Advice 1: How to donate daughter's apartment

Transaction of gift is governed by article 572 of the Civil code of the Russian Federation and formalized agreement between the donor and the donee. To give the apartment to her daughter can prepare the necessary documents.

You will need
  • - passport;
  • - documents for the apartment;
  • - extract from the BTI;
  • - notarized authorization for the transaction from all owners;
  • - cadastral extract;
  • - extract from the house register and a personal account;
  • - the contract;
  • - the act of transferring;
  • receipt for registration services.
If you are planning to give the apartment to her daughter, prepare fresh cadastral extract. Cadastral passport has a shelf life of 5 years, after which you will have to update the information to obtain the necessary statement.
Please contact your regional Bureau of technical inventory documents for an apartment and my passport. Complete the application form for challenge of cadastral engineer. Pay the state fee for the provision of services. Based on the inspection of your apartment all documents update, after which you will be able to get all the statements required for the transaction of donation.
Apartment, located only in your property, you have the right to give her daughter without getting additional permits. However, if the apartment have the right of ownership of other persons, receive their written consent, without which it is impossible to give real estate.
If the incapacitated apartment owners contact the authorities of guardianship and guardianship, give written notice that you expect the apartment to give. On the basis of the decision of bodies of guardianship and guardianship, notarized permission of parents, guardians or legal representatives of incapacitated people, you can make a deal of giving.
Alienating an apartment owned by spouses, joint daughter get a notarized authorization from the other spouse is not necessary.
Preparing all the documents, conclude the contract of donation. In accordance with the Civil code, it is possible to arrange in the simple written form with notarization or without, and also to address to the notary and to use the service for the execution of the contract. The cost of concluding a notarial contract is 1% of the cadastral value of the apartment. Before contacting the notary will receive the certificate of the cadastral value of the apartment in Bureau of technical inventory.
The final stage of the transaction is the state registration of rights of ownership to your daughter. To the Registrar apply, please submit a passport of the donor and the donee, the cadastral extract, contract, act of transfer and acceptance. In 1 month your daughter will receive a certificate of ownership presented to the apartment.

Advice 2: How to give the apartment to his son

The essence of the process of donation is that the donor transfers the residential premises (apartment) the donee free of charge. If the donor and the donee are close relatives, e.g. son and mother, will come into effect the special provisions of the Tax code.
To transfer flat in property to the son or daughter on a gratuitous basis, to draw up a contract of donation. It lies in the simple written form in triplicate. To use the services of the notary for conclusion of this agreement do not have, you can contact a lawyer or to write a contract yourself. Use on the Internet form of the contract, but in any case, consult with a specialist.
In the contract list all the information about the object of donation is the address of the apartment, number of square meters, rooms, floor, number of floors in the building, balcony. Also, provide the title documents (the previous certificate of registration of right of ownership). In case if the apartment is in shared ownership, you can pass in the order of donation belong to you share. If the apartment belongs to you, but bought in the marriage it is joint property, and give this apartment the child only with the written consent of the spouse, prepared and certified by a notary.
You must then register the contract in bodies of state registration of property rights. Along with a gift agreement in triplicate to the Registrar, provide documents of title to the apartment, the passport of BTI, passport of the parties, the receipt on payment of the fee for the registration of a contract of donation. In addition it is necessary to pay a fee for the transfer of ownership to the donee. Its size is not excessive and in September 2011 was $ 1 000.
As regards taxation, since the donor and the donee are close relatives, shall apply clause 18.1 of article 217 of the Tax code. Therefore, the income received in the process of donation of the apartment, shall be exempt from taxation.
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