Agreement for donating an apartment to two recipients in equal shares: sample document, can it be donated to the second owner and how to do this to one of them if it is in common joint ownership

What is a gift deed?

DD is needed if you are going to give:

real estate: house, apartment, dacha, garage, other building;
land plot;
automobile;
money;
shares and other securities.

The main essence of DD from a legal point of view is confirmation of the grounds for ownership of property by another person. The agreement is used to re-register ownership. You will also need it to receive money from a bank account.

For jewelry, it is optional: for the recipient to be able to use them, it is enough to hand them over. But if you wish, you can also create a DD - this is not prohibited by law.

Legal advice: if you give a large sum as a wedding gift to your child, it is considered a shared gift. To ensure that the money remains with your son or daughter in the event of a divorce, draw up a deed of gift for it, and then it will remain his sole property (Article 36 of the RF IC).

Features of the gift agreement

This is a bilateral transaction: the donor transfers real estate to the donee voluntarily under an appropriate agreement. The donee has the right to refuse it by drawing up a written refusal. The DD will be considered terminated (Article 573 of the Civil Code of the Russian Federation). Mutual agreement is important.
Gratuitous. If the donor puts forward a demand for the transfer of money or other valuables for an apartment, the transaction is considered void (clause 10 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 30, 2007 No. 120). The rules of purchase and sale apply to it, and another contract is concluded. Such a transaction has nothing to do with donation, because the rule of gratuitousness is violated.
It is prohibited to give valuables worth more than RUB 3,000. on behalf of children and incapacitated persons. It is not allowed to draw up a DD in favor of employees of an educational or medical institution on behalf of the citizens detained there. This also includes transactions between commercial enterprises, as well as in favor of government officials, if the donation is related to their official position (Article 575 of the Civil Code of the Russian Federation).
A written form is required when transferring real estate as a gift (Article 574 of the Civil Code of the Russian Federation).

Note! The DD itself is not subject to state registration since 2013; it can be concluded and left without movement. Only the transfer of ownership needs to be registered.

Briefly: the agreement is concluded free of charge in writing, the recipient’s consent to accept the gift is required, and to re-register ownership, you must contact the registering authority.

Donation of an apartment to two sons, contract one

Valid Passports of all participants over 14 years of age.
Children's birth certificates + copy.
Donation agreement, according to the number of participants in the transaction, plus one copy for Rosreestr.
Documents for the apartment - Certificate of ownership (if issued) and the document on the basis of which the right arose (agreement, court decision, order of the Administration, etc.) originals.
Statements from all parties to the transaction.
When drawing up a gift agreement, it is necessary to be guided not only by the norms of the Civil Code of the Russian Federation, but also by the Land Code of the Russian Federation.
In addition to information about the title document for the share of a residential building, you must indicate the same information for the land plot. It is important to consider that when donating a land plot, it must be owned by the donor and not under any other right.
In all other respects, the execution of the agreement corresponds to the rules specified in the section on the form of the gift agreement of this article.
The transfer of ownership under such a deed of gift is also subject to state registration.

The two parties or their representatives must begin the paperwork with a notary.
The contract is concluded and certified.
Features of the agreement when the number of participants increases:
The size of the portion for each recipient must be indicated.
For the second donee, you will need another copy of the agreement.
At any convenient time, come to the cadastral chamber or MFC: both the donor and the recipient together.
In case of several donees, the duty is divided by the number of participants in the process.

the object of the transaction is a land plot, and therefore, it is necessary to use land legislation (Land Code of the Russian Federation) when drawing up a deed of gift;
in addition, the agreement specifies information about the title documents for the plot, its size, location, type of use, category of land to which it belongs, a cadastral number is required (otherwise the transaction will not be carried out).

Is it possible to issue a Deed of Gift for two people in equal shares?

Read on the Russia-Ukraine website:

Is it possible to transfer the land for vegetable gardening in LPH
Is it possible to write a Deed of Gift if a Person is Registered?
Is it possible under the Dacha Amnesty to register a bathhouse that extends beyond the boundaries of the site?
Is it possible to submit a Claim by Post?
Is it possible to give an apartment to my ex-wife without tax?

Attention!

Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below.

Concept and parties to the gift agreement

A gift agreement is a civil document under which one party, called the donor, gratuitously transfers (obliges to transfer) certain property to another party, called the donee, or releases (obliges to release) the other party from a property obligation. Gratuitousness is the main feature of a gift agreement. Although property, at the same time the very property that is donated, has its own price, its value is not directly related to the legal relations of ownership. A necessary condition for the transfer of a gift from one person to another is that the first person owns the rights to the transferred property .

A gift can be performed either simultaneously with the transfer of a thing or property right (a real transaction), or in the form of a promise to give a gift to someone after a certain period of time (a consensual transaction). In the latter case, the moment of conclusion of the contract does not coincide with the moment of transfer of the gift to the donee. The legal relationship between the donor and the donee under a real and consensual gift agreement differs from each other . The rules and regulations of the Civil Code mainly govern either one or the other transaction.

The only common feature that unites all types of gift agreements is gratuitousness, that is, the absence of consideration in their content.

However, in some cases, a deed of gift may contain a counter-obligation to the donee, which will not discredit the transaction.

Example

Citizen Orlova D.G. lives in a three-room apartment completely alone. The husband died a long time ago, the children have their own families and do not help their mother in any way. Two years ago, she agreed to provide one of the available rooms to her cousins, Daria and Varvara. The twin girls are the children of her own nephew. Citizen Orlova D.G. I didn’t regret for a minute that I hosted these girls, since they turned out to be kind, well-mannered and decent children. You don’t need to ask them for anything, they do all their housework with pleasure, they go to the grocery store, to the pharmacy to buy medicine - no problem. This all touched citizen D.G. Orlova so much that she decided to give her apartment to the twins. After consulting with a notary, the parties entered into a gift agreement with an encumbrance, one of the conditions of which was the right of the donor to live in and use the apartment for life.

On the one hand, this gift agreement seems to contain a counter-provision to the donee. But on the other hand, the donor does not receive anything new from their performance of this duty. It can be assumed that the rights that, according to the agreement, remain with the donor, are simply not part of the gift. From the above example, it follows that a deed of gift can be bilaterally binding, reciprocal, but at the same time gratuitous .

Since a gift agreement is not considered a unilateral transaction, since it is concluded by mutual agreement of two or more parties, it is assumed that persons acting on the side of the donee must give their consent to accept the gift.

This sign of donation, relating it to contracts, is essential . Without acceptance of the gift by the donee, the donation as a transaction will not take place, and the agreement will be considered not concluded.

Other features arising from the gratuitous nature of the contract in question are:

reduction of the donor's property;
accordingly, its increase in the donee;
the donor's intention to give.

All these features of a gift agreement are interrelated, and regardless of the importance of one or another, they are necessary for the gift to be considered a valid transaction.

The validity of a deed of gift is also affected by the legal capacity and capacity of its parties. Thus, the law provides for the opportunity to make a gift and be a recipient of almost all subjects of civil law. They can be individuals and legal entities, as well as the state itself, its subjects and municipalities. However, for some of them there are prohibitions and restrictions in the legal relationship of donation on one side or the other.

Two gift agreements at the same time

Conclusion The donor can make a gift to two persons at the same time. The parties to the gift agreement in this case are: on the one hand - the donor, on the other hand - the two donees. A deed of gift involves the gratuitous transfer of property into ownership of another person or several persons. In addition to its gratuitous nature, a gift agreement also has other characteristics: the donor’s intention to make a gift, the recipient’s consent to accept the gift, a decrease in the donor’s property and, accordingly, an increase in it for the recipient.

The gift agreement can be concluded orally or in writing. Written form is mandatory for transactions with real estate that require state registration, for all contracts containing a promise to make a donation after a certain period of time, as well as for donations of movable property by legal entities.

Form of the agreement The main requirements for the form of the gift agreement are presented in the article of the Civil Code. It depends on the type of contract, its parties, as well as the subject of the gift. The real gift agreement, which is made through the transfer of property to the donee, is concluded orally. Attention: Such transactions must be concluded only in writing. In addition, contracts containing a promise of future consensual donation require written execution.

Important Who is better to contact to draw up a gift agreement: a notary, a realtor, a lawyer? After making these amendments, the specified agreement is considered concluded from the moment it is signed by the parties, and only the transfer of ownership under it is subject to state registration. Which specialist is best to contact to draw up a gift agreement, everyone decides for themselves, depending on the situation that arises.

An agreement drawn up by a realtor, lawyer or notary has equal legal force. The only difference is in the monetary amounts at which the listed persons will value their services.

A donation can be executed either simultaneously with the transfer of a thing or property right (a real transaction), or in the form of a promise to give a gift to someone after a certain period of time (a consensual transaction). Is it possible to make a gift to a second owner? What restrictions are there? The second owner of the property has the same rights to it as the donor. The legislator considers the organization's creditors to be interested parties, and this provision is aimed at protecting their rights.

In the event of a reorganization of a legal entity acting as a donor under a promise of gift agreement, if the specified agreement has not yet been fulfilled or it does not provide otherwise, then all obligations of the donor are transferred to the legal successor. In the case of a gift of property of small value to an individual and the organization refuses to draw up a deed of gift, the document confirming the donation will be the manager’s order to issue the gift, a statement of their issuance or a transfer deed.

The donation procedure was recorded by an agreement signed between the legal entity and Mamonov; notarization was not carried out. Additionally, the only common feature that unites all types of gift agreements is gratuitousness, that is, the absence of consideration in their content.

However, in some cases, a deed of gift may contain a counter-obligation to the donee, which will not discredit the transaction. Example Citizen Orlova D. Attention The husband died a long time ago, the children have their own families, they do not help their mother in any way. Two years ago, she agreed to provide one of the available rooms to her cousins, Daria and Varvara. Is it possible to draw up one gift agreement for several recipients?

This sign of donation, relating it to contracts, is essential. Without acceptance of the gift by the donee, the donation as a transaction will not take place, and the agreement will be considered not concluded.

Rosreestr can request it itself, and there is no need to provide them. But, as practice shows, in this case the process is delayed and the documents will not be ready within the time specified in the receipt. Is it possible to indicate several objects in one gift agreement? In this case, everything depends on the type of property being transferred.

In other words, if, under a gift agreement, movable property is transferred into the ownership of another person, then such property does not need to be registered, and, therefore, a whole list of transferred things can be indicated in the agreement.

If the subject of the agreement is real estate, then registration is necessary. A donation agreement for any property is drawn up between the participants in the donation transaction. The transfer of the gift must be in full compliance with the law. Drawing up a deed of gift is not only a responsible process, but also has many nuances. You can correctly draw up a gift deed yourself, without outside help. The law gave such a right, as it established the form of the gift agreement - a simple written one.

This clearly gives the parties to the contract a real opportunity not to have it notarized. However, when drafting the text of the document, a number of questions arise. What items and data must be included? An essential condition of the deed of gift is the sole indication of the item and its clear separation from all others. If the item being donated does not imply the need for state registration of ownership, then after signing the agreement the transaction is considered completed and the right is transferred.

If state registration of the right is necessary, then only after its completion the donee will become the owner of the donated property. If the parties do not know how to correctly draw up a property donation agreement, it is more advisable for them to contact a notary. He will independently develop the text of the agreement, taking into account the requirements of the law, the parties to the transaction and the characteristics of the property.

The participants will only have to sign the gift agreement; if registration of the right is required, the notary independently submits the documents and makes a request for it to be carried out. Thus, you can draw up a gift deed yourself. It will take longer, but will be cheaper. The choice of method should be based on the personal desires of the parties, their capabilities and other nuances of the case. The donor and the donee must not only agree and develop the text of the gift agreement acceptable to them, but also sign the document.

If property transferred under a gift agreement requires state registration of ownership, then the presence of the parties during its registration is mandatory. To do this, the donee can issue a power of attorney to the representative and instruct him to replace himself in the process of drawing up the contract.

In this case, the power of attorney must be notarized, limited in duration, and it contains the entire list of actions that the representative can perform. It is possible to draw up a gift deed for a minor child.

The law provides that a person who has not reached the age of majority can become a donee. However, a minor cannot be a donor. When drawing up a gift agreement for a minor child, it is necessary to include in the text of the agreement a mention that the recipient has not reached the age that gives him full legal capacity. This means that the participation of the child’s legal representative is mandatory.

Only he can sign the deed of gift, and not the minor himself. In any case, the minor recipient will be considered the owner of the donated item. When registering property in other hands, the question of choosing the method of such registration always arises.

From the point of view of the cost of registration, donation and sale agreements are often compared. So, what is more profitable to arrange? If we immediately note what is common to contracts: the absence of the need for certification and notarial participation, the obligation to register the right to some objects without connection with the method of transfer. In the case where a deed of gift is concluded between close relatives, it is the most beneficial.

In this case, you do not need to pay tax on income. Whereas, for example, when registering a purchase and sale when the apartment has been owned for less than 3 years, you cannot evade tax. Thus, the financial side of executing two different contracts should be considered separately. This is due to the characteristics of the property, the position of the parties and other nuances. When a deed of gift is formalized during a marriage, and one of the spouses is the donor, two alternative situations may arise:

In the first case, the donor clearly has the right to independently dispose of this property. There is no obligation to obtain the spouse's consent to make a gift. In the second case, it is necessary to obtain consent to transfer the gift from the second spouse who is not participating in the transaction. The spouse's consent is drawn up in notarized writing. If one of them owned personal property and decided to give it to the spouse, it should be taken into account that after this the property will become the personal property of the donee.

In a divorce, personal property is generally not subject to division. It is possible to draw up a gift agreement without the consent of the spouse when the property being transferred as a gift was acquired by the donor before marriage.

In addition, if the donor received it by inheritance or as a gift, then it is recognized as his personal property. Property purchased during marriage using the joint funds of the spouses, in the case where one of them is the donor, always requires the consent of the second spouse. If the agreement is drawn up without such consent, then registration of the right will most likely be refused.

In addition, the second spouse can always challenge the deed of gift if he did not consent to the transfer of property. There are examples of such contracts for two people, where several persons act as donees. A special feature of drawing up such a gift agreement is the precise indication of the types of property or shares for each donee.

If the transaction is concluded not for two people, but for a larger number of them, therefore, the number of donees will increase. As a result, the deed of gift for the property is drawn up in simple written form, and, if desired, in notarial form. A gift agreement can be drawn up in favor of a minor child or several recipients. Telephone consultation 8 Free call When the parents register their share in a privatized apartment for their son as a gift, do they need to draw up two gift agreements with each parent or can one joint one?

During this time, I ran the household, and my husband was engaged in business; our common daughter is 10 years old. There are two other owners in the apartment. If you acted through the cadastral chamber, then the transfer of rights will take place within 3 working days.

When contacting the MFC, you will have to wait 5 working days for documents. Consent of the spouse to donate a share. Procedure if there are two donees and a sample agreement The donation procedure for several recipients of the gift is not too different from a standard agreement.

How to correctly draw up a gift agreement for two recipients in equal shares

The gift agreement is drawn up in accordance with the rules of law, which are enshrined in Art. 574 Civil Code of the Russian Federation. In general, the agreement for donating a part of a share does not differ significantly from a regular deed of gift for property. For example, in the article “Gift agreement between close relatives”, we have already discussed this issue.

In a deed of gift issued for two people, the following must be indicated:

date and place of compilation;
data of each of the donees;
information about the donor;
information about the property (location, size, design features, etc.);
the basis on which the alienor’s right of ownership to the object of donation arose;
the size of the shares that are transferred free of charge (otherwise it will be considered that the shares are equal and the property is common);
an indication that the donor is willing to give away the property voluntarily and free of charge;
the consent of each person accepting the gift to this;
signature of each party to the transaction;
certifying the legality of the transaction with a personal signature and stamp of a notary.

In accordance with the requirements of Federal Law No. 122 “On registration of rights to real estate and transactions with them”, starting from 2021, all legally significant actions with apartment shares must be certified by a notary.

Decor

In order for an agreement to donate an apartment to two recipients to be recognized as valid, it must be drawn up in accordance with the rules. A document that meets the established requirements allows you to transfer real estate free of charge. If a person has difficulty composing a paper, he can use a ready-made sample.

If there are 2 persons acting as the recipient, the subject of the agreement will be 2 shares or 2 parts of the transferred property. The approval is only relevant if the property being donated is wholly owned by the donor.

Before concluding an agreement, it is necessary to determine the amount of property that will be transferred to each person and if such information is not in the document, the recipients will receive equal shares

When drawing up a document, you must remember that it must contain information about each person who will receive the property. During the registration process, you must also remember the number of copies of the document.

Each participant in the process must receive their own copy of the paper. In addition, an additional copy of the document will need to be prepared for the registration authority.

Required documents

To register a deed of gift for ½ share of an apartment, you must collect the following papers:

passports of all participants in the transaction;
technical documentation for the alienated property;
extract from the real estate register about the owner;
apartment card;
agreement – the basis for the emergence of property rights of the donor (agreement of exchange, privatization, purchase and sale, etc.).

Sample content

To find out in what form the contract should be drawn up, you need to refer to Article 574 of the Civil Code of the Russian Federation. The regulatory legal act contains all the requirements that apply to the contract.

So, according to the established rules, the form of the document depends on:

type of contract;
parties who will take part in the transaction;
subject of donation.

If a person wants to donate real estate to several persons at once, the agreement must be drawn up strictly in writing. All other methods of concluding a transaction are considered void.

There is no special form for drawing up an agreement. Persons who decide to draw up a document will have to develop it themselves. It should be remembered that only the paper that was drawn up taking into account the existing rules will be considered valid.

To minimize the likelihood of error, the parties can use a sample completed contract as an example. In addition, in 2021, there are special companies that are ready to complete the document execution for the client for a fee. A notary can perform a similar manipulation.

Equal shares

By making gifts to several persons at once, a person independently determines their shares in the transferred real estate. If he does not indicate this parameter in the contract, the parties will receive equal shares.

A similar condition can be included in the contract itself. Typically, the donor distributes property in equal proportions if the recipients are close people. The law does not prohibit specifying such conditions in any gift agreement.

If a small citizen who has not yet turned 14 years old , the transaction can only be carried out with the participation of his legal representative. If a person is between the ages of 14 and 18 , he may be able to sign some papers on his own. However, in transactions involving manipulation of real estate, the participation of a legal representative of a minor will still be required.

The procedure for gratuitously transferring shares in an apartment to several persons at once differs from the usual donation transaction. So, according to the established rules, you will need to draw up not just one agreement, but several if you plan to donate more than 1 part at a time. At the same time, the document must contain a thorough description of the size of each share and information about the participant in the manipulation, to whom part of the real estate will belong in the future.

Mixed donation, or a new look at the problem of non-equivalence of counter-provisions

The undisputed saying that everything new is well forgotten old can not be more relevant in the case of the doctrine of mixed donation. This theory was developed in detail in the domestic pre-revolutionary doctrine of Prof. A.A. Simolin, however, today this concept is invoked by the contradictory judicial and arbitration practice on the problem of non-equivalence of counter-provisions.

I. _ Statement of a question

The following model case can be cited to illustrate this doctrine: “A” enters into an agreement with “B”, according to which “A” transfers into the ownership of “B” a car with a market value of 300 thousand rubles for 100 thousand rubles. Moreover, the discount in this agreement is not caused by economic considerations of “A”, but by the desire of the latter to reward “B” by reducing the purchase price.

In this case, there is a non-equivalence of counter-provisions, both objective and subjective. Today's judicial practice, assessing these contracts as purely compensated, for the most part sees only two options for qualification: the transaction either “survives” in court with argumentation through the principle of freedom of contract or collapses on one or another grounds of invalidity (a significant misconception (Article 178 of the Civil Code of the Russian Federation ), servitude (Article 179 of the Civil Code of the Russian Federation), pretense (Article 180 of the Civil Code of the Russian Federation), contradiction to the principle of good faith (Article 10 of the Civil Code of the Russian Federation and Article 168 of the Civil Code of the Russian Federation).

However, is a third way possible, is it possible not to classify the agreement as purely compensated or purely gratuitous, but to find a compromise solution? In this regard, it is interesting to turn to the doctrine of mixed donation, which will make it possible to recognize this agreement as both compensated and gratuitous. How useful will such a decision be for turnover?

First of all, the design of mixed donation may be of interest to citizens, gratuitous relations between whom are most common in Russian reality. A mixed donation will allow you to structure your relationship more flexibly, taking into account the true will of the parties and their intentions, which cannot always be attributed to one or another category of contract established in dogma.

The use of the institute in relations between businessmen is seen to be no less promising. Of course, in most cases, a departure in a commercial transaction from the objective equivalence of consideration will be caused by the risk distribution system mediated in other terms of the contract, the presence of other interrelated transactions and, finally, the principle of freedom of contract, the importance of which in relations between entrepreneurs should reach its apogee (i.e. n. subjective equivalence). However, all these factors do not mean that an objectively unequal transaction, having come under the sensitive gaze of the court, will not be recognized as feigned or suspicious under Art. 61.2 of the Federal Law “On Bankruptcy” (which is based on objective non-equivalence: “in case of unequal counter-fulfillment of obligations by the other party to the transaction”).

Applying the concept of mixed donation may lead to a compromise solution. For example, in the event of a challenge to a transaction at a reduced purchase price, the amount of money saved by the buyer in the amount of the difference between the amount of the donation and the market price of the goods will be recognized as a donation. It turns out that part of the transaction will be recognized as valid, and part of the donation will be declared invalid due to the prohibition of donation between legal entities under Art. 575 of the Civil Code of the Russian Federation.

II . Selected aspects of the legal regulation of a mixed donation agreement

So, having highlighted several potential areas of application of the mixed gift doctrine, we can move on to an analysis of individual issues that may arise in practice.

One of the most fundamental issues discussed at the Circle was the scope of mixed donations. Can a mixed donation exist only by virtue of a special agreement of the parties or in the presence of the very fact of a significant deviation from the market price? A.A. Simolin believed that it would be most reasonable to limit the scope of a mixed gift only to cases of direct indication in the contract in order to make this concept “precisely defined.” However, at the Circle, speakers argued that such a restriction would unreasonably reduce the scope of application of mixed donations. The rules on mixed donations must be applied in all cases of objective non-equivalence with the corresponding will of the parties for the gratuitous element (i.e. in the absence of subjective equivalence). This is the only way this institute can earn its full potential.

At the same time, the science of civil law has developed two models for applying the doctrine of mixed donation. The first matrix assumes that the object of the donation will be the ideal part of the thing that remains unpaid by the recipient/buyer. In the above example, it turns out that 1/3 of the car is sold, and 2/3 of the car is donated. This model can be conditionally called the “Donation of the unpaid part” matrix.

The second concept is based on the fact that the object of sale is always the entire thing, and the object of donation will be the exact amount of money that the donor/seller did not receive in comparison with the actual value of the car. In the example given, it turns out that the car is completely sold, and the donation occurs in the amount of saved 200 thousand rubles. Conventionally, this model can be called the “Giving Difference to Market Value” matrix.

As part of the discussion at the Circle, the speakers argued that the concept of “Giving the difference with the market value”, supported, in particular, by the German civil specialist G. Dernburg, is the most adequate and simplest for participants in the turnover. Such a matrix will be convenient for combining some of the rules of the purchase and sale agreement and the gift agreement. For example, in the case of a “Donation of the unpaid portion”, the cancellation of the donation will inevitably lead to the creation of a common shared property. And if we take into account that part of the grounds for canceling a donation, enshrined in Art. 578 of the Civil Code of the Russian Federation, suggest the presence of a conflict between the parties, obvious ingratitude on the part of the donee, the emergence of common shared ownership looks completely inconvenient. If we understand a mixed donation as a “Gift of difference with market value,” the cancellation of the donation will, in fact, lead to the condition of a monetary amount, which, of course, is a much more acceptable solution.

Another interesting problem associated with the application of the doctrine of mixed donation is the application to such an agreement of the methods of protection provided for in Chapter. 30 Civil Code of the Russian Federation and Ch. 32 of the Civil Code of the Russian Federation. This problem has probably caused the most discussion, because, obviously, it is impossible to fully apply the methods of protection from Ch. 30 of the Civil Code of the Russian Federation due to the elements of a gift, but it is also impossible to deprive a party of methods of protection due to the presence of elements of a purchase and sale agreement. At the same time, as the speakers rightly noted, the reduced cost of goods due to the application of the concept of mixed donation does not mean lowering the requirements for the quality of goods.

One of the possible solutions may be a proportional “reduction in volume” of the methods of protection arising from Chapter. 30 Civil Code of the Russian Federation. For example, in the case of a decrease in the purchase price, the following mechanism may apply. In the above example, if, due to the presence of a defect, the market value of the car drops to 240 thousand rubles, then it turns out that, taking into account that, in fact, only 1/3 of the car is sold, it is possible to demand a reduction in the purchase price only in the amount of 1/3 of 60 thousand rubles , that is, 20 thousand rubles. The same logic can be applied to allocating the costs associated with car repairs.

Summarizing the above, the doctrine of mixed donation may be useful for participants in the turnover, allowing them to structure their relationships more flexibly and not be bound by the imaginary antagonism of remuneration and gratuitousness, so we invite readers to join its discussion!

Prepared by: Daria Zhestovskaya, Dmitry Chibinov

Procedure if there are two donees and a sample agreement

The donation procedure for several recipients of the gift is not too different from a standard agreement (you can familiarize yourself with the standard agreement for donating a share and its sample in this material).

All participants in the process with passports contact the notary's office.
In addition to passports, the notary will need: an extract from the Unified State Register or a certificate confirming the property of the donor, the consent of the spouse (in the cases mentioned above), a certificate of registration in the apartment, the consent of the guardianship authorities (if the gift is accepted by a minor).
Check the agreement. Distinctive features of the agreement in the presence of several donees:
the size of the share for each recipient of the gift is clearly stated;
the number of copies of the notarized deed of gift will increase (one for each party and one for the registering authority);
a larger number of signatures, as there are more participants in the process.
With the same team and at the same time, come to the MFC or cadastral chamber.
In addition to passports, you provide the reception specialist with a gift and a fee in the amount of 2000 rubles, divided by the number of recipients. If there are two last, then they pay thousands in their last name, if there are three, 667 rubles each.
In the application, pay attention to the passport details, full names of the parties, the address of the apartment and the size of the share. Sign the application.
After 3-5 days you return for the completed documents.

Thus, the participation of several recipients does not introduce fundamentally new differences into the process of registering a deed of gift. Remember that you have every right to give your share to any person without the consent and notification of other owners.

Is it possible to give an apartment to two people in equal shares?

Let's look at them in more detail:

Persons who live in an apartment under a rental agreement, that is, have not privatized the property.
If ownership is transferred through an annuity agreement, the grantor cannot be written out.
Children deprived of parental care.

Reference! In some cases, it is possible that the new or previous owner provides the registered persons with a new place of residence temporarily, while the conditions in this housing must be at the same level as the previous place of registration. Possibility of donation with registered minor children One of the most basic requirements applicable to donation is the absence of children registered in the apartment who are minor citizens.

If such a transaction is carried out, then in the end it will turn out to be illegal, that is, invalid.

Under a gift agreement, the donor undertakes to transfer ownership of certain property to the donee free of charge You can gift one, two or several people at the same time . The subject of the agreement, if there are two persons on the donee’s side, will be two shares, or two parts of the property being donated, if it represents one whole. Before concluding a transaction, it is necessary to determine the shares or parts that are due to each of the donees.

If they are not defined in the contract, then they will be considered equal . The validity of a deed of gift is also affected by the legal capacity and capacity of its parties. Thus, the law provides for the opportunity to make a gift and be a recipient of almost all subjects of civil law.

They can be individuals and legal entities, as well as the state itself, its subjects and municipalities. However, for some of them there are prohibitions and restrictions in the legal relationship of donation on one side or the other. A gift can be performed either simultaneously with the transfer of a thing or property right (a real transaction), or in the form of a promise to give a gift to someone after a certain period of time (a consensual transaction). In the latter case, the moment of conclusion of the contract does not coincide with the moment of transfer of the gift to the donee. The legal relationship between the donor and the donee under a real and consensual gift agreement differs from each other .

The rules and regulations of the Civil Code mainly govern either one or the other transaction.

if the property is transferred into common ownership by two donees, then the donation is canceled and the property remains in the common ownership of the donor and the donee who was not affected by the cancellation;
if a specific share of the property is given as a gift to each of the donees and a certificate of ownership of the share in the property is issued, then after the cancellation of the donation, the property of the donee who was affected by the cancellation passes to the donor, and the property of the other donee remains with him.

How does the transfer occur to two or more recipients?

When several recipients of the gift participate in the agreement for donating an apartment in shares (in equal shares), there are no special differences from the usual donation transaction in the implementation of the process .

Any person can carry out the gratuitous alienation of a share in an apartment without obtaining the consent of the co-owners.

To complete the formalities for concluding a donation agreement for your part of the apartment, you need to follow the following sequence of steps :

The two parties or their representatives must begin the paperwork with a notary.
The contract is concluded and certified.
Features of the agreement when the number of participants increases:
The size of the portion for each recipient must be indicated.
For the second donee, you will need another copy of the agreement.
At any convenient time, come to the cadastral chamber or MFC: both the donor and the recipient together.
If there are several recipients, the duty is divided by the number of participants in the process (how the state duty is paid and how much the tax is on a transaction for donating a share of an apartment can be found here).
2 recipients - 1000 rubles for each name.
3 donees – 667 rubles for each donee.
Each participant signs his or her application, which was prepared by the reception specialist.

Current legislation currently allows you to donate your share in an apartment without obtaining the consent of the co-owners.

On our Internet portal, in a number of articles, you can find out what documents you need to collect to formalize the transaction, how and when you can revoke a deed of gift for a share of real estate, how much a deed of gift will cost from a notary, and where else you can draw up a deed of gift for a share of real estate.

Is it possible to give an apartment to two people?

If the grounds described in paragraphs 1, 2 and 4 of Article 578 of the Civil Code concern one of the donees, then depending on how the ownership of the donated property is formalized, the consequences of canceling the donation will depend:

if the property is transferred into common ownership by two donees, then the donation is canceled and the property remains in the common ownership of the donor and the donee who was not affected by the cancellation;
if a specific share of the property is given as a gift to each of the donees and a certificate of ownership of the share in the property is issued, then after the cancellation of the donation, the property of the donee who was affected by the cancellation passes to the donor, and the property of the other donee remains with him.

Therefore, if the donor has any doubts about the donees, it is best to conclude a separate agreement for each donee.

What is the time frame for the procedure? To properly complete all actions, you will need to first prepare all certificates and documents. After this, you go to the notary and if everything is in order, you go to Rosreestr; it will take at least a month to complete the transaction in full.

The procedure for donating real estate if a child is registered in it If children under the age of 14 are registered in the apartment, then to remove them from registration, either the permission of the board of trustees or a court decision will be required.

This is the case if the child does not have property rights to the property. Otherwise, he will need to be provided with a place to live. Conclusion Receiving an apartment through a deed of gift is a positive thing, but it is worth understanding that in order to enter into property rights you also need to pay a fee.

Do I need to have the deed of gift certified by a notary?

DD is subject to notarization in several cases:

a separate room in the apartment is given;
a share of real estate where there are several owners is transferred as a gift;
the donor is a minor or person with limited legal capacity.

It is important to consider that when donating shares by all owners in one transaction, you do not need to contact a notary - it is enough to conclude one agreement. Notarization is required if the share is donated by one of the owners.

How to donate your share in an apartment

Is it possible to issue a deed of gift for a minor child ? It is possible to draw up a gift deed for a minor child. The law provides that a person who has not reached the age of majority can become a donee.

However, a minor cannot be a donor. When drawing up a gift agreement for a minor child, it is necessary to include in the text of the agreement a mention that the recipient has not reached the age that gives him full legal capacity. This means that the participation of the child’s legal representative is mandatory. Only he can sign the deed of gift, and not the minor himself. In any case, the minor recipient will be considered the owner of the donated item. Is it cheaper to issue a deed of gift or a purchase sale? When registering property in other hands, the question of choosing the method of such registration always arises.

Is it possible to make a gift to a second owner? What restrictions are there?

The second owner of the property has the same rights to it as the donor. Many people have a question: is the consent of a co-owner required when registering real estate as a gift? After all, when selling, an integral condition is the permission of the shareholders.

ATTENTION! Donation is in the nature of a gratuitous transaction. By accepting the gift, the receiving party bears absolutely no compensation. The Civil Code stipulates that the consent of co-owners is required when transferring rights for compensation.

And the essential feature and difference between a donation and a purchase and sale is that in this case the owner of a part of the real estate disposes of it purely at his own discretion, and the transfer of rights can be carried out without notifying anyone (is it always possible to transfer one’s share as a gift without the consent of the other person? owner, we talked about here).

Thus, the transfer of the share is personal. But very often this is used by those who cannot obtain consent from the co-owners if they wish to alienate the share through sale.

In practice, there are cases when a purchase and sale transaction is veiled under a deed of gift. However, if the fact of forgery is revealed, the entire process is canceled (in what other situations and how a gift agreement can be revoked or terminated, we will tell you in a separate article).

Cancellation of a gift to two recipients

A donation can be canceled either by the donor on the grounds provided for in paragraphs 1, 2 and 4 of Article 578 of the Civil Code, or by an interested person - paragraph 3 of the same article. The list of such grounds is absolutely exhaustive. Let's consider each case separately:

If the donee made an attempt on the life of the donor , one of his family members or close relatives, deliberately inflicted bodily harm on him, thereby causing harm to his health.

Such facts must be confirmed in the form of a certificate of bodily injury, testimony of witnesses or statements to law enforcement agencies.

In the event of the death of the donor, his heirs have the right to cancel the donation in court.

If the donee treats the donated property inappropriately and such an attitude poses a threat to its destruction, damage and thereby can lead to its irretrievable loss.

In this case, the donor will need to prove that the property donated by him constitutes enormous non-property value for him and the fact that he warned the recipient about this.

If the death of the donee occurs during the life of the donor .

Such a condition must be specified in the content of the donation agreement, otherwise it will be impossible to cancel the donation.

If the donor is a legal entity or a private entrepreneur and the donation was made at the expense of his commercial activities, in violation of the Federal Law “On Insolvency (Bankruptcy)” and six months before he was declared insolvent (bankrupt).

Important

When concluding one gift agreement for two recipients, if one of the listed situations occurs, the agreement is subject to cancellation in full.

if the property is transferred into common ownership by two donees, then the donation is canceled and the property remains in the common ownership of the donor and the donee who was not affected by the cancellation;
if a specific share of the property is given as a gift to each of the donees and a certificate of ownership of the share in the property is issued, then after the cancellation of the donation, the property of the donee who was affected by the cancellation passes to the donor, and the property of the other donee remains with him.

Therefore, if the donor has any doubts about the donees, it is best to conclude a separate agreement for each donee.

How to give an apartment to a relative, real estate gift tax

The list of such grounds is absolutely exhaustive. Let's consider each case separately:

If the donee made an attempt on the life of the donor, one of his family members or close relatives, intentionally inflicted bodily harm on him, thereby causing harm to his health. Such facts must be confirmed in the form of a certificate of bodily injury, testimony of witnesses or statements to law enforcement agencies. In the event of the death of the donor, his heirs have the right to cancel the donation in court.
If the donee treats the donated property inappropriately and such an attitude poses a threat to its destruction, damage and thereby can lead to its irretrievable loss.

In this case, the donor will need to prove that the property donated by him constitutes enormous non-property value for him and the fact that he warned the recipient about this.

When is donation prohibited?

As mentioned earlier, it is prohibited to conclude a DD on behalf of a child and an incapacitated citizen.

The prohibition of donation also applies to other cases:

in relation to employees of medical and educational institutions, if a valuable item is donated by a citizen receiving their help or services;
legal entities cannot enter into transactions with each other;
You cannot make gifts to citizens holding positions in municipal or state institutions if the transaction is related to the use of their official position.

Note! This prohibition in relation to civil servants and bank employees does not apply to cases of donation in connection with special occasions and other official occasions. However, at a cost of over 3,000 rubles. the gift is transferred by the employee to the body at the place of work on the basis of the relevant act, and is recognized as the property of the institution or department.

Conclusion: a gift agreement confirms the fact of transfer of property or valuables from one person to another and is concluded in writing. Giving on behalf of a child under 14 years of age or an incapacitated citizen is prohibited.

How to donate a share in an apartment to one of the owners?

How to donate a share in common joint property?

Contact a notary organization. The transaction is certified in the one-time presence of the donor, donee or proxies (whether it is necessary to notarize a gift transaction and how much notary services can cost, we discussed in a separate article). Persons who have a share with you in the real estate that is the subject of the transaction, neither directly nor indirectly are not involved in the process.
Provide the notary with:
Document of title: registration certificate, extract from the Unified State Register of Real Estate. The latter will also serve as a cadastral passport. Moreover, if the property that is the subject of the transaction is not registered in the register, it is impossible to formalize the donation before entering it into this register.
Important information! In connection with the adoption of the Federal Law “On State Registration of Real Estate” dated July 13, 2015 N 218-FZ, according to which, from January 1, 2017, instead of cadastral passports and Unified State Register extracts, extracts from the Unified State Register of Real Estate (USRRN) are issued.
This is marked by the creation of a single undivided accounting database, which greatly simplifies the performance of any actions with real estate. As of July 15, 2021, state registration certificates have been abolished; the most important document for property is now an extract from the Unified State Register of Real Estate.
It consists of several sections: about rights, restrictions, encumbrances and unique characteristics of the object along with a graphic image. Even if you managed to register your right before July 2021 and have a certificate in hand, you will also need to request an extract that is current on the day of your visit to the notary.
The fee for such an extract costs 400 rubles, and any person has the right to order it. The document itself is not unique; only the record of the right in the state register is unique. The notary himself can submit a request for it, and you will not have to stand in line at the MFC.
A paper about the number of residents with registration.
The permission of the donor's spouse to make a donation, registered with a notary (subject to legal marriage at the time of acquisition of real estate), will be required if the property was received on a compensation basis.
Consent to the acceptance of a share by a minor from the guardianship authorities or his guardians will be required if the donee is under 18 years of age. For more information on the list of documents that will be needed to complete the transaction of donating a share in an apartment, read here.
Check the contract carefully.
Go to any MFC or cadastral chamber. These organizations exercise the authority to accept registration documents.
You provide the registration authority with:
application from each party (filled out by the reception specialist);
notarial agreement;
a duty of two thousand rubles in the name of the donee.
Notarial transactions have a reduced processing time for documents. If you acted through the cadastral chamber, then the transfer of rights will take place in 3 working days. When you contact the MFC, you will have to wait 5 working days for documents. Find out more about the process of drawing up a gift agreement and its registration here.
Both parties will receive a response on the appointed day (but you can receive your documents separately). The donor takes the gift agreement with the stamp of the registering authority; the donee - an extract from the Unified State Register of Real Estate in his name and a deed of gift with a seal.

What does a sample agreement for donating an apartment to two recipients in equal shares look like?

signatures of both parties.

The document may indicate the market price. If it is necessary to write a deed of gift for two, the difference will be that the donor draws up two gift agreements, indicating unequal or equal shares of each donee. Documents Documents that will be required to draw up a donation agreement:

Title documents for property (original plus copy).
Technical and cadastral passport (issued by BTI).
Consent of the donor's spouse, certified by a notary (if there is one).
An agreement signed by all participants.
Extract (valid for only thirty days).

After collecting and preparing all the necessary documents, you should contact the State Register to register your agreement in the Unified State Register, write an application (using the sample) and pay the state fee.

Lawyer's answers to popular questions

They gave me an apartment, but I did not have time to submit the 3-NDFL declaration on time. What will happen to me for this?

For violation of the deadline for filing a declaration, a fine is provided in the amount of 5% of the amount due for tax payment, but not more than 30% (Article 119 of the Tax Code of the Russian Federation).

I gave a share in the apartment to a 10-year-old child, now I’ve changed my mind and want to return it to myself by drawing up a deed of gift on his behalf. Do I need to obtain guardianship consent?

Gift transactions on behalf of children under 14 years of age are prohibited by law. Even if there were no ban, the guardianship authorities would hardly approve it, because here the interests of the minor are violated.

I gave a share in the apartment to my son, but my sister wants to challenge the deed of gift - she is the second owner. Will she be able to do it?

No, she does not have the right to challenge the deal, because it was carried out in compliance with legal norms. Consent to the registration of a deed of gift for the allocated share from the second owner is not required.

I have part of the shares of PJSC, I want to give them to my daughter. Do I need to obtain the consent of other members of the society?

It all depends on the terms of the organization’s charter. If they provide for mandatory consent upon the alienation of shares, they will have to obtain it (Article 7 of the Federal Law of December 26, 1995 No. 208-FZ).

I became the owner of the house through a deed of gift more than three years ago, and now I want to sell it. Do I need to pay taxes after the sale?

No. According to Art. 217.1 of the Tax Code of the Russian Federation, you are exempt from paying personal income tax, because You have been the owner for more than three years.