To start dwell on the question "why the co-owners choose donation share apartments."Selling initially does not fit, it is because we want the donation of the property of another person.It turns out a will.You should always remember the main restriction of the freedom of the will, which exists in the legislation.It is obligatory share in the inheritance, when other persons may qualify for half of the part that they could receive under the law.However, this applies only to the heirs of the first stage, but still is a significant limitation.Thus, the share of apartments donation excludes this possibility, so the choice falls on him.
Form of Contract
Some mistakenly believe that the form of the contract of donation apartments share is mandatory notarization.Simply put, the agreement should make and notarized.This is not the case, since the Civil Code has provided for such transactions writing.Article 161 is regulated.Of course, this does not mean that there may be no specific requirements to the contract.
Basic requirements for an agreement
always better to entrust the drafting of the contract a professional lawyer, whose skill no doubt.But if for some reason compilation issued by yourself, you should adhere to certain rules.The contract of donation apartments shares should read as follows.As already mentioned, the written form is required.Next, you must determine the location, the date of the given sides (full name, passport data).Identify the property, write the address and its characteristics (number of rooms, the presence of balconies, loggias, and so on. N.).Important notes on the title documents.It is on this basis takes the alienation of rights in favor of another person.In the end the parties sign (with details) paper.
onerous conditions
Sometimes the donor uses other terms.Donation share apartments in some way to be profitable and the person who gives.Therefore, there are such conditions, the presence of which is unacceptable.For example, it is often used elderly.In the contract, they give a share to a certain person, provided that that person will care for him until his death.Note that in this case it is already the subject of other transactions, namely the contract of lifetime support.With these conditions the donation contract can be declared null and void.
State registration
final stage of agreement between the parties - it appeals to public registration of rights (the name changes frequently).Employees need to carefully check the contract, and if he does not meet the requirements of the legislation, it will be submitted for revision, giving issue fail.Here again the assistance of a lawyer is important, because without special knowledge alone is difficult to understand all the intricacies.If everything is in good condition, the public authority registers the deal.Since the issuance of the certificate of the right to the apartment transferred to the donee.Thus, the share of apartments donation made.
