Did they give you an apartment? Or do you just think what kind of transaction to choose to transfer property to your children - donating real estate or its inheritance? In any case, it is not superfluous to find out about all the details of this method of transferring an apartment.

Is it a gift of real estate?

Most Russians think thatreal estate for a gift is somehow simpler than getting it by inheritance. In part, they are right. For the contract here you only need title documents. You do not need to waste time getting other certificates, you do not need a cadastral site number. But there is still a tax on the donation of real estate. The one to whom presented square meters, should pay to the state of 13 percent from cost of the house or apartment. It is excluded only in the event that the close relatives of the former owner take the gift. For example, children or parents.

Required documents

It is worth noting that for donating real estatethe same references and documents are required as with its purchase and sale. Having only the right of ownership on hand, you can only conclude a promise of a gift. Documents are needed for all types of real estate, whether it is an apartment, a house or a plot of land.

After the contract of gift of real estate is signed, it is subject to mandatory state registration. In order to receive it, you will need the following documents:

• The contract of gift in three copies.
• A package of documents confirming the ownership of the property being donated.
• The passport of those who participate in the transaction - that is, the donee and the donor.
• A receipt confirming the payment of the state duty for the procedure for registering the contract.
• Passport from the BTI.

The contract will be officially registered within one month after you submit the necessary documents.

Promise to give

You can not make out the gift of real estate at firstdocumented. It is for this that the so-called promise of a gift is needed. In such a situation, a promise can be equated to a real estate gift contract if it is documented and clearly expressed in the intention to transfer property from one person to another.

It is important to emphasize that the promise is made in writing and also conducts its state registration.

In the event that the promise of a giftis made up, but the donee suddenly dies, his heirs can not claim this property. Of course, if other conditions were not prescribed in the gift contract. But if the donor dies, then his heirs fulfill his will, that is, they must present the promised squares of real estate.

Is it possible to cancel the gift?

The gift of real estate suggests that it can becancel. But only through the court on the suit of the former owner, that is, the donor. It is possible, if the contract of donation actually hides the sale. Then the donee, who actually paid for square meters of money, runs the risk of losing both finances and property. After all, donating real estate is a free transaction, and it is almost impossible to prove that you gave money.