreeing on the terms of the transaction with the donee. It is necessary to clarify what property is being donated and when to sign the DD. The consent of the other party is mandatory - the donee puts his signature on the agreement. When promising a gift, he has the right to refuse the transaction before transferring the gift.
- Drawing up a deed of gift. The donor does this on his own, but can also turn to lawyers.
- Signing the contract. Personal signatures of both parties or attorneys are required.
Further actions depend on the object of donation - a gift. If real estate is donated, the transfer of ownership is registered in Rosreestr. When receiving a vehicle as a gift, the new owner must undergo a technical inspection, buy compulsory motor insurance and register the car with the traffic police.
Contents and sample of a gift agreement
A written agreement must contain complete information about the parties to the transaction, the gift and other details:
- Full name, passport details, registration addresses of the donee and donor;
- Address, area, cadastral number, technical data of the property;
- Make, year of manufacture, model, color, license plate number, body number of the donated car;
- Amount and currency of money transferred;
- Validity period of the DD, effective date;
- Rights, obligations, responsibilities of the parties.
At the end, the signatures of the participants in the transaction are placed.
Sample gift agreement without a notary:
Consultation on document preparation
Documentation
The list of main documents for the alienation of real estate includes the passports of the parties, an extract from the Unified State Register of Real Estate, as well as information confirming the grounds for the emergence of the donor’s ownership rights.
In some cases, additional documents will be required:
- Written consent of the bank for the donation of real estate as collateral;
- Consent of the spouse to the alienation of common property;
- Consent of parents or other representatives of the minor (expressed separately or in a contract);
- Permission from guardianship authorities when disposing of children's property.
Note! Documents must be prepared in advance in full, depending on the subject of the donation, otherwise it will not be possible to re-register ownership of it - the registering authority will refuse if there is no certificate.
Possible expenses
If the deed of gift is not required to be certified by a notary, this significantly reduces the costs of the transaction. But sometimes additional costs arise:
- State registration fee. For example, when receiving real estate free of charge, the recipient will have to pay 2,000 rubles. for re-registration of ownership. If a land plot is donated, the cost will range from 100 to 2,000 rubles. depending on the category of land;
- Lawyer services. To get everything done correctly, it is recommended to contact a lawyer: the risk of it being challenged by third parties depends on the competent drafting of the contract.
For drawing up a deed of gift without a notary, lawyers charge on average from 2,000 to 5,000 rubles, but the costs are justified:
clients can be sure that if the contract is drawn up correctly, their rights guaranteed by the Civil Code of the Russian Federation and other legislative acts will be respected.
Are you tired of reading? We’ll tell you over the phone and answer your questions.
Features of a deed of gift for an apartment
A gift agreement is one of the grounds for the emergence of ownership of real estate. Such a transaction is bilateral in nature and to formalize it it is necessary to obtain the consent of the donee to accept the property.
The main feature of the deed of gift is its gratuitousness, i.e. the apartment must be transferred without establishing counter material claims to the donee, otherwise such an agreement may not be recognized as a donation. Donation of real estate is carried out between citizens (individuals) or, if one of the parties is a legal entity. There are also some restrictions according to which donation is prohibited:
- If the donor is a minor or incapacitated.
- To workers of social institutions in gratitude for their work.
- Civil servants.
- Between commercial organizations.
A donation agreement for an apartment for a minor can be drawn up with the permission of his legal representatives. For example, if real estate is donated by one of the parents, then the second has the right to confirm the legality of the transaction. If the parent is the only one, then the guardianship and trusteeship authorities should act as the child’s representative.
In the case of a gift of real estate, the recipient of the gift must pay personal income tax in the amount of 13%. The Tax Code establishes an exception for close relatives and family members. These citizens are exempt from paying income tax and reporting to the Federal Tax Service.
Is it possible to challenge a deed of gift drawn up without a notary?
The contract is contested on the grounds specified in Art. 578, art. 166-179 of the Civil Code of the Russian Federation, regardless of the presence or absence of a notary’s signature. But when contacting a notary office, a specialist will immediately notice legal errors and will not allow the preparation of a deed of gift, which can be canceled in the future.
What are the grounds for canceling a transaction:
- Drawing up a feigned DD to cover another transaction: barter, sale;
- Execution of an imaginary agreement without creating further legal consequences - transfer of the donated property to the donee;
- An attempt by the donee on the life and health of the donor or his relatives;
- Signing a contract under the influence of threats, violence, blackmail;
- Drawing up a deed of gift under the influence of a misconception regarding the consequences or nature of the transaction.
The donor's creditors have the right to challenge the agreement if the property is alienated free of charge within 6 months after the decision on its bankruptcy enters into legal force.
The right to challenge is also granted to the heirs of the donor who died as a result of the donee’s intentional criminal actions.
To cancel a transaction, you need to go to the district court with your passport and evidence confirming the grounds for cancellation.
Arbitrage practice
It is difficult to cancel a deed of gift, but if plaintiffs contact good lawyers, their chances increase.
As an example, here are a few real court decisions:
- Decision No. 2-2979/2018 2-87/2019 2-87/2019(2-2979/2018;)~M-2690/2018 M-2690/2018 dated April 9, 2021 in case No. 2-2979/2018 ;
- Decision No. 2-243/2019 2-243/2019~M-47/2019 M-47/2019 dated March 19, 2019 in case No. 2-243/2019;
- Decision No. 2-102/2019 2-102/2019~M-26/2019 M-26/2019 dated March 5, 2019 in case No. 2-102/2019.
All cases were considered according to the claim procedure. As a result, the plaintiffs received the donated property back.
Questions for a lawyer
Is it possible for the donor to cancel a deed of gift executed without a notary after the death of the donee?
Yes, if such a right is provided for by the terms of the contract (clause 4 of Article 578 of the Civil Code of the Russian Federation).
Is it possible to draw up a deed of gift without visiting a notary when donating a share in an apartment purchased during marriage, if it is given to a child shared with the spouse?
No, notarization when alienating a share is required, regardless of the relationship between the donor’s spouse and the donee.
Can a husband give his wife a car without visiting a notary?
Yes, the transaction is not prohibited by law.
Do I need to have a deed of gift certified by a notary when donating a vehicle in shared ownership?
Yes, the mandatory certificate also applies to donations of cars that have multiple owners.
Is it possible to give an apartment in joint ownership with my husband, registered with a notary, to a common child?
Yes, but you will need a notarized consent from your spouse.
Nuances of registering the transfer of rights to an apartment or share in an apartment
There are some features of registering an apartment as a gift that require the mandatory intervention of a notary:
- If the apartment is acquired by a donor who is married, the law requires notarization of the consent of the second spouse to this action;
- If a minor citizen is involved in the transaction, the consent of his parents, guardians, and legal representatives will be required;
Signing a deed of gift requires prior approval and inclusion of information about the cost of the apartment in the agreement clause. Its assessment should not be underestimated; it is recommended to go through the official procedure for assessing the value of housing.
