Deed of gift for a minor child - is it possible to draw up a sample deed of gift?

Close people, as well as third-party individuals, are allowed to issue a deed of gift for a minor child. In modern realities, own real estate or other valuables are a guarantee of future stability, so many questions arise about registering a gift of property to a child.

The article will talk about the legislative regulation of the situation, the conditions for the transfer of ownership preferences, methods of carrying out the procedure, individual procedures for different registration options and other important aspects.

Legislative regulation of the issue

According to clause 2. Art. 17 of the Civil Code of the Russian Federation, from the moment of birth, all citizens are assigned legal capacity, implying the presence of preferences and the ability to bear responsibilities. It follows from this that the possession of this or that property is the preference of any person, regardless of his age. Therefore, the question of whether something can be given to an individual who has not reached the age of majority disappears by itself.

A child receiving something as a gift must have a birth certificate or passport. But under 18 years of age (in some cases up to 16), children do not have full legal capacity (responsibility for their actions) and for this reason, to legally complete a transaction, consent will be required, parents also need to be, or other legal representatives.

How to give an apartment to a minor child?

The procedure for donating real estate to a child involves going through the following main stages:

Collection of necessary documents.
Registration and signing of the contract.
Registration of deed of gift and receipt of confirmation of transfer of ownership of the apartment to the child.

In addition to the listed actions, the procedure for registering a deed of gift may include applying for notary services, but this is not necessary. A deed of gift can be drawn up without the participation of a notary. Let us consider each of the stages of drawing up a gift agreement for a child in more detail.

Collection of necessary documentation

The package of documents required to formalize a gift to a minor must include the following papers:

Identification documents of the donor and the child receiving the gift, as well as all other persons signing the agreement. For a minor, this could be a birth certificate or passport, depending on age.
Documents for the apartment (certificate of ownership, BTI passport, etc.).
Report on the valuation of the apartment.
Consent of the co-owners of the home to donate it if the child is given an apartment that is in joint ownership.
Documents that confirm the powers of legal representatives (guardians, trustees, adoptive parents) or representatives of guardianship authorities, if they are involved in the preparation of a deed of gift.
Consent to the transaction by the guardianship and trusteeship authorities.
Consent of the apartment residents (not required if the donor is the mother or father of the child).

Registration of deed of gift

You can issue a deed of gift for a minor child in one of two ways:

At the notary. In this case, the specialist takes care of all the formalities. He checks the deed of gift and the documents attached to it, after which he certifies it. Both the donor and the representative of the child receiving the gift can pay for notary services.
On one's own. Mandatory notarization of a gift agreement is not required by law, so it is quite possible to refuse the services of an appropriate specialist if you are confident that you will be able to draw up a high-quality document without outside help.

The donation agreement must contain the following information:

Place and time of the transaction.
Document's name.
Information about the persons entering into the contract (passport details and place of residence). In addition to information about the donor and the child who is the recipient of the apartment, it is necessary to mention the legal representatives of the minor and representatives of the guardianship authorities.
Confirmation of the legal capacity of the persons signing the agreement.
Description of the apartment that is being donated (location, technical characteristics).
A mention that the property is “clean”, that is, not seized or mortgaged.
Cost of housing. To determine it, it is not necessary to order an examination. You can evaluate the apartment yourself based on market prices. If the value is artificially low, tax officials can check whether taxes have been paid correctly and hold you accountable.
Data on the number of shares in the ownership of the apartment (if part of the housing is donated).
Information about documents for housing.
Statement of the donor’s desire to transfer housing to the child free of charge and the consent of the adult’s representative to accept this gift.
Distribution between the parties of expenses related to the execution of the contract.
Signatures of the parties. If there is no signature of one of the parties to the transaction, the deed of gift will be invalid.
Date of signing of the deed of gift.

The gift agreement is drawn up in 3 copies, one of which is received by the parties, and the third remains with the registration authority. For a deed of gift, a simple written form and free presentation of the text are allowed. There are no strict requirements or models in the legislation. It is not even necessary to print the contract; it is enough to write it manually.

If one of the parents cannot be present when signing the deed of gift, this must be reported to the guardianship and trusteeship authorities, which in this case replace the mother or father.

Important:
The deed of gift should not contain a provision regarding the receipt of the apartment after the death of the donor. To transfer property under such conditions, a will must be drawn up.

Registration of a transaction

Signing the agreement is formally enough to transfer the apartment into the child’s possession. However, for transactions involving the gift of real estate to children, a mandatory registration procedure is provided. Rosreestr (Federal Service for State Registration, Cadastre and Cartography) is authorized to carry it out. You can contact its territorial division or register a deed of gift through the MFC.

When applying for registration, you must submit the following documents:

Donor's passport.
Child's identification document (birth certificate or passport depending on age).
Donation agreement (3 copies).
Receipt confirming payment of the state duty.
Consent of the parents, and in their absence, other legal representatives of the minor to receive the donated apartment.
Consent of the apartment owner, certified by a notary.
Certificate of family composition.
Permission from guardianship authorities (if the donor has other children under 18 years of age).
Certificate of ownership of real estate or an extract from the Unified State Register.

Submission of documents must be carried out in the presence of the child - the recipient of the apartment, if he is already 14 years old. In addition, the participation of the donor and the legal representative of the minor in the procedure is mandatory.

Methods of applying for registration of deed of gift.

During a personal visit to the Rosreestr unit at the location of the apartment. On the official website of the department, you can pre-register for an appointment by choosing the most convenient time.
By mail. In order to have confirmation of receipt by the addressee of documents, they must be sent by registered mail with notification.
Electronic. This opportunity is provided on the Rosreestr portal.
By ordering field service. This service is used primarily by persons who, for objective reasons, cannot visit the registrar’s office (for example, due to old age or serious illness).
At the MFC branch at the location of the apartment. It is possible to pre-register for an appointment online.

Registration of deed of gift is carried out in the following order:

Stage 1 – a representative of the registration authority draws up an application for the procedure in two copies, after which they are signed by the parties to the agreement.
Stage 2 – receipts are issued regarding the acceptance of documents.
Stage 3 – registration is carried out within 10 days.

After registration of the transfer of the right to an apartment to the child, an extract from the Unified State Register, a new certificate of ownership is issued and the submitted documents are returned. From this moment on, he officially becomes the owner of the property.

Purposes of registration for a child

A gift refers to the usual transfer of property preferences from one person to another on a free and unconditional basis.

As a rule, the object of the gift includes real estate that they wish to register in the name of children, with the following goals:

The desire to reduce the risk of property being obtained by unauthorized persons. For example, after the divorce of the spouses, everything jointly acquired will be divided in half and, by refusing his part, one of the spouses has the right to give it to his son or daughter.
Providing living space for subsequent residence.
Providing square meters to replace those previously alienated with the approval of the guardianship and trusteeship authorities.

If there are claims or demands from other interested parties for the apartment and registering it as a gift for the child, it will not only help provide the minor with housing, but also preserve it until the children reach a certain age. Since alienation will require the consent of the guardianship, which protects the interests of the child.

Moreover, donation is the only way to transfer prerogatives to children between relatives. Since according to clause 3. Art. 37 of the Civil Code of the Russian Federation, any other transactions are prohibited.

Execution of a donation agreement for an apartment or its share in the name of minor children

The donor's passport and the child's documents (certificate or passport);
Cadastral passport for the transferred apartment;
Results of the apartment assessment carried out by the BTI;
Papers confirming that the apartment is the property of the donor;
Extracts from personal accounts and house books;
Consent of the donor's spouse;
Consent of the child's parents/guardians/trustees;
Certificate of persons registered in the apartment, as well as information about the donor’s family;
State duty receipt;
Application from the donor requesting the transfer of ownership;
Application from the donee requesting registration of his rights to the received property.

Date of compilation, signatures, indication of the notary (if he is involved);
Information about the donor entered in accordance with passport data;
Information about the minor recipient (information from the certificate or passport);
Information about the legal representative;
A detailed description of the subject of the donation (in the case of transfer of a share, this is especially important); documents for it and the results of the cost assessment;
Encumbrance mark (if any).

Subtleties by age

The procedure for registering a deed of gift differs somewhat depending on the age of the recipient:

before the age of 14, the gift agreement for children is signed by representatives and their stay is not mandatory (Article 28 of the Civil Code of the Russian Federation);
from 14 to 18 years of age, a minor has the right to undertake manipulations with the written approval of adults. The signatures of both the recipient and his benefactor are affixed to the corresponding document. The text of the agreement indicates the approval of the legal representative for the procedure.

An exception to the general requirements is the entry into full rights of an adult at the age of 16.

This is possible if:

The teenager is officially employed and provides for his own needs.
Entered into a marriage union.
He became self-employed and runs a successful business.

In addition, there is an exception for individuals eligible for registration. Thus, according to Article 185 of civil legislation, it is allowed to issue a power of attorney to carry out actions to the principal on behalf of a young individual.

How to draw up a gift agreement?

Registration process

A contract for the donation of real estate must be concluded in writing. It must be compiled in triplicate.

For a child under the age of 14, the certificate of recognition is signed by his legal representative - one of the parents, adoptive parents or guardian. A minor cannot sign such an agreement on his own. In this case, the child’s legal representative can act on both sides.

Suppose a mother wants to give her child an apartment, and she is his only parent. In this case, the mother acts both on the part of the recipient and on the part of the parent of the child to whom the housing is donated. In this case, taking into account that there is no conflict of interests between the mother and the child, the document can be signed by one person on both sides.

Let's celebrate!

A minor aged 14 to 18 years old signs an apartment donation agreement independently, but only with the written consent of his parents, adoptive parents, and trustees.

Written consent can be provided as follows:

A separate document in which you indicate the details of the legal representative and the child, identification documents, reflect that the legal representative gives his consent to the acceptance of a specific residential premises as a gift. The consent should be drawn up as an annex to the deed of gift, which will be an integral part of it. Make a reference to this consent in the text of the deed of gift.
Directly in the text of the deed of gift indicate that the donee acts with the consent of his legal representative. The legal representative puts his signature in the text of the agreement with the mark “agree”.

To conclude a deed of gift, the consent of one of the parents is sufficient.

Notarization

A gift transaction to a minor can be notarized only at the request of the parties. Currently, notarization of deeds of gift is not mandatory. However, if a share in the right to residential premises is given, then in this case the transaction must be completed exclusively in notarial form.

Good to know!

When registering a donation with a notary, you will have to pay a tariff of 0.5 percent of the cost of the apartment, but not less than 300 rubles and not more than 20,000 rubles. If property is given to a minor by his close relatives, the notary fee will be 0.3 percent of the value of the gift.

Close relatives include parents, grandparents, adoptive parents, as well as brothers or sisters of a minor child.

Required documents

To complete the transaction you will need:

passports;
child's birth certificate or other identification documents;
documents for residential premises - certificate of title or extracts from the Unified State Register (USRN);
in case of adoption or establishment of guardianship, it is necessary to submit documents confirming these circumstances.

When contacting a notary, in addition to the above, you may be asked to:

technical documentation for the apartment (technical plan, cadastral passport);
certificate of persons registered at this address. Check the specific list of documents at the notary office where you plan to apply.

Gift tax

When registering a deed of gift between close relatives, personal income tax is not paid. In this case, it is necessary to reflect the fact of relationship in the text of the agreement in order to avoid problems with the tax authorities in the future.

Lawyers advise!

If you are registering a transaction with a notary, take with you documents that confirm your relationship (birth certificates, marriage certificates, etc.). In simple writing, indicate in the text the degree of relationship with reference to documents.

If the living space was not donated by a close relative, in this case the parents will need to file a tax return and pay a tax in the amount of 13% of the value of the donated living space.

Registration of the agreement

After registration of the deed of gift, mandatory state registration with Rosreestr is required. You can submit documents for registration in any subject of the Russian Federation either directly to Rosreestr or through the MFC.

Documents are submitted by the parties independently by personal appearance at the MFC or a branch of Rosreestr. When submitting documents, the person donating the property must be present in person. For a minor child, documents are submitted by his parents; the minor’s personal presence is not required.

The personal presence of a minor aged 14 to 18 is required, as they submit documents independently.

Let's celebrate!

It is allowed to submit documents by a representative on the basis of a notarized power of attorney with the specified powers. When notarized, registration documents can be submitted directly by a notary.

Timing and cost

To register a transaction, you will need to pay a state fee:

The cost of state registration of deed of gift is 2,000 rubles.

The deadlines for state registration of deeds of gift vary depending on whether the documents are submitted directly to Rosreestr or through the MFC. If the contract is submitted to Rosreestr, the registration period is 7 working days. In case of delivery through the MFC, the period increases to 9 working days.

Final document

After registration, an extract from the Unified State Register is issued in the child’s name, which confirms his ownership of the donated property.

Agreement for donating an apartment to a minor child - sample

Reasons for refusal

Registration of a deed of gift may be refused for the following reasons:

the contract was signed independently by minors under 14 years of age;
the contract was signed by a person who cannot represent the interests of the child;
the deed of gift was signed by a person over 14 years of age without the written consent of his parents;
consent was given by a person who cannot represent the interests of the child;
there is no consent of the donor’s spouse to draw up a deed of gift;
the deed of gift is not certified by a notary, if the gift is a share in the right to residential premises.

Characteristics of a gift to a minor

The key difference between any process of donation and the usual sale of property is the transfer of the prerogative of ownership on an unpaid basis. Therefore, it is the deed of gift that is especially preferred among relatives.

However, for the validity of the operation when gifting such persons, the following features should be taken into account:

the agreement cannot contain the ability to withdraw the subject of the gift back at any time;
the text should not contain a requirement to provide any actions or services in exchange for receiving property;
also, a promise to actually donate property cannot be recorded only after the death of the owner.

But the agreement may still contain certain conditions. When the donor indicates the occurrence of specific cases after which the property will be transferred as a gift:

Reaching a certain age. For example, 17 years old, the moment you graduate from school.
Excellent study for the specified time (from fifth to eleventh grade).
Successful admission to the institute.

The promise of a future gift is formalized by an ordinary written agreement signed by the potential recipient and his representatives, as well as the owner. Subsequent drawing up of a new agreement upon the occurrence of this event will not be required.

The new owner will be able to dispose of the gift upon reaching 18 years of age or another time prescribed in the text of the document - completion of studies at a university or driving a car without an accident or fines for 12 months or more. After confirming the occurrence of the case, authorized registry employees put a note on the certificate of ownership.

Agreement for the donation of a share of an apartment to minor children, sample 2021

4. From the moment of registration of the transfer of ownership under this agreement in the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow, the Donee1 and the Donee2 each acquire ownership of the above shares.

6. After the transfer of ownership of the above shares, Donee1 and Donee2, and until reaching adulthood, their legal representative, assume responsibilities for paying real estate taxes, and also operate and repair the apartment at their own expense, take part in the maintenance of the entire house and local area.

Independent registration of deed of gift

If you choose the approval method without a notary, you need to draw up the text of the agreement, seal it with the signatures of the parties and, together with the necessary documentation, go to the registration procedure at the registry office at your place of residence or MFC.

To correctly compose the text, it is better to contact qualified specialists, which will be optimal. Since any inaccuracy may lead to the return of documentation.

The text should indicate:

personal information about the child;
information about authorized persons;
residential address of the donee and his parents;
subject of the agreement (transfer of property as a gift);
material about the object of alienation;
preferences and obligations of participants in emerging legal relations;
indicate possible encumbrances or restrictions;
approval of the guardianship institution;
procedure for resolving disputes.

Donation Agreement for a Minor Child Sample

It is worth noting once again that a gift agreement is a transaction in which ownership of property and non-property rights is transferred. Therefore, in order for a transaction to be legal and valid, during its implementation it is necessary to comply with all the rules and procedures established by the legislation of the Russian Federation.

The text of the agreement must contain information with detailed information about the parties involved, indicating passport data and information about residence (registration), as well as a complete and detailed description of the subject of the agreement in strict accordance with the legal documents on it.

Our lawyers know the answer to your question

Free legal advice by phone: in Moscow and the Moscow region, in St. Petersburg, as well as throughout Russia

When describing the subject of transfer, it is necessary to record (for example, for an apartment):

Location.
Inventory number from the BTI.
Amount of residential footage.
Building material used in the construction of a high-rise building.
Commissioning time.
Type of heating system.
Number of internal enclosed spaces.
Type of layout.
Number of registered persons, information about them.

Implying the obligations of the giver, one should indicate the need to transfer the prescribed item at a set time upon the occurrence of recorded events free of charge.

The presence of registered individuals in the home will contribute to the refusal of approval of the transaction by the guardianship, therefore, before the procedure, it is more correct to register all individuals.

Both the father and mother of the child must be present when signing the agreement. An exception is the deprivation of parental rights of one of them.

Donating a share in an apartment to minor children: samples and forms of a gift agreement

1. “DONORS” transfer free of charge to the “DONEEE” shares in the ownership of the apartment, in the ratio: 1/4 share (one fourth share) - “Done1”, and 1/4 share (one fourth share) - “Done 2” "; and “DONATES” accept into shared ownership an apartment located at the address: __; located on the __floor of a residential building, consisting of __ rooms, with a total area of __ sq.m.

Registration by a notary

When contacting a notary office, the cost of providing services will be included in the final price of registration and will amount to about 3,500 thousand rubles. In addition, you will need to pay a state fee (it is different for each case. Its size is determined by the price of the property being donated - from 0.3 to 0.5% of the total cost). Information about the required list of documents to provide to the notary should be clarified with the organization itself. The choice of institution is free and not tied to the place of residence or registration.

You can pick up a ready-made document indicating a change in property preferences from a notary or at a registry office.

When registering a transaction between close relatives, which includes:

Children.
Parents.
Grandmothers, grandfathers.
Grandchildren.

There is no requirement to pay the 13% income tax to the state treasury. If the gift comes from an outside party, the receiving party must bear the tax burden and registration costs.

Nuances of drawing up a gift agreement for a minor child (2021 sample)

Is it possible to cancel a contract of donation of real estate to a minor child? Yes, such a possibility exists - you can challenge the document within 3 years after it is signed by the parties. It is noteworthy that such a procedure requires compelling reasons, which may include:

Donation agreement for a minor child - where can I get a sample valid for 2021? When contacting a law firm, the contract is drawn up by a qualified specialist. If you want to write it yourself, you can’t do without a good example. You can download the current document form on our website. Using the form from our resource, you can create a correct legal document.

Guardianship approval

Having set the goal of obtaining permission for guardianship, you must take a number of steps:

contact social security;
wait for the final conclusion on the application (up to 60 days from the date of registration);
obtain a resolution from the head of the local executive authority to carry out the transaction.

During the inspection process, employees evaluate the donated real estate according to the following items:

Existence of harmful living conditions.
Third Party Claims.

Thus, the transfer of a home in which a person with a contagious form of illness is registered and has preferential use will not be approved by a social institution. Since being in the same room with such an individual can cause serious damage to the child’s health.

This does not take into account the real intention of the donor to move the child into the living space. Employees evaluate only official factors and proceed from all possible options for the development of events in the future.

Pros and cons of such a gift

Of course, with such a donation there are both pros and cons:

The advantage is that ownership of the living space is carried out immediately after signing the donation agreement.
The downside is that the donor will be able to add his own conditions to this agreement.

Based on the above. A deed of gift is good if it does not contain additional clauses that the donor can add. But if they exist, then in the future they may serve as a reason for returning the contract.

Especially if the donee does not fulfill the conditions specified by the donor in the deed of gift.

Difficulties in making a gift to a person under 18 years of age

An agreement to gift property to a minor imposes certain restrictions. For example, you can no longer perform any actions with the property - transfer it to tenants for a while, change it or donate it. All actions will require permission from the Board of Trustees.

If a violation or infringement of the interests of children is revealed, the authorized institution has the right to initiate legal proceedings. Thus, Russia provides for the alienation of property to children, but the procedure has its own nuances that must be taken into account before the process begins.