How to draw up a deed of gift by power of attorney - sample and norms

Giving by proxy through a representative in 2021 is a fairly common phenomenon in legal practice, which makes it possible to significantly simplify the procedure for registering a gratuitous donation if one of the parties to the deed of gift is unable to conclude a transaction for some reason.

Today one of the site’s authors, a practicing lawyer and the author of yesterday’s article on the oral form of a gift agreement, Oleg Ustinov, will talk about all the norms, rules and unobvious nuances of such a gift.

When may you need a power of attorney for donation?

A power of attorney is a document according to which one citizen (principal) authorizes a second citizen (attorney) to represent interests before a third party.

It may also be needed when donating in several situations:

• The donor cannot be present at the transaction in person: he is sick, is abroad, etc.;
• The donor is a legal entity, and the founder or director cannot formalize the deed of gift personally. The document appoints a legal representative.

The form of the power of attorney depends on the type of transaction. According to Art. 574 of the Civil Code of the Russian Federation, a gift agreement (hereinafter referred to as DD) is drawn up in writing if real estate is being donated, the donor is an organization and the value of the gift exceeds 3,000 rubles, or the citizen promises to give a gift in the future. In other cases, an oral transfer of the gift is sufficient.

Important

If the DD requires notarization, then the power of attorney must also be certified by a notary. A power of attorney agreement without a certificate is signed only in a notary office.

What types of power of attorney are there?

A power of attorney is a document according to which one citizen gives authority to another to carry out transactions with property. Any procedures involving an authorized representative require notarization.

The most common reasons why a power of attorney is required are the following:

• The donor cannot appear in person at the notary’s office due to illness;
• The owner of the “gift” is in another city;
• There is no time to deal with paperwork yourself.

Let's look at a practical example:

Mironova S.V. lives in Krasnodar, in Moscow she owns an apartment in which her son lives. She also has a daughter - we lost contact with her several years ago. Mironova S.V. decides to give his son his home in the capital. To do this, she first takes the passport details of her friend, who lives in the same city as her son, and goes to the notary. Having paid the state fee, she draws up a special power of attorney in his name and sends it by registered mail with acknowledgment of receipt. After receiving the trust document, Mironova’s acquaintance S.V. can donate housing on behalf of the owner.

Now about the types of powers of attorney in detail:

• Special gives the right to perform similar actions on behalf of the representative;
• A one-time transaction is issued when only one transaction must be executed by the trustee;
• General authorizes the trustee to freely dispose of property: donate, sell, exchange.

Expert commentary

Shadrin Alexey

Lawyer

Most often, a special or general power of attorney is used to draw up a deed of gift.

Representative rights

The transfer of a gift through a trustee results in the assignment of rights and obligations. The donor will be able to transfer them to the representative within the chosen type of power of attorney.

Donor

The donor is not too limited in his options. He is guaranteed the right to make a decision:

• donate part or all of the property;
• refuse donation after deterioration of health and financial situation, attack or injury;
• live in the donated property;
• revoke a gift after neglect and damage;
• compensate for the damage caused;
• cancel the transfer due to the death of the donee.

Heirs and relatives will go to court after actions committed by the donee that led to the death of the person who executed the deed of gift.

donee

The donees have the right to receive and dispose of real estate and property at their own discretion, subject to certain conditions. Refusal is not prohibited prior to the transfer of rights.

Registration takes place in writing from a notary. When the agreement has been registered, the refusal will also be registered (Article 574).

Is it possible to appeal a deed of gift for housing?

A gift agreement can be canceled in court in the following cases:

1. The donor died, and the new owner did not have time to register the apartment in his name. If the deceased has legal heirs, they can go to court, demanding that the deed of gift be declared invalid. More often than not, judges tend to side with relatives.
2. The donor was declared incompetent. This procedure also takes place through the court.
3. The donee committed unlawful acts against the donor (causing severe bodily harm, murder).
4. The donor's financial situation deteriorated sharply.
5. The donee treats the property carelessly.
6. The document was drawn up in violation of the law.

What can you give by proxy?

Citizens and legal entities can draw up deeds of gift for different types of gifts that belong to them as property:

This is also important to know:
How to notarize a gift agreement

Required documents

The following documents will be required for registration:

• principal's passport;
• passport details of the trusted person (to avoid mistakes, it is better to provide a passport or a copy of it);
• passport details of the donee (similar);
• certificate of ownership of the apartment;
• documents on the basis of which the property was transferred into ownership. This could be a purchase and sale agreement, a certificate of inheritance, or a deed of gift.

We suggest you read: Does a hospital have the right to refuse hospitalization?

To register rights to a received gift, it is necessary to submit the following documents in 2 copies, one of which is always the original:

• completed application forms of both parties, which can be issued at the registration service itself;
• a receipt confirming payment of the state duty;
• any document confirming the ownership rights of ownership of real estate - purchase and sale agreements, transfer of premises into ownership through the privatization process, agreement of exchange, gift, etc.;

You can learn about a gift agreement with the right of lifelong residence of the donor from the article:

“Donation agreement with the right of lifelong residence of the donor”

.

Read how to draw up a gift agreement here.

This page will tell you about the real estate gift tax.

• a certificate of registered persons on the territory of the residential premises being donated or an apartment card;
• technical documentation for an apartment or house, which is taken from the BTI;
• certificate form No. 4 from the BTI;
• sometimes they may require written consent of the co-owners to donate property;
• deed of donation by power of attorney - 3 originals in the case of donating an apartment and 6 originals in the case of a residential building with a plot of land.

Features of donation by power of attorney

The main rule regarding the power of attorney is established in paragraph 5 of Art. 576 of the Civil Code of the Russian Federation. According to it, the document must contain information about the donee and the subject of the donation (gift). Without such information, the power of attorney is void, and it is impossible to draw up a DD using it. For example, it will not be accepted when registering a transfer of ownership in Rosreestr, and in general the transaction will be easier to challenge.

There are other rules:

• The donor's representative does not have the right to make transactions in relation to himself and act as the donee (clause 3 of Article 182 of the Civil Code of the Russian Federation);
• Powers of attorney on behalf of citizens in prison, in military service, in stationary social organizations, with the signature of an authorized leader, are equivalent to notarial ones. He certifies the document, because a person does not have the opportunity to come to a notary’s office;
• To transfer a gift from a legal entity, a power of attorney is issued by the head or other authorized citizen in accordance with the constituent documents and legislation (Article 185.1 of the Civil Code of the Russian Federation).

Important

If an attorney acts on behalf of the company when donating by proxy, you will need not only the signature of the manager, but also a seal.

Advantages and disadvantages

The benefits of making a gift by power of attorney include:

• Removing the donor from the need to collect papers himself, drawing up an agreement and its approval by government agencies and shifting all these concerns to the representative.
• The opportunity to donate an apartment, even if, due to circumstances, you are far from the place where the transferred living space is located.

The disadvantages of this method can be considered:

1. There is a noticeable lack of information from the represented person about how the agreement that is significant for him is being drawn up and possible problems.
2. The danger of dishonest and fraudulent actions of a representative.

Subtleties of the transaction

Detailed information about the object and the recipient, including entering passport data, will help prevent complications and confusion. Relatives do not have the right to dispose of property and expect automatic transfer after a sudden death.

There is a prohibition when drawing up a contract. The transfer is not possible if one of the parties is a company, an official in the public service, or an employee of the social and medical industry. Minors and dependent citizens are required to obtain permission from their guardian.

On behalf of a minor

Minor children will not be able to participate as a party until they reach 14 years of age. The status will allow you to receive a gift. Natural parents, adoptive parents and guardians will manage the property until adulthood.

Donor and recipient in different cities

When living in another city or region, you need to prepare a document for a specific person. It will be sent to the absent party by courier, registered mail with a register and return receipt.

Staying abroad will make adjustments. The paper will need to be translated and certified through a notary office or consular service.

Several representatives

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The interests of the parties may well be represented by proxies. They will participate in the preparation of papers, sign for their protégés, and handle the registration and transfer of property.

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The donee as a representative of the donor

An attempt to present the donee as a representative of the donor will turn out to be a pure scam and an illegal transaction. The article of the code indicated the impossibility of simultaneously signing a power of attorney for one person, acting as a representative of two parties (Article 182).

Cost and content of a power of attorney for donating an apartment

A power of attorney to donate an apartment must be drawn up in writing. But unlike the deed of gift itself, the law requires official certification by a notary. The total cost of document preparation is 1,200 rubles: 1,000 for the gift deed and 200 for the notary fee.

The power of attorney contains the following information:

• delivery address;
• date of issue;
• passport details;
• information about the apartment that is being donated;
• data from documents that confirm ownership of real estate;
• powers of the trustee;
• information about the donee;
• validity period (no more than three years);
• information about the possibility or absence of re-issuing a power of attorney to another person;
• signatures.

According to Art. 186 of the Civil Code of the Russian Federation, if the validity period of the power of attorney is not specified, it is valid for no more than 1 year.

In addition to the signatures of both parties to the agreement, it must also be signed by a notary. It is also worth recording on paper the amount paid for obtaining the power of attorney and the number in the register.

Terms and dates in the power of attorney must be indicated not only in numbers, but also written in words.

The contents of such a deed of gift

A power of attorney is a document by which one person gives authority to another person to be his representative before a third party (Article 185 of the Civil Code of the Russian Federation).

This document can be issued for a period of 3 years, and if the terms are not specified, then the power of attorney remains valid for up to 1 year from the date of the transaction on its basis (Article 186 of the Civil Code of the Russian Federation).

When concluding a deed of gift, the donor may express his desire to give authority to another person, or the recipient may do the same, which is good, for example, reflects a sample gift agreement by proxy from the donee

The deed of gift must contain the following important information:

• place of registration and conclusion of the transaction - name of the city;
• date – must be written in letters;
• passport details of both parties or their representatives;
• indication of these powers of attorney or power of attorney;
• state that the donor is in a state of full awareness, mental health and his desire to make a gift is a voluntary act;
• all information about the object of donation:
  Name.
• Location.
• Legal status and address.
• Technical and other characteristics.
• Cadastral value of the property.
• Ownership.
• Please note the absence of any debts regarding the object of donation, as well as the fact that it is not located:
  On bail.
• Under arrest.
• On trial.
• Encumbered by the rights of other persons.
• it is imperative to record the date when the moment of ownership begins for the recipient;
• the presence or absence of the right to sub-delegation is indicated (marked “with sub-delegation” or “without sub-delegation”);
• the number of copies that are handed over to the parties is specified;
• signatures of both parties.

Is it possible to draw up a gift deed by power of attorney?

The holder of a power of attorney from the principal has the right:

• Contact government authorities;
• Submit applications, applications and requests;
• Make decisions, receive documents and sign them on behalf and in favor of the donor.

The agreement for the donation of an apartment by power of attorney is concluded in the presence of a notary, who will act as a witness in the event of legal proceedings.

Representative rights

The representative has a number of rights and obligations that correspond to the interests of the principal.

Donor's rights

The donor has a wide range of rights. He can:

• Give someone your property or part of this property;
• He may refuse a gift if the loss of this property will negatively affect his health or the life of his family. Also, the reason for refusal may be an attack by the recipient on the donor, causing him harm;
• Revoke a gift due to the recipient's neglect of the gift. The relationship is determined by the deterioration of the condition of the gift, threatening its complete destruction;
• Live in the apartment that was donated;
• Demand compensation if the gift recipient causes damage to the property or the donor;
• Can cancel a gift transaction if the gift recipient dies.

If the recipient has made an attempt on the life of the donor or even killed him, then the relatives of the donor have the right to challenge the deed of gift through the court.

Rights of the donee

The recipient of the gift has three rights:

• Accept a gift;
• Don't take it;
• Conduct any transactions with the donated property.

If the recipient decides to refuse to accept the gift after the conclusion of the contract, but before the transfer of property into his actual possession, then he must register the refusal in the state register.

In what cases can this procedure be refused?

If the power of attorney is executed by a notary, the specialist may refuse to provide services:

• the procedure violates the law;
• provided false documents;
• a power of attorney is issued by an incapacitated person;
• has the fact of coercion or threats from the attorney;
• incomplete provision of papers for the procedure.

The same applies to concluding a gift agreement.

If a notary reveals incompleteness or inconsistency of documents, establishes the incapacity of one of the parties, or suspects a violation of the law, the deed of gift will be refused.

As they say, measure seven times...

How to donate real estate by power of attorney: step-by-step instructions

The procedure is similar to an independent donation by the parties, but there is one step in it - the execution of a power of attorney for the representative. Both the donor and the donee have the right to do this if they cannot be present at the transaction in person.

Important! The agreement can be signed in person, and a power of attorney can be issued to an attorney to register the transfer of ownership, because the presence of all participants in the transaction is required. If it is not possible to sign the DD, a representative has the right to do so.

Agreement with the donee

First, you need to agree on the deal with the recipient of the gift: tell him what property is being transferred to him, when and where to sign the deed of gift. This step is important because... he can refuse the deal (Article 573 of the Civil Code of the Russian Federation).

Registration of a power of attorney

It is necessary to find a person to represent your interests. It can be a relative, acquaintance, friend - the choice is left to the principal. If the attorney agrees, you need to issue a power of attorney with a notary.

Validity

According to Art. 186 of the Civil Code of the Russian Federation, a power of attorney that does not indicate its validity period remains valid for 12 months from the date of signing. If the date is not specified, the document is considered void. The maximum period is 3 years.

If a notarized power of attorney is intended for transactions abroad and does not contain information about the validity period, it is valid until canceled by the principal.

Documentation

To issue a power of attorney you will need:

• Passports of the principal and attorney;
• Certificate of ownership or extract from the Unified State Register for housing;
• The principal's title documents for real estate: purchase and sale agreement, exchange, etc.

State duty

According to Art. 333.24 of the Tax Code of the Russian Federation, the state duty is 200 rubles. If a notary's assistance is required in preparing a document, this is paid separately. On average, prices for additional services start from 2,000 rubles. and depend on the region.

Registration of deed of gift

When the power of attorney is issued, you need to sign the DD. An attorney does this on behalf of the principal (donor), and the donee signs independently.

Important

If the DD requires certification, it must be signed directly by a notary.

Documentation

The list of documents is almost the same as when drawing up a power of attorney:

• Passports of the parties;
• Power of attorney;
• Deed of gift (if drawn up independently and not from a notary);
• Real estate documents.

Registration of the transaction in Rosreestr

After signing the DD, the representative and the donee need to come to the MFC or Rosreestr to submit documents for re-registration of ownership. If a contract of promise of gift has been drawn up, the application is submitted only from the moment its execution begins - the date is indicated in the document.

For registration, the list presented above is provided, but in addition to it you will need a deed of gift.

If the gift is not real estate, but, for example, a car, registration is not required. All you need to do is make changes to the title and register the vehicle with the new owner.

State duty

Individuals pay 2,000 rubles for re-registration of real estate, organizations – 22,000 rubles.

Advantages and disadvantages

The transaction participant is exempt from independently collecting documentation. Now this is done by an authorized person.

If a person is in another locality, he does not need to come to conclude a gift agreement.

No one is immune from fraudulent activities. A fiduciary may pursue personal interests, which may lead to unintended consequences.

Acting through an authorized representative, a citizen may not be fully informed regarding the transaction.

Risks

If a gift is transferred by proxy, then there are several risk factors.

The most dangerous are actions under a general power of attorney, which gives the attorney the right to dispose of property. He may well register the property in his own name or give it to another person. Therefore, the best option is a one-time deal.

Another risk arises when the contract is contested. If someone wants to invalidate the deed of gift through the court, he can refer to the fact that the principal was not aware of the consequences when concluding the agreement. To reduce the likelihood of cancellation of the transaction, it is necessary to have the power of attorney certified by a notary.

Actions of the authorized person after receiving the power of attorney

After the trustee transfers a document giving the right to carry out transactions with property, the trustee performs the following procedure:

1. Agrees with the donee on the place and date of execution of the deed of gift.
2. When visiting a notary, a gift agreement is drawn up. It is not subject to state registration.
3. The notary issues the deed of gift.
4. The recipient goes to the MFC or Rosreestr, provides an application, deed of gift and other documents.
5. After reviewing the materials, the gifted person is given an extract from the Unified State Register or a certificate of ownership.

The cost of certifying gift agreements depends on the price of housing: up to 10,000,000 rubles. – 3,000 rub. plus 0.2%, over RUB 10,000,000. – 23,000 rub. and 0.1% of the amount exceeding RUB 10,000,000. The maximum amount of state duty, regardless of the value of the property, is RUB 50,000.

Requirements for real estate donated

By law, you can donate any real estate (both residential and commercial). In addition, a citizen has the opportunity to donate both the entire housing and its share.

If the new owner subsequently wants to sell his share, he will first have to offer it to the co-owners, and if they refuse, put it up for general auction.

Regarding the size of shared ownership, the law also does not define clear boundaries. The co-owners themselves decide who gets what part of the property, and therefore the donated share can be either 2/3 or 1/8 of the total living space.

There are also no restrictions on the condition of the donated property. It may be located in old buildings and have encumbrances. In the latter case, the apartment passes to the new owner with all debts.

By signing a gift agreement, he automatically receives all encumbrances of the previous owner.

That is why unilateral conclusion of a deed of gift is prohibited - the recipient must know what he is getting into, taking into account the possible negative consequences.

This is the option where you really look a gift horse in the mouth.

Positive and negative aspects of a gift transaction by power of attorney

• a one-time document transferring authority to a representative to perform one action;
• a special document allows the representative to carry out a number of similar legal actions;
• a general power of attorney transfers to the representative a full list of rights to dispose of the apartment, including alienation in favor of third parties, receiving profit from the apartment, and so on.

Thus, in order for the owner to be confident that the representative will not deceive him for his own personal purposes, it is necessary to limit his powers to a certain extent, which is indicated directly in the power of attorney.

• drawing up a deed of gift as a document;
• registration of this transaction in Rosreestr.

According to the rules for concluding a deed of gift, it is drawn up in writing, preferably certified by a notary. The donation agreement is signed by the donor himself or his authorized representative. At this stage, the participation of the representative occurs in the same way as the participation of the donor himself. The presence of the donee is not necessary.

In cases where the deed of gift by power of attorney is signed by the owner himself, his participation in registration is not required. It is enough for the donee to personally submit an application to Rosreestr with a package of documents and a deed of gift.

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However, when a deed of gift is concluded with the participation of a representative on the part of the donor, his presence when submitting an application for registration of the transaction is necessary. After all, he needs to confirm the legitimacy of his authority to conclude a deed of gift on behalf of the owner.

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• a power of attorney that gives him the authority to donate an apartment;
• your passport.

You need to know that a power of attorney is a personal document and cannot be transferred anywhere in the original. It is only submitted in the original to the required places, and a copy is left if necessary.

The law establishes restrictions when a gift is impossible in principle or is possible with the consent of third parties.

1. If the donor is not the full owner of the property, then he does not have the right to give it as a gift.
2. If the donor has ownership rights to only part of the apartment, then the deed of gift must indicate exactly the part that belongs to him, otherwise the transaction will not be legitimate.
3. If other persons own the apartment together with the donor, that is, without determining the shares, then it is necessary to obtain the consent of all other co-owners.

In addition, if the donor has not reached the age of majority, then, by decision of guardians and other representatives, it is impossible to make a donation in favor of these persons. When alienating the property of minors, the consent of the guardianship authority is required, which does not allow this if the transaction is free of charge. That is, minor children can donate an apartment in exceptional cases at the discretion of the guardianship authority.

• The donor pays a state fee, the amount of which is two thousand rubles;
• A prerequisite for registering a transaction is the requirement that both parties appear at the registration office and sign the agreement. Both the owner of the property and his representative can come, depending on the circumstances and what specific powers were transferred to the trustee;
• Both parties to the contract must bring a package of required documents. Their collection on the part of the donor is often carried out by a trusted person - a person who has the rights to carry out such procedures, and to whom the rights to representation in government bodies, housing and communal services, etc. are transferred. In addition to the documents, there must be a receipt confirming payment of the state duty;
• After the documents have been checked and everything is in order, a special application for registration of the transaction is drawn up, examples of which can be found on the endless expanses of the Internet. But this is just extra work, since the parties will be provided with a form for its preparation and will be helped to fill it out correctly. Then the parties to the transaction only have to put their signatures on paper;
• Next, the registrar issues a special receipt indicating when it will be possible to pick up the certificate of change of owner and transfer of property according to the deed of gift. In addition, this receipt indicates that the documents provided for registration have been accepted and will be used as confirmation of the legality of the transaction. Therefore, among the package of documents there must be a power of attorney from the owner of the property to his authorized representative;
• The next step is important for the donee, because he is the one who should come to the MFC to receive a certificate of ownership of property. This written piece of paper transfers the recipient to the caste of happy owners of their own square meters.

But there are some nuances of the deal that can negate all the efforts of the parties. For example:

• The transaction will be canceled if the owner does not have a title certificate for ownership of the property;
• The donor must be legally capable at the time of concluding the transaction;
• It is impossible to issue a deed of gift if minor children live with the donor in the apartment he wants to donate.

Let's consider the advantages:

1. The donor entrusts the trustee with the task of collecting all the documents necessary for the transaction, drawing up an agreement and registering it with government agencies.
2. The donor is given the opportunity to carry out the contract through a proxy, even if he is not located in the city where the donated property is located.

Let's look at the disadvantages:

1. The donor may not have sufficient information about how the transaction process is progressing.
2. By entrusting the transaction procedure to a stranger, the donor runs the risk of encountering scammers.

Termination of power of attorney

According to Art. 188 of the Civil Code of the Russian Federation, a power of attorney is revoked for one of several reasons:

• The expiration date specified in the document occurs;
• Cancellation of a power of attorney by the principal;
• Refusal of the attorney's authority;
• Death of the principal or representative;
• Bankruptcy of an attorney or representative in an arbitration court if he loses the right to issue powers of attorney.

To terminate powers, a consent to refuse is drawn up. The parties have the right to draw it up at any time and contact a notary.

Risks when making a gift by proxy

Considering that through this gift document a person transfers his authority to dispose of his property within certain limits. Therefore, he must have a trusted person in whom the owner of the object is one hundred percent confident. By transferring certain rights and powers, the donor consciously takes a risk.

From a security point of view, the donor should give preference and issue a one-time power of attorney, since this document:

• has a limited validity period;
• clearly defines the boundaries of the representative’s powers;
• contains all the information about the recipient.

This means that the trustee will not be able to take advantage of the situation in his own favor, or fraudulently dispose of the property entrusted to him at his own discretion. If there is a need for a general power of attorney, then the represented person must clearly understand the full extent of responsibility and possible risks, since this document gives the representative all the powers and rights that the represented person has. Having a power of attorney in hand, a person can:

• dispose of property at your own discretion (sell, exchange, donate, pledge, etc.);
• make cash payments on behalf of the represented and accept incoming payments;
• sell securities (shares, bonds, certificates, etc.) and buy them;
• make official requests to various authorities;
• receive various documents;
• put signatures, etc.

In other words, the representative can do everything that does not contradict the law, therefore, when drawing up a general power of attorney, the represented person is at great risk. Often, in order to save on issuing a power of attorney, the donor, instead of several one-time ones, decides to issue one general power of attorney, thereby risking losing all his property and funds in bank accounts due to insignificant savings.

Invalid

A document may be declared invalid if:

1. The principal canceled his action.
2. The representative refused it.
3. His term has expired.
4. Issue date missing.
5. In case of death, absence, limited legal capacity or incapacity of the principal.
6. In case of death, absence, limited legal capacity or incapacity of the trustee.
7. The real estate on which the bumana is registered is inhabited by minor children adopted or under the guardianship of the donor.

Arbitrage practice

Often, interested parties turn to the courts to invalidate DDs and powers of attorney, justifying this with the above reasons or a violation of their interests.

Here are some examples of decisions where claims were satisfied:

• Decision No. 2-3/2019 2-3/2019(2-517/2018;)~M-466/2018 2-517/2018 M-466/2018 dated January 22, 2021 in case No. 2-3/2019 ;
• Decision No. 2-17/2019 2-17/2019(2-2093/2018;)~M-1268/2018 2-2093/2018 M-1268/2018 dated January 15, 2021 in case No. 2-17/2019 ;
• Decision No. 2-335/2018 2-335/2018(2-5440/2017;)~M-3301/2017 2-5440/2017 M-3301/2017 dated September 28, 2021 in case No. 2-335/2018 .

Additional questions

Power of attorney with the right of substitution

The holder of a power of attorney by law has the right to entrust the very conclusion of the transaction to another person.

But this is only possible if such a possibility is indicated in the power of attorney. Also, re-entrustment can only be done in certain circumstances, and this should not harm the interests of the original principal.

What are the differences between donating an apartment with and without a power of attorney?

Considering the process of donating an apartment, both with and without a power of attorney, the procedure remains unchanged, that is, all accompanying documents must be present, everything must be notarized, and the like.

However, in the case of the presence of a document, on the part of the donor, his representative will act, who will legally be able to transfer the apartment for private use free of charge to the person for whom this valuable gift is intended, and there is no need for the personal presence of the donor.

When drawing up a trust document granting the right to donate an apartment to someone on your behalf, it is recommended to indicate exactly to whom exactly you want to give the property, as well as what kind of living space located at a specific address.

Otherwise, if such data is not indicated, the text of the power of attorney with the right to donate the apartment will be null and void and, therefore, invalid.

The period for which the power of attorney is valid and in which case it ceases to be valid

Considering a power of attorney as a business document that provides certain opportunities to third parties, it should be noted that there are restrictions on the period of its use.

According to current legislation, the validity of a power of attorney cannot exceed 36 months. If the power of attorney does not indicate its validity period, then such a document can be considered invalid after 12 months.

In some cases, this document may cease to be valid, namely:

• if the donor, on his own initiative, wishes to terminate the assignment;
• the validity period of the document has expired;
• the trustee initiates a waiver of the obligations assigned to him;
• death of the donor;
• death of a representative;
• death of the recipient of the transaction;
• declaring a representative incompetent according to a court decision.

It should be remembered that in order for the power of attorney to be valid, it is necessary to approach the drafting of this document as carefully as possible, and before creating it, it is strongly recommended to consult with a lawyer who will tell you what details you should focus your attention on.

As for drawing up an apartment donation agreement by power of attorney (a sample is available for download in the article), information about the trust document must be present in it. As a rule, this document is reflected in the form of details of a power of attorney, on the basis of which the donor’s representative carries out the transaction.

New in legislation

Until 03/01/2013, a procedure was put into practice that obligated all persons to register agreements of gift, exchange, purchase and sale and other alienation of real estate with the state institution Rosreestr.

The changes were due to the labor-intensive nature of duplicate registration processes, as well as the unnecessary financial burden on the parties, who had to pay a state fee of 500 rubles. for everyone.

Today, contracts of this kind are not registered, but they are presented to the state institution Rosreestr as a basis for amending the registration of property rights in the Unified State Register.

If, suddenly, something prevents you from participating in the execution and signing of the agreement, you can absolutely calmly issue a power of attorney to a person you trust.

The most important condition here is your attentiveness and specificity. Write down in the power of attorney only those rights that relate exclusively to the gift transaction, no more, no less. This way you will secure both your future and the person to whom you are giving the property.