Tip 1: How to make a contract for life-long content

Tip 1: How to make a contract for life-long content



The contract of lifelong maintenance is an agreement,according to which the recipient of such content transfers the real estate belonging to him on the right of ownership (an apartment, an individual dwelling house, a land plot, etc.) into the ownership of the payer. The latter, in turn, undertakes to carry out lifelong maintenance of this citizen, or the third party specified in the contract.





How to apply for a lifetime contract


















Instructions





1


Lifetime content, along with a constantrent and lifetime rent, is a subset of the rent contract. The rules that should be followed when drafting this agreement are regulated in a separate chapter of the Civil Code of the Russian Federation. So, for the conclusion of this type of contract, agree all its essential conditions. In this case, it will be the specification of the subject to be transferred to the payer of the rent, and the amount of rent payments.





2


If the subject to be transferred under the contract,is an immovable property, then be sure to indicate its exact location, as well as the fact that after the conclusion of the contract it comes into the ownership of the payer of rent. Otherwise, the payer gets into a situation where, before the end of the contract, he is forced to pay rental payments, without possessing the ability to own, use and dispose of the subject of the contract. The amount of rent payments should be set in the form of a clearly defined amount of money. This will significantly simplify the procedure for settlements between the parties. Remember that it can not be less than the statutory minimum wage. In accordance with the federal law "On the minimum wage" from June 1, 2011, it is 4611 rubles.





3


The lifetime rent contract is limitedthe period of life of a citizen who transferred his property for payment of rent, or the period of life of another person specified in the contract. The law allows the establishment of rents for several citizens. In this case, the term of the contract is limited by the period of life of the last of the beneficiaries of the rent. The absence of a mention of the recipient of rent entails the invalidity of the contract. Therefore, in order to avoid disputes, clearly indicate the data of the recipient of the rent.





4


Conditions that regulatethe relationship of the parties in violation of the terms of the contract. Include in the text the condition on payment of a penalty in case of refusal, or untimely transfer of the subject of the contract. In turn, the recipient of the rent is entitled to demand the ransom of the rent, if the payer violates the procedure for payment of rent payments. The ransom payment is carried out by a lump sum payment of the agreed sum of money agreed by the parties (taking into account the rent payments already mentioned), after which the contract for life maintenance is terminated, and the subject of the contract remains in the property of the rent payer.





5


After agreeing all the necessary conditions safelyconclude a contract. It must be made in writing and subject to notarization, and the contract, which provides for the alienation of real estate for payment of rent, also requires state registration.




























Tip 2: How to draw up a gift document



When concluding a contract donations or donative, the consent of the donee is assumed to be accepted by the property offered to him. This legal transaction is issued in a special order. Form of contract donations varies depending on what is a gift. For example, real estate must be registered in the registration chamber.





How to draw up a gift document








Instructions





1


Notarize the contract donations real estate. The notary must certify that the two parties-participants are capable, sign the contract, being in firm mind, are not subjected to coercion. He, after signing the contract donations, it will be assured. After receiving from the notary necessary Documents should register a contract donations in the Registration Chamber. You can also make a gift in a simple written form. However, it does not have a protective force in the event of disputes. In this case, either party may refuse this contract, referring to the forgery of signatures, since they are not attested by a notary. In addition, in case of fire or loss Documents, you can get a duplicate in the notary's office, which also has legal force.





2


Specify in the donation for real estate, when a simple written form is accepted, the real data of the donor and the gifted: address of residence and passport data. Describe the subject of the contract donations in strict accordance with the availabledocuments, if this is an apartment, then: the number of rooms, floor, area, how many floors in the house, apartment number, inventory number, address where the apartment is located. Real estate at the time of registration of the donation must be free from the claims and the rights of not third parties, not to be banned, not burdened with bail, etc. When on behalf of the donor when making a contract donations is a trusted person, then in this case his power of attorney to perform donations should contain clear data of the subject donations and gifted. Otherwise, it is considered void.





3


Prepare documents for the conclusion of a giftat the notary. To do this, you will need: title documents for the property of the donor (certificate of registration, certificate of the right to inheritance, a contract of sale, a lifetime maintenance agreement with a dependent or a rent, a gift contract for an unlimited use of the land plot); for living quarters an extract from the house book is required (issued in the house management, the number of registered people should be indicated on the living space); Extraction from the technical passport (it turns out in BTI, the estimation of a real estate object should be specified); an extract from the Unified State Register; the consent of the spouse of the donor; the permission of the guardianship department, when residing in the gifted real estate of a minor child.