owner has the right to dispose of property at their discretion.He can sell it, donate, exchange, bequeath, etc.Often there are situations when you need some way to transfer the apartment in the property of another person.This may be a relative, friend, acquaintance, etc.And to the owner raises the question, what is better - a will or deed of gift to the apartment.The unequivocal answer is no, because both have a method of transmitting its pluses and minuses.
What will?
This transaction made in writing, expressing the will of the testator on the transfer of property belonging to him after his death, heir or several heirs.Rights owner transfers its real estate by inheritance (will) are protected to a greater extent than when framed gift certificate for an apartment.He may at any time change his will.In addition, he is the owner to death, and can use the apartment legally, without fear that it will expel the new owner.At the same time the will is much more likely to challenge in court, and the heirs could lose their apartments.
How to make a will
This document is drawn up only personally in writing.Compiled should be legal competence.Registration takes place in the presence of a notary certifying the deal.It will be considered valid without verification of his notary, if the testator was in a life-threatening situation or because of some other extraordinary circumstances could not arrange it in due course.
What is the deed to an apartment
This agreement, in which the donor transfers or undertakes to transfer the ownership to the donee gratuitously apartment.This form of transfer of property is most beneficial to the new owner.It can fully dispose of them immediately after the state registration of apartments in the FRS, which is carried out in two steps:
- on donation contract is put a special registration inscription;
- new owner of the certificate on state registration of property rights.
donated property is not included in the list of property to be distributed after the divorce, so if there are doubts about the future of the marriage, it is best to use this method.
Gift to the apartment accompanied by the need to pay tax.For the relatives it is minimal due to a number of benefits.For distant relatives and friends, acquaintances, etc.Tax is 13% of the purchase price.
Gift certificate shall be in writing.A mandatory state registration, which can make the notary present during the transaction, and the donor himself, by contacting the FRS.
Gift to the apartment can be issued only if the following documents:
- three copies of the contract of donation;
- extract from the house register;
- certificate of registration rights to the apartment;
- receipt for payment of state duty;
- cadastral and technical passports.
Treaty donation to the apartment can be entered only once, in contrast to the will, which can be rewritten at any time.
Gift to the apartment can be made out by representatives of the parties.This usually friends or relatives.Keep in mind that the same person can not represent the interests of both sides.It is advisable to register the deed personally, as a chance to challenge in court the apartment is increased.Before you decide to use one or another way to transfer rights to the apartment, it is better to appeal to experienced lawyers who will provide the necessary assistance in the preparation of documents, prompt what to do in a particular case.
