It should be noted that from spring 2013, the very need for official assurances of the transactions gratuitous donation and transfer of property was dropped, however, the law still binding on both parties officially announce their newly established rights through their official registration.
According to current country legislation and the Civil code as such terms governing the limits of validity of the contract of donation, no. But his power donation comes only with the joint address of donor and donee for registration, the incident between them once the transaction in the state register of Russia, the deadlines for performing such registration is also not limited and depend only on zdravstvenem and being in a normal mental and physical condition of both parties occurring donation.
It can be concluded that a prisoner without official registration of the contract of donation of property is considered a project without going through the above procedure, in fact, does not prove the fact of transfer of a gift from hand to hand. At any time the donor may change his mind and withdraw donated once the property of his new owner.
I wonder what kind of the validity of the deed of gift may be provided in the certifying document, for example, in cases where the person the donor has survived its donee, the gift can legitimately return to his old master.
There are cases of early termination of the contract of donation, such incidents can occur if the donor proves the fact of assassination attempt on his life by the donee, will clearly show the pictures "gross ingratitude".
In accordance with the regulations, there are many reasons of early termination of the contract of donation, today it can do as the former owner and his relatives and other legitimate heirs, who will be able to clearly demonstrate evidence that a similar deal was done illegally.
If desired, the donor may make the donee a conditional transaction, for example, to promise any of their property in form of residential square meters, machines, land in the case of committing to some action, e.g., successful graduation, wedding, birth of a child. Was so deeds become effective only at the time of implementation prescribed in the securities of an event and provided that both sides of this signed contract alive. Here we must remember that if the donee died before the entry into force of the agreement, the property shall not be transferred to his direct heirs and close relatives.
Advice 2: How to make a contract of gift to relative
The contract of donation is a complex procedure that requires thorough study and a practical approach. The deeds to the property often signed between the relatives, especially loved ones. These include: parents, children, sisters, brothers, etc.
You will need
- - passports of participants of the transaction;
- - receipt of payment of state duty;
- - the documents confirming the right of ownership of the donor;
- - documents proving the family ties of the Contracting parties;
- - the donation contract;
- - the cadastral passport on object of gift;
- help inventory assessment (issued in BTI);
- - other documents which may additionally require Federal registration service.
Donation is considered the most simple way to convey a close relative (for example, the future heir) house, apartment, car, etc. a Big plus of such a Treaty is that it does not occur the taxable income, i.e., the donee will not have to pay tax at 13% of the value given to his property.
To sign a notarized contract between close relatives is not required. Quite simplified version, that is, the contract of donationconcluded in a simple written form. The main thing - to register it in bodies of Federal registration service.
To the procedure of donation was considered as made in the Registration service must provide the documents: the contract of donation, title to the property, the certificate on state registration of rights on the object of donation, receipt of payment of state duty, the paper on the object of donation (cadastral passport, etc.).
In addition to the above documents, the Federal registration service may require some other documents that are mandatory will need to provide. For example, if you give your child a share in the apartment, which is part of the joint property of several people who do not have relatives, you will need their written consent.
If registered bodies will not have any claims to the made contract, then within one month they will register the contract of donationand the right of ownership to the donee the property given to him. At the appointed time the donor and the donee, appearing in person at the registration authority, will receive her documents.
And remember, the deed you need to register, comply fully with all requirements set forth by law. Otherwise, the contract of donation may be declared invalid.