owner has the absolute right to property, which he has.He can sell, bequeath, give or take any other action on your own.However, giving a share in an apartment close family member has a number of features that greatly significant for the conclusion and implementation of this agreement.It is therefore important to know what should be done to correct the transaction.
Who are close relatives?
We find the definition in the Family Code, which states that it is the person, relatives of direct descending or ascending line, as well as full and half brothers and sisters (if you have common parents or one of them).And no mention of the close relationship of brothers and sisters, but still within the meaning of the law and the moral aspect and will refer this category.
Gifting property to close relatives
first identify with why we still choose the donation?Purchase and sale, we initially did not fit, because we want it to donate property.Will not that necessary, because we want to re-register the apartment is now, not after death.Moreover, in the case of the latter is provided by the obligatory share in the inheritance, which can not influence the testator.This kind of restriction on his freedom to choose the person who will get the real estate asset.Therefore it is suitable gift.The close relationship in this case is not of special significance, because there are no singularities.If you are giving a share, there is a shared ownership, which is a kind of general.It should be noted that the owner of the property has the right to give a share to any person, regardless of the will of the rest of the co-owners.
Join contract
clear that relatives have the personal relationship of trust with each other.But in any case, the contract shall be in writing.In addition, the transaction is in the process of compulsory state registration of which has been authorized body.The term, which documented the donation will be made to be 1 month.
Required documents
There is a general list of documents that provide close relatives in the state body:
- statements of the parties;
- paper that stamp duty paid;
- passport or other documents of identity;
- power of attorney for representatives, if such be;
- giving written contract (3 copies);
- documents to the property.
Depending on the situation, a list of documents may vary.For example, if the donor is married, the spouse's consent is necessary to perform such transactions.Moreover, this paper shall be certified by a notary.
Conclusion
Remember that the donation contract must be drawn up correctly.Relatives often argue in court, because during the conclusion of important agreements were hoping for a good relationship and have done everything properly.It is advisable to play it safe, because different situations may arise in the future.If you are not sure, contact a lawyer, that he was competent document that can not be challenged.
