Registration of a deed of gift at the MFC for an apartment, house or land

Is it necessary to register a gift deed?

The law provides for different types of state registration. In particular, registration of the agreement itself aimed at the sale, lease or donation of real estate, or registration of the transfer of ownership of the property.

The real estate donation agreement itself is not subject to state registration. However, the transfer of ownership of real estate must be registered with Rosreestr, and in some cases it must be certified by a notary before this.

This is necessary when:

• one of the donors is a minor or incompetent;
• real estate is donated by its joint owners.

Note! Real estate cannot be gifted by parents on behalf of children under 14 years of age. The transfer of ownership under the transaction will not be registered, so you don’t even have to try to draw up such an agreement.

Download samples/forms of gift agreements

The real estate donation agreement is drawn up in a standard form and has the following content:

1. Date and city of compilation.
2. Information about the donor and recipient (full name, place of registration, passport details, contact details).
3. Description of the gift object with its characteristics.
4. Property value (according to inventory value).
5. Rights and obligations of the parties in accordance with the law.
6. An indication of the number of copies of the agreement and a list of attached documents.
7. Signatures of the parties.

gift agreement:

• Apartments.
• Residential building.
• Land plot.

Apartment

As in the general case, only the transfer of ownership of an apartment is subject to state registration.

The procedure for drawing up an apartment donation agreement depends on how many owners the property has. The fact is that real estate can be registered as individual ownership, shared ownership, when each participant has a certain share, or as common joint ownership, when the shares are not determined in kind (this happens, for example, if you purchased a home while married, and it doesn’t matter to whom exactly the ownership of the apartment is registered).

The general design procedure is similar, but there are some features:

1. If the real estate is in common shared ownership (for example, there are two shares in an apartment, equally distributed between the owners, and the rights of each are registered in the Unified State Register of Real Estate), then you can donate your part of the apartment without obtaining additional consent from the other shared owners. And it doesn’t matter who the donee is, whether he knows other shared owners or not.

2. If the housing is in common joint ownership of the spouses, it is necessary to obtain the consent of all participants in the process in order to exclude future legal proceedings.

Procedure for registering a gift transaction

When the gift agreement is registered using the multifunctional center, it comes into legal force. There is no need to take additional registration measures. So, you do not need to contact a notary.

When the transaction is registered, it is considered that the donee has entered into his legal rights. The old property owner loses the opportunity to carry out legal transactions with housing.

The services of a notary may be required only at the time of execution of the gift agreement. He is able to help draw up the paper legally correctly. The likelihood of a subsequent challenge to the transaction will decrease. However, the possibility of subsequent termination of the contract cannot be completely excluded. Thus, if the agreement was concluded by a donor who was incapacitated at the time of the action, the agreement will be declared invalid. The reason may even be temporary incapacity.

Video

The multifunctional center greatly simplifies the procedure for re-registering real estate to another person. The citizen will minimize the likelihood of being in queues and will significantly speed up the procedure for submitting documents. However, the overall registration duration will increase. Additionally, the multifunctional center allows you to avoid going to different offices. The institution operates on a one-stop-shop principle. This means that by contacting one office, a person will be able to perform all the necessary steps to complete a gift transaction, as well as receive advice. By taking advantage of the organization’s capabilities, a citizen will be able to independently evaluate all its advantages.

Documents for registration

Registration of the transfer of ownership under a gift agreement in Rosreestr requires the submission of the following package of documents:

1. Donation agreement - 3 copies.

2. Application for state registration of transfer of ownership.

3. Notarized power of attorney for a representative, if you are acting through a representative.

4. Certificate of state registration of ownership, if it was issued (this document was issued only until July 15, 2016), or an extract from the Unified State Register of Real Estate.

5. Passports of the parties to the agreement.

6. Other documents if necessary. For example, a spouse’s consent to donate an apartment that is in common ownership (notarial).

Registration of donation of an apartment at the MFC

Executing an apartment donation agreement through the MFC is the same for everyone. It doesn’t matter whether close relatives want to re-register the property or not - the algorithm of actions will be the same. Let's look at each step in more detail.

Apartment donation agreement for any occasion: sample for MFC 2021

At RENOVAR.RU you can get a free apartment donation agreement for the MFC in 2021. All samples are compiled taking into account the requirements of legislation and the latest changes in it:

Downloads

• (general sample)(doc);
• (doc);
• (doc);
• (doc);
• (doc);
• (doc).

The agreement must indicate the data of the parties, information about the donated real estate (taken from the latest extract from the Unified State Register of Real Estate) and other necessary information about the donation. Additional clauses may be specified at the discretion of the parties. The agreement should be printed and signed in at least 3 copies (one for the parties + 1 for the registrar). You can sew it with a regular stapler.

Agreements have the force of a transfer document, so there is no need to draw up an additional acceptance certificate for them.

Registration of deed of gift through MFC

MFC (“My Documents”) redirect documents to Rosreestr, rather than register them themselves, so the registration period in this case is a little longer (increases by 2 business days). However, in some regions Rosreestr does not accept documents directly. Then register online or contact the MFC.

It is important to consider the following rules:

1. Both parties must appear with a pre-assembled package of documents.

2. Don’t forget to pay the state fee in advance. Although it is not necessary to present a receipt, payment will be verified.

3. Before choosing a territorial department of the MFC, you should make sure that the service you need is provided there.

4. After the legally established period for registering the rights to the recipient has expired, you need to come to the MFC and receive a gift agreement, which already has a mark on the registration in Rosreestr, as well as other documents, in particular an extract from the Unified State Register.

Is it possible to donate an apartment without an MFC?

Now the law is such that all real estate transactions must be formalized. After a change of owner of an apartment by gift, a special entry must be made in the Unified State Register of Real Estate. Veder EGRN Rosreestr, but if previously you could contact them directly, now all functions for accepting documents for state registration of donating an apartment have been transferred to the MFC (My Documents). Therefore, after preparing all the documents, you must visit the MFC to complete the registration of donating an apartment.

It is important that the MFC does not support the transaction. Its employees do not advise on the legal purity of the apartment, do not collect documents and do not draw up gift agreements. They only accept applications for state registration, so the transaction must essentially be ready before contacting the MFC.

Registration of donation of an apartment in the MFC between close relatives

It does not matter whether the donation of the apartment took place between close relatives or between third parties. You still need to contact the MFC.

By the way, this applies not only to donations, but also applies to other transactions - purchase and sale, barter, mortgage.

General scheme for donating an apartment through the MFC

The general logic of donating an apartment through the MFC is as follows:

1. The parties collect documents for the transaction, including independently drawing up an apartment donation agreement.
2. Next, you need to make an appointment at a convenient MFC, and on the appointed day, come in person with your passports and documents.
3. An MFC employee will look at the package of documents and fill out an application that needs to be signed.
4. Having prepared a set of papers, the MFC employee will send it for registration to Rosreestr.
5. The Rosreestr registrar assesses the legality of the transaction. If everything is fine, he transfers the rights to the apartment to the new owner.
6. Upon completion of registration, the parties are issued final documents.

The MFC performs an intermediary function between participants in the donation of an apartment and Rosreestr. Often, the MFC has legal offices that help you understand the intricacies of the law and draw up an agreement. As a rule, the price of services in such offices is inflated due to their proximity to the MFC.

Registration of a deed of gift for an apartment between relatives

The transfer of property under a gift agreement between close relatives differs in the taxation process, since the donee is exempt from paying income tax if he is part of one of the specified persons:

• spouse;
• children, incl. adopted;
• grandparents;
• siblings or half-brothers.

In the gift agreement, you can indicate a close relationship between citizens, since after the transaction is completed, data on the transfer of ownership is transferred to the Tax Authority. If this information was not indicated or the Federal Tax Service for other reasons sent the recipient a notice of the need to pay tax, then in this case it will be necessary to contact the Tax Service office and provide evidence of a close relationship with the donor.

How to give an apartment to your daughter or son through the MFC

A minor child has the right to receive an apartment as a gift. However, he can do this only with the permission of his legal representatives . To register ownership rights, the donor and donee will have to contact the MFC, however, depending on the age of the child, the registration process will be slightly different:

• If your daughter is under 14 years old, a representative acts instead of her during registration and signs all documents on her own behalf.
• If the child is between 14 and 18 years old, then he must be present when signing the application and submitting documents. However, this can only be done with the written permission of the representative.

Additional information
If real estate is donated by one of the parents, then the second parent or the same one who acts as the donor under the contract can act as a representative.

According to Part 3 of Art. 182 of the Civil Code of the Russian Federation, a representative does not have the right to simultaneously make transactions on his own behalf, as well as participate in the role of a representative. However, on the issue of donating real estate from parents, there is a letter from the Federal Notary Chamber No. 2664/06-08 dated June 21, 2021, according to which a parent has the right to act immediately on both sides of the gift agreement when transferring property to his minor child.

This rule is acceptable, since in this case the gift transaction is carried out in the interests of the minor . And the participation of guardianship authorities is necessary only if the parents are absent and the child is left without parental care.

Grounds for refusal of registration

The MFC may refuse to formalize a gift deed or cancel it for several reasons:

• the donor, at the time of donation, was in a state of insanity and did not realize the consequences of his own actions;
• the beginning of the transaction was initiated under pressure exerted on the donor by the donee. Such coercion can be identified by signs of physical or moral pressure;
• the fact of inappropriate treatment of the gift by the recipient has been revealed;
• the person who received the property as a gift died before the donor;
• the object of the donation cannot be identified or it constitutes absolutely the entire property of the donor;
• the gift is designated for a period of time following the date of death of the donor. In this case, the law on inheritance, not on gift, applies.
• the legal entity made the donation within 6 months before the date of declaration of bankruptcy.