Almost everyone has owned some property, movable and immovable, which he may dispose of, as it considers appropriate, he may sell it, exchange, gift or even destroy it.In some cases, to make a gift, you must enclose a donation contract, which confirms the gratuitous transfer of items to another person.It shall be in writing and must be signed by both the donor and the donee.
To contract was made legally correct, it is best to contact an attorney.You can make it on their own.Keep in mind that the donation is carried out free of charge, and so the contract can not prescribe any conditions (after death, when carrying out maintenance, etc.).It is not necessary to specify in the contract value of the property.
What are the requirements for drawing up the contract?
is mandatory:
- should reflect the passport details and specify the address of the residence;
- describe in detail the subject of the contract.If, for example, if it is an apartment, you need to specify what address it is located, the number of floors in the building, floor, room and common area of the apartment, as well as the number of rooms.
- specify the documents which set forth the rights of the donor of the property.
After the signing of this agreement the parties need to register a deed of gift by a public body for the registration of real property rights.Only then it is considered duly executed and can have legal force.
What documents giving the apartment need to provide when registering?
1. 3 copies of the contract of donation;
2. documentary proof of the right to housing;
3. Passport of the BTI;
4. regular passport;
5. Receipt of payment of state duty for registration of the contract.
Registration is carried out within one month.Also have to pay the state fee for transfer of ownership.
Taxation donation
In the case of donation apartments donee to pay taxes.Its rate is 13% of the value of the property (apartments).If a donation contract is concluded between close relatives, family members, it is not necessary to pay the tax.Therefore it is necessary to submit supporting documents related communications parties.These documents are: certificate of marriage, birth, the judgment, etc.
possible cancellation of the contract in the case of intentional infliction of physical harm to the donee (injury) to the donor, an attempt on his life and his family.If the donee has committed the murder of the donor, the right to demand cancellation of passes to heirs.The presenter at any time can go to court and challenge the contract, if he considers that his rights have been violated.
is not necessarily a donation contract immediately, as it can be promised.The promise should be duly executed.It must also be in writing and be registered by the same rules.The promise must contain clearly expressed intention to transfer free of thing in the future, an individual person.The thing to be described in detail, or can recognize the promise void.
In that case, if the donor has died, his heirs must carry out the donation and transfer a thing specified person, unless the contract provides otherwise.
presenter, to himself not to execute the contract - because of their age, lack of time or other reasons - maybe through a notary to issue power of attorney for the person who will represent the interests.This power of attorney must be recorded information about the property - subject of the contract, as well as data donee entity.If these conditions are not met, the power of attorney may be considered null and void.
