How to transfer the rights to the apartment
How to transfer the rights to the apartment
If you are a full and singleowner of real estate, you have the right to do with it as you want. You can transfer the rights to an apartment or other real estate in any way: donation, sale or execution of a will.
Instructions
1
In the event that you want the rights to yourapartment or other real estate belonged to a specific person or several, you should write a will in which to indicate the people who will transfer your ownership. The form of transfer of the right by will implies that it will happen only after your death and the persons indicated in the will will not become the owners of the apartment until they enter the inheritance rights in accordance with your will set forth in this document.
2
Another way to transfer the right to an apartment inthe property of another person is the conclusion of a transaction under contracts of sale or gift. Keep in mind that any real estate transaction will be considered valid only if it is registered with the Justice Department for the registration of real estate rights and transactions with it.
3
The contract of gift made between relativesrelatives, assumes exemption from the payment of personal income tax. In accordance with the Family Code of the Russian Federation (IC RF) family members and close relatives are spouses, siblings, parents and children, grandparents and grandchildren. In addition, such a contract does not obligate the law to notarize. In this case, it is sufficient for you to conclude a direct bilateral gift agreement with the gifted person, who by his signature will confirm the consent to accept the real estate as a gift.
4
If the right to an apartment is transferred under an agreementpurchase and sale, and the real estate was in your property less than 3 years, then you, as a seller, will need to pay 13% of its cost specified in the contract to the state in less than 1 million rubles. In the case of sale and purchase, the right to an apartment is transferred to the buyer also at the time of state registration of the contract.
5
Write an application for the registration of a gift transactionor sale and issue of a certificate of ownership in the name of the buyer or the buyer of the apartment in Rosreestr. Attach to the application signed by both parties a gift or purchase agreement and documents confirming your right to an apartment. Also attach receipts for payment of state duty for the registration of the transaction. Within 10 to 30 days from the date of application, the transaction will be registered and a new certificate issued.