Family relationships only at first glance seem reliable and honest. In fact, many conflicts and disputes arise between relatives, especially over inheritances that are significant in value of the property.
Therefore, many transfer part of their property during their lifetime to those whom they consider most worthy. And such a transfer is formalized by deed of gift. With such a document you can donate an apartment, a house, a car, or a share in an apartment to either a close relative or a stranger.
A deed of gift must be drawn up, certified by a notary, and the law also establishes another document accompanying the transaction. This is the Deed of Donation.
It fixes the procedure for accepting the transfer of property by gift, which the owner voluntarily gives to another person. How is this document drawn up, what are the requirements for it, is it really needed?
It is important to know the information so that in the future the new owner does not have problems with the donated property, movable or immovable.
What is it and why is it needed?
To begin with, it is worth noting that the acceptance certificate is an auxiliary document confirming the legality of the transaction . It is issued in a fairly short time.
Is a transfer and acceptance certificate required for an apartment donation agreement? Drawing up an acceptance certificate is not a mandatory point when concluding a transaction (according to Chapter 32 of the Criminal Code of the Russian Federation), however, this form will help prove that both parties were aware of all the conditions of the process and agree with the process of acceptance and transfer of property.
In the case of drawing up this paper, with his signature the recipient confirms his awareness of the additional points of the transaction and the condition of the premises , therefore, if disagreements arise, it will be almost impossible to prove the illegality of the transaction (only in the case of proof of the insanity of one of the parties or recognition of the existence of pressure at the time of signing the act) .
It is worth considering that not every transaction can be considered a gift .
It implies a completely free transfer of property into the ownership of another citizen. If, when transferring an apartment, the donee enters into a counter transaction (gives his property in exchange for the apartment), then this act of acceptance and transfer of the apartment to the donation agreement cannot be considered a gift (Article 170 of the Criminal Code of the Russian Federation).
Is it necessary
Sometimes a single agreement without a deed is drawn up between the donor and the recipient. But this acceptance document is reliable protection for both parties from all kinds of risks. Disputes may arise regarding a document, property, or its condition between relatives and strangers.
Between the one who received the gift and the one who counted on it:
- The act records the fact of transfer of property and the fact of its acceptance.
- It describes the state of what is in this case the object of donation. It is indicated that the actual condition corresponds to what is stated in the document.
- If there are complaints about the condition of the object, the recipient indicates them in this paper.
After drawing up and signing the deed, all responsibility for the property and its contents passes from the donor to the recipient. The car may get into an accident, but its repair, after drawing up the report, is now the problem of the new owner.
The same principle applies to housing that has been damaged by a neighbor’s leak or a gas explosion. If any problems arise, such a paper will be of great importance in protecting the interests of both parties.
ATTENTION! Property tax will now be paid by the one who received it under a deed of gift and accepted it under a deed of transfer.
It is in the interests of both the donor and the recipient to insist on drawing up and signing this document. If the property is in poor condition and the transfer act has not been drawn up, the recipient can make a claim against the donor even through the court.
How to draw up an act of acceptance and transfer of an apartment when donating?
There is a special form that needs to be filled out. This process will not take too long and will not cause difficulties. At the same time, it is best to consult with a lawyer in advance who can help you fill out the paperwork so that you cannot find fault with them in the future.
The deed of transfer for the apartment donation agreement consists of several points that must be filled out ; forms can be obtained from special institutions or printed out by taking samples on the Internet (there are many different sites where you can download the required form):
- First, you need to write down the date of conclusion of the act (in capital letters, this is done for security purposes).
- The place where the act of donating the apartment was concluded is written .
- Next, you need to fill in the empty columns , which include: - Information about the personalities of the parties entering into the agreement. Including full name, date of birth, as well as information from identification documents.
- — Information about the identity document (where, by whom and when issued).
- — Address of residence and actual residence of the donor and recipient.
- — Address of the apartment that becomes the property of the recipient.
- — General information about the area of the transferred premises.
- — The name of the body within whose walls this act was concluded and signed.
- — Signatures of both parties.
After which the conclusion of the transaction is recognized and each party receives an apartment donation agreement and an acceptance certificate.
If a donation of an apartment is formalized, the transfer deed is concluded in three copies, one of which is kept in the body that concluded the transaction. The rest become the full possession of the parties (one copy goes to the donor, the other to the recipient).
The act of acceptance and transfer of an apartment upon donation is a sample.
Required details
Although the form of the acceptance certificate is free, it must contain mandatory details. These include:
- date and place of compilation;
- data of the parties to the transaction, and when transferring into shared ownership - data of all recipients;
- information about the subject of the agreement - if a share is transferred, the parameters of the entire housing and separately the size of the share are indicated;
- date of transfer of housing with delivery of keys;
- an indication that the donee has no claims.
Separately, we note that with the participation of a representative, it is necessary to indicate the data of a power of attorney, giving him the right to represent the interests of one of the parties to the transaction.
In general, since we are talking about an act for a gratuitous transaction, the list of required details is quite short, and it is simply drawn up.
What information should be contained in the act?
This document contains many important clauses that contain basic information about the parties signing the contract . Such information includes:
- passport data, including information about where the document was issued;
- place of residence and registration of the apartment owner;
- real estate area;
- description of the condition of the apartment (taking into account all significant defects and indicating the date of the last major renovation).
Who should draw up an act of acceptance and transfer of an apartment under a gift agreement?
It is worth considering that it is impossible to draw up such a deed yourself, otherwise it will be considered invalid. Such a document must be drawn up and signed in the presence of a notary . It is very important that all points are completed correctly; a professional lawyer will help with this.
If the transaction was executed by a notary who was deprived of a license or did not have the right to carry out this activity during the period of signing the papers, then the act will be considered illegal. In this case, you need to contact professionals and draw it up again. At the time the transaction is declared illegal, the donor is considered the owner of the property.
If such an incident occurs and the donor refuses to renew the contract, he may be suspected of fraud. In this case, it is recommended to go to court.
Price
It is necessary to understand that the price of this issue depends on the price list of the office in which the registration took place. Most of the money must be spent on the services of a lawyer and notary. Otherwise, when submitting all documents for donation, including this act, a state fee equal to one thousand rubles is paid .
When transferring an apartment, it is necessary to take into account the presence of things that are part of it. It is necessary to understand that an important point when drawing up the transfer and acceptance certificate is a description of all the property that the old owner is ready to give away. Otherwise, various problems may arise in case of controversial issues.
Peculiarities
The law does not require the mandatory preparation of a deed of transfer when drawing up a gift agreement. All property rights of the new owner are confirmed by registration with Rosreestr, and this can be carried out without a deed.
But the notary executing the transaction must warn both parties about the existence of this document, its meaning, and legal force. Drawing up an act of transfer and acceptance of property as a gift is a legislative norm that was not developed by chance.
Paper may not be required if there are no claims between the parties. But in any conflict, the act becomes one of the main means of protecting interests and rights. The main thing is that it must be drawn up correctly, according to the reliable state of affairs, and signed by both parties.
How to correctly describe the property being transferred?
It is not necessary to make a description of all the property transferred for use, however, this is what will help avoid conflicts in the future. When describing items, the former owner can assign full ownership of the property to the new owner, and take items not specified in writing with him.
Application form with a description of the property.
It is very important to indicate in the act such items as:
- Various household electrical appliances (refrigerator, microwave, TV).
- Antiques (which may include family heirlooms, paintings, figurines, etc.).
- Meters (water meters, water and gas meters. It is very important to indicate the number of devices throughout the apartment).
- Other property that has some value, such as furniture.
After signing an agreement specifying these points, the old owner has no right to claim the transferred property.
Is it necessary to use it?
The designated documentation must be completed and available. However, subsequently, in the absence of a precedent confirming the entry into actual rights, it may not be required.
Further civil legal procedures in which the donated apartment will participate do not require the provision of a transfer deed. But in the absence of documentation on the transfer of the apartment, any civil dispute that arose over the ownership of the donated apartment may be lost.
That is, the main role of this paper is to certify the legal capacity of a transaction that was completed properly, in accordance with the law. And the property is transferred into the ownership of the legal successor with the donor’s own hand.
What should you check before signing a contract?
It is necessary to check the condition of the apartment in advance , because after the gifted person signs the contract, it will be almost impossible to challenge the fact of ignorance of what he had to face.
The most important thing is a preliminary check of the condition of the property, including the reliability of its location.
What should you pay attention to first?
- Availability of renovations that satisfy the taste of the new owner.
- The condition of the pipes, the availability of hot and cold water, electricity and gas in the apartment (if the house is connected to the gas network).
- Condition of sockets, lighting fixtures, windows.
- Technical condition of the apartment (a house in disrepair, which may soon be demolished, can be transferred).
All defects of the apartment can be specified both in the drawn up act and in a special annex to it.
In order for the apartment donation transaction to be successful and not bring unpleasant surprises to both parties, you should read our other articles on this topic:
- Features of the procedure between relatives and between spouses.
- How to draw up a deed of gift and what are the features for mortgage housing?
- Essential and additional terms of the gift agreement.
- Transaction tax.
- What is better - a deed of gift or a will?
When drawing up the transfer and acceptance certificate, you must be extremely careful; the slightest mistake can put you in a difficult situation, from which it will be extremely difficult to get out. The best solution would be to contact a professional lawyer who will competently draw up a contract and point out all the errors and details that need to be noticed.
