How to make a gift contract without a notary
How to make a gift contract without a notary
The Civil Code of the Russian Federation, which came into forcein 1996, repeals the mandatory condition for notarizing transactions and contracts with real estate. This also applies to gift contracts. Due to the fact that the cost of certification of such an agreement is at least 0.3% of the value of the property, many prefer to draw up a gift contract without a notary.
Instructions
1
Article 574 of the Civil Code regulates contractualrelations arising under a gift agreement, which can be concluded both in written form and verbally. In the case of immovable property, the contract must be concluded only in writing, since it must be registered in accordance with the Federal Law "On State Registration of Rights to Immovable Property and Transactions with It."
2
The contract of gift of real estate is bilateral,because the gifted person must also confirm his consent to accept the gift. You can compose it yourself. In the text of the contract, after the words "I" or "We" write the full name, patronymic and surname of the donor or donors. Indicate the citizenship, gender, date and place of birth, passport data, registration address, complete the information section on the donor with the words: "on the one hand, and", then list all information relating to the gifted person. Describe the object of the gift, sign the contract.
3
It will not enter into force untilwill be registered with the state registration authorities. The transfer of rights is carried out only if the corresponding entry is made in the Unified State Register of Rights to Real Estate. According to paragraph 3 of Art. 433, item 3 of Art. 574 of the Civil Code of the Russian Federation, it is necessary to register not only the transfer of ownership, but also the contract of donation.
4
Write an application to the state registration authorities withrequest to register a new right to real estate and attach to it documents confirming the rights of the donor. The application is written on behalf of the donor or gifted. If the donor or gifted person can not act independently, then on their behalf are the authorized persons who have a properly executed and notarized power of attorney.
5
In the application, indicate, in addition to all the necessarydata on the donor and gifted, the name of the gift agreement, data on the real estate object (its name, address and cadastral number). Do not forget to put a date and sign. To the application attach a receipt on payment of state duty, passport, original gift agreement in duplicate, original plan of the dwelling and its technical passport. You will also need a copy and original copy of the certificate on persons who have the right to use immovable property, specifying this right, they must be certified by an official responsible for registering citizens at the place of residence and place of residence.
