Sample contract for the donation of an apartment from two owners sample | Nizhny Novgorod

Civil Code on the form of the contract

Article 574 of the Civil Code of the Russian Federation regulates the obligation to draw up a written agreement on the transfer of rights or property. The document itself is called a deed of gift. It is compiled if at least one sign is present:

• The amount of the gift is more than 3,000 rubles;
• The donor is a legal entity;
• The gift agreement is drawn up for the future.

Until March 1, 2013, mandatory registration of a housing donation document was applied. Later, only the transfer of ownership of real estate began to be formalized.

Verbal agreement

A verbal agreement between individuals is not prohibited and applies to both minor and large gifts in the form of real estate or transport. At the same time, there is a risk of leaving the rights and obligations of both the donor and the recipient vulnerable.

Oral donations precede the actual transfer of the object. If the sender wants to return the gift, he will have to prove the fact of transfer, the presence of the gift from the recipient and testimony. The only objects that require additional written permission are the transfer of credit obligations to third parties and donations of more than 3,000 rubles from a legal entity.

This is also important to know:
Agreement on gift of funds between relatives, sample

Written form of gift agreement

Article 421 of the Civil Code indicates freedom of expression of will in gift agreements. Therefore, there is no single form of agreement suitable for gift transactions.

The parties can use a free form for drawing up an agreement indicating information about the participants, the object, the time, place and conditions of the transfer. Only a deed of gift for real estate, according to Federal Law No. 122, is a form of a single document.

What is a gift agreement in simple written form?

The gift agreement is a bilateral document and its essential condition is that the transaction is free of charge. Despite its simplicity, the design has its own characteristics. Failure to comply with them may result in the deed of gift being declared invalid and the gift being required to be returned to the donor.

A simple written form of a document is used in the following cases:

• on the part of the donor in the contract there is a legal entity;
• the value of the gift is less than 3,000 rubles in accordance with the market valuation of the donated property;
• the subject of the contract is a real estate object;
• the transaction is an agreement to transfer an object as a gift in the future (the deed of gift is signed now, in fact the property will be transferred after a certain time).

According to a document of donation in simple written form, any real estate object can be transferred to the recipient: an apartment, a residential building, a plot of land. It is mandatory to register the transfer of ownership and, if necessary, pay taxes.

Do you need a notary to certify a gift deed?

In most situations, the transaction is simple and does not require notarization. The exception is cases when a share in an apartment or residential building is subject to donation. You will also need to contact a notary to certify documents sent for state registration by mail. Otherwise, the need for legal or notarial assistance depends on the wishes of the parties.

Types of gift agreements

In practice, several models for deeds of gift are used:

Gift agreement for several donors sample

Common property, according to clause 2 of Art. 244 of the Civil Code of the Russian Federation, it may be:

1. Equity (if each of its participants has a specific share in ownership);
2. Joint or shareless (if the shares of its participants are not delimited, but it is possible to determine them).

It is important to note that the second type of common property can arise only in those cases that are directly established by law, for example, in relation to the common property of spouses who have not delimited their shares by concluding a marriage contract.

Deed of gift on a notary form

The deed of gift is printed on a notary's letterhead and contains the following information:

• Full name and district of the notary, during an on-site visit - indication of the place of preparation;
• Date of preparation;
• Confirmation of the legal capacity of donors and powers of representatives, signing of an agreement in the presence of a notary;
• Serial number in the register of notary services;
• Amount of state fees, without specifying the services of a notary office;
• Seal and signature of the notary.

This is also important to know:
Conditions for selling an apartment after donation

Contacting a notary office, although it legitimizes the transaction, is not mandatory. The services of a notary are used when assigning rights to complex objects, real estate with encumbrances, and debt obligations. The duties of the authorized office include checking:

• gift accessories for the giver,
• authenticity of title documentation,
• absence of encumbrance or, conversely, the presence of all permits.

If the notary made a mistake and the contract is illegal, then the donee’s losses are covered by the legal entity’s insurance.

Basic structure of gift agreements

The sample agreement contains the following points:

• Document's name;
• Date and place of compilation;
• Object of donation;
• Period of execution;
• Details of the parties;
• Responsibilities and rights of participants;
• The procedure for transferring the gift;
• Responsibility and conditions for termination of the document;
• Other points.

Samples of deeds of gift in 2021

Although the law does not impose specific samples and forms of deed of gift, they all have different content in structure. It is important to take into account the nuances in order to correctly transfer certain property without problems. The most common agreements can be downloaded for review.

Children and other close relatives

When drafting, it is important to make sure that when transferring rights or an object, the rights of third parties will not be affected. You can give anything: from money to real estate and use a simple deed of gift form indicating:

• Date and place of compilation;
• Full name and passport details of the parties;
• Place of registration and residence of the donor;
• The “body” of the contract, i.e. essence;
• Description of the offering;
• Conditions of assignment.

For example, you can familiarize yourself with the gift agreement between close relatives.

This is also important to know:
How to issue a deed of gift for an apartment through the MFC for relatives

If real estate is donated, then information from the cadastral passport of the object, dimensions and other technical characteristics is entered.

A child aged 6 to 14 years can accept a gift of up to 3,000 rubles on his own. Large gifts are accepted by representatives or guardians, and their signature appears on the forms. From 14 to 18 years of age, children themselves can give property, but only with the written permission of their parents.

Fact

You can download the gift agreement for a minor here.

Car transfer

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The vehicle can be transferred in real or future time (consensual agreement). The real agreement obliges the donor to immediately transfer the car to the recipient. A consensual transaction specifies the date and time of delivery of the gift. If the clause is missing, the document is invalid. Basic information for compilation:

• Details of the parties;
• Date and place of transfer;
• Information about the vehicle, registration number and certificate;
• Signatures of the participants.

The following must be attached to the agreement:

• Technical passport;
• Certificate of vehicle cost;
• No arrest or fines;
• Spouse's permission if the car is jointly owned;
• State registration;
• State duty receipt.

Here you can sign a car donation agreement.

Sample gift agreement

For this, you can use any private donation form, since a gift can be an apartment, a car, money, etc. Standard indication of points:

• Name;
• Date and place of compilation;
• Participant details;
• Gift information;
• Conditions for acceptance, maintenance and cancellation of the contract;
• Signatures.

Transfer of land

To donate a plot of land, the contract specifies:

• Details of the parties;
• Information about the allotment: cadastral number, area, location;
• List of objects on the site;
• Indication of encumbrances.

Fact

Download the template for state registration of land donation agreement

House contract

When transferring a house, it is necessary to add information about the area occupied by the house on the site, the number of rooms, amenities and communications to the main points.

Fact

A sample house contract document can be seen here.

Transfer of ownership of an apartment

The apartment is transferred indicating all the data from the cadastral passport, as well as the absence of encumbrances and obstacles in the form of encumbrance. This is the main distinguishing feature of such a deal.

Fact

You can download the deed of gift for the apartment here.

A share in an apartment can be transferred under the same conditions, but with the consent of the remaining share owners.

Fact

Download an example agreement here.

Gift of money and transfer of loan obligations

Donation of money, incl. currencies have their own characteristics, which are reflected in the form of the gift agreement.

This is also important to know:
Land donation agreement

The donor may undertake to repay the donee’s debt or forgive him the debt in the form of a deed of gift. However, such a procedure is possible with the consent of the creditor bank. You need to study the loan agreement and find a clause on the possibility of transferring the loan obligation to another person. If there is no such clause, then it is important to request the bank’s permission. Without consent, the deed of gift will not be valid, which will entail requirements for early repayment of the loan, violation of the loan agreement and fines.

Design features

You can write a deed of gift yourself or with the help of a lawyer. Sample provided. To draw up an agreement yourself, you will need the following information:

• information about the donor and recipient;
• subject of the agreement;
• precisely formulated name, characteristics of the object;
• documents on ownership of the living space (if an apartment is being registered);
• 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.