Additional agreement to the real estate donation agreement

Is it possible to draw up an additional agreement to the gift agreement?

An additional agreement to the gift agreement (hereinafter referred to as DD) can be drawn up if both parties – the donor and the donee – agree to it. It may be required to change or terminate the DD. Unlike challenging or unilateral refusal by the recipient of a gift, the terms of the additional agreement will have to be negotiated in advance.

Features of donation are regulated by Ch. 32 of the Civil Code of the Russian Federation, but it says nothing about an additional agreement. The norms of Ch. 29 of the Civil Code of the Russian Federation on amendment and termination of the contract:

The parties can terminate or change the DD by mutual agreement. A court decision to annul a transaction is required only in case of a significant violation of the conditions, or on the grounds specified in Art. 578 Civil Code of the Russian Federation.
If there are grounds for cancellation, the donee who accepted the gift does not have the right to refuse the transaction (clause 5 of Article 450.1 of the Civil Code of the Russian Federation).
The deed of gift can be canceled if there is a significant change in the circumstances of the owner alienating the property. By significant are meant circumstances that could prevent the execution of a DD if they could have been foreseen (Article 451 of the Civil Code of the Russian Federation).
The termination agreement is drawn up in the same form as the DD itself. If the other party refuses to draw up an additional agreement or does not respond to the proposal to terminate the contract within the established time frame, the initiator has the right to apply to the court with a demand to terminate the transaction (Article 452 of the Civil Code of the Russian Federation). The deadline for filing a response is established by a notice of intention to terminate the transaction; in the absence of such, it is 30 calendar days.
If the DD is terminated or amended, the obligations of the parties cease from the moment the agreement is signed (Article 453 of the Civil Code of the Russian Federation).

Important! It will not be possible to demand a return to the previous position of the transaction before the agreement is finalized. Changes to the DD come into force after signing the document. To replay the situation, a new agreement will have to be drawn up. If the contract is terminated, sign it again. If the gift has already been received by the recipient, no additional agreement is drawn up.

When is it impossible to draw up an additional agreement?

An additional agreement cannot be drawn up if it introduces significant changes to the DD that contradict its nature and essence. For example, it will not be possible to oblige the recipient to pay money for a gift or provide a service to the donor. According to Art. 572 of the Civil Code of the Russian Federation, a gift is considered a gratuitous transaction, and the provisions and the presentation of counterclaims by the donor are unacceptable.

An additional agreement is not drawn up if, after signing, it excludes the essential terms of the DD, without which it may be declared invalid.

What terms of the gift agreement are considered essential?

Essential conditions mean:

the obligation of the owner to transfer the gift to the donee free of charge;
availability of information about the gift: real estate, share in ownership, vehicle;
reasons for changing or terminating the transaction;
information about the parties to the donation;
the right of the recipient to refuse the transaction before receiving the gift (Article 573 of the Civil Code of the Russian Federation).

Legal advice: it is better to stipulate in advance the conditions for making changes to the DD by means of an additional agreement with the other party. But even with mutual agreement, mandatory clauses must remain.

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

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How to correctly draw up an additional agreement to a gift agreement

An additional agreement to the gift agreement allows you to change the terms of the transaction or cancel it altogether. It is drawn up by mutual agreement, this is an excellent alternative to challenging the deed of gift through the court. In the article, we will consider when it is possible to draw up an additional agreement and on what grounds, what conditions cannot be included in it, what is needed to draw up the document, as well as the step-by-step procedure.

Often, after concluding a transaction, the parties need to change its terms. If the donor and the recipient want to establish a new procedure for the provision of property, adjust terms or other conditions, it is worth drawing up an additional agreement to the gift agreement (a sample is on this page). For example, a deed of gift can include a condition that the donor reserves the right to live in the apartment for life.

An agreement is usually made in the same form as a contract. Please note that if we are talking about real estate owned by a minor or the alienation of shares in the right of common ownership, then the gift agreement is subject to mandatory notarization, and, accordingly, a sample additional agreement to the gift agreement is also subject to.

The additional agreement is signed by the same contracting parties who participated in the main transaction. The agreement can be signed by the legal successor (for example, the donor in the main agreement was Alpha LLC, the donor in the additional agreement was the same Alpha, but already reorganized into a JSC).

Notaries do it this way: two documents are sewn together with thread, and the seam area is sealed with a sticker. At the top, the notary makes a note about the number of sheets stitched, signs and places a seal along the edge of the sticker so that if it comes off, it will be visually noticeable. The parties can certify the stitching using the same principle.

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Additional agreement form

As mentioned earlier, the additional agreement is drawn up in the same form as the main DD. Written preparation is required if the donor is a legal entity and a gift worth more than 3,000 rubles is given, and in other situations:

real estate is alienated;
the contract contains a promise of donation.

Important! If the deed of gift is certified by a notary, the additional agreement is also subject to notarization. It is signed by the parties at the notary's office after explaining the rights, obligations and consequences of the transaction.

When is it necessary to notarize an additional agreement?

Certification of the deed of gift and additional agreement by a notary is mandatory in several cases:

in a transaction, a representative acts on behalf of the participant;
a share in the property right is given;
The property of a child over 14 years of age is alienated.

If real estate purchased during marriage is given, notarization is not necessary, but the consent of the donor's spouse to the transaction will be required. It will cost 500 rubles. When making a gift without such consent, the spouse whose rights were violated has the right to challenge the gift deed within 1 year from the moment he became aware of its registration (Article 35 of the RF IC).

How to correctly draw up a deed of donation of non-residential premises?

How to correctly draw up a contract for the promise of a gift in the future and what is needed for this?

How to correctly draw up an additional agreement to a gift agreement

Civil legal relations are dynamic. Life circumstances may change so much that the previous agreements of the parties to the transaction no longer suit them. An additional agreement is an effective way to bring the deed of gift into line with new realities.

There are MFCs in every district of the city; they are opened in villages and small towns; several issues can be resolved at once. Rosreestr usually has fewer offices. But registration will take longer than directly with Rosreestr, since an additional two days are allocated for the transfer of documents.

The Land Code describes cases when it is necessary to participate in an auction and when it is not necessary. For example, you can do without an auction if the plot is formed from the lands of a gardening partnership. You will have to pay for the plot; the price is determined based on the results of the auction or in the regulatory act of the municipality. Focus on the cadastral value.

1. All objects and things that are not subject to assessment and represent the personal property of the Donors, located on the premises of the real estate transferred under the main agreement, continue to be the property of the Donors after registration of the main agreement and can be transferred free of charge in the future to both the Donee and other persons at the discretion Donors. 2. Donors have the right to cancel the donation if the Donee commits illegal actions in relation to the real estate transferred under the main agreement, causes damage to this property, or allows third parties to cause damage in his presence. 3. In everything that is not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation. 4. This Agreement may be terminated before registration of the transfer of ownership of real estate under the main agreement to the Donee. 5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Donors, the second by the Donee.

Citizen of the Russian Federation _______________________ __________ DOB, passport series ____ No.________, issued by the Department of the Federal Migration Service of Russia for the city. Moscow in the Tagansky district ________, subdivision code _________, place of birth: ____________, registered at the address: __________________________, hereinafter referred to as “Donator-1”, citizen of the Russian Federation _____________________ ________, birth date: passport series ____ No._______, issued by __ department police department of internal affairs department "________" of the Internal Affairs Directorate of the Central Administrative District of Moscow __________, subdivision code _________, place of birth: Kiev, registered at the address: ____________________, hereinafter referred to as "Donator-2", together referred to as "Donors", and a citizen of the Russian Federation ______________________ __________ .b., passport series _____ No.___________, issued by passport office No.__ Department of Internal Affairs of the Tagansky District of the Internal Affairs Directorate of the Central Administrative District of Moscow __________, department code _________, place of birth: Moscow, registered at the address: ____________________________, hereinafter referred to as the “Done”, concluded additional agreement on the following:

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An additional agreement to the gift agreement is drawn up if the parties want to change, add or remove any of the previously agreed conditions. To draw up a competent annex to the deed of gift, fill out the template prepared by our lawyers.

The Donor guarantees that before signing this Agreement, the Share has not been sold to anyone, has not been gifted, has not been pledged, is not encumbered with the rights of third parties, including those who, in accordance with the law or the Agreement, have the right to use this Share, is not in dispute and is not under arrest (ban). . 6.2.

2.2. The Donor has the right to refuse to fulfill this Agreement if, after the conclusion of the Agreement, the property or marital status or state of health of the Donor has changed so much that the execution of the Agreement under the new conditions will lead to a significant decrease in his standard of living.

gratuitous transfer by one person to another into ownership of an item or property right (claim) to oneself or to a third party;
a promise to transfer ownership of any thing or property right (claim) to oneself or a third party free of charge. For example, parents promise their child that they will give him their car when he turns 18. It should be noted that a promise to transfer a thing requires a mandatory written form and must contain a clearly expressed intention to make a gratuitous transfer of a thing or right to a specific person in the future. A promise to donate all of your property or a part of your entire property without indicating a specific object of donation in the form of a thing, right or release from obligation is void. It is also important to understand that you cannot promise to give something after your death - in this case, a will is drawn up;
release or promise of release from a property obligation to oneself or to a third party. In other words, when the donor forgives the donee’s debt or when he undertakes to pay his debt to a third party. Again, free of charge.

If you want to donate property that is jointly owned, you must obtain the consent of all other owners (unless there is an agreement between you that states otherwise). We are talking about joint, not shared, ownership. If you own a share and want to donate it, you do not need to obtain the consent of the other owners;
a written agreement is a prerequisite for donating real estate. You can draw it up either yourself or, for example, with a lawyer, but the most reliable way is to conclude an agreement with a notary (you can find a notary in Moscow using the service on the website of the Moscow City Notary Chamber, in Russia - using the service on the website of the Federal Notary Chamber. You need to contact a notary working in the subject of the Federation where the property is located... If you are donating a share in an apartment (except for cases when all owners donate their shares in one transaction), then notarizing it with a notary is not only advisable, but mandatory (due to legal requirements);
The transfer of rights must be registered with Rosreestr. If you have certified the agreement by a notary, he will independently send all the documents for registration of rights. The registration period in this case is reduced - three days when a notary submits documents on paper and one day when submitting documents electronically.

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The procedure for drawing up an additional agreement to the real estate donation agreement

To begin with, the initiator of termination or amendment of the transaction must send the other party a notice of his intentions.

The further procedure looks like this:

The other side gives a positive answer.
The parties draw up an additional agreement independently or in the presence of a notary.
The agreement is filed with the main DD.

Legal advice: it is better to draw up an additional agreement in several copies so that each participant in the procedure has it.

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

Sample notification

The form of notification is not regulated by law. The donee or donor has the right to draw it up in simple written form indicating the following data:

Full name, passport details of the parties to the transaction;
details of the deed of gift;
items that need to be changed;
changes made;
signature.

Sample notice of intent to change the gift deed:

Consultation on document preparation

Contents and sample of an additional agreement

The content of the additional agreement to the DD is not regulated by law. It can include provisions on:

changing the conditions (date) of transfer of ownership when promising a gift;
the possibility of cancellation of the transaction by the donor in the event of the death of the donee;
granting the donor the right of residence on the alienated living space;
procedure for terminating or amending the DD;
quantity, name of gifts transferred.

When drawing up, you need to take into account the norms of the Civil Code of the Russian Federation on donations. What information will you need:

Full name, passport details, dates of birth of the donee and the donor;
changes made;
Date of preparation;
signatures of the parties.

Sample additional agreement to the gift agreement:

Consultation on document preparation

Documentation

When drawing up an additional agreement, you will need the passports of the participants, as well as documents for the gift. If real estate is donated, the donor must provide an extract from the Unified State Register of Real Estate; sometimes a cadastral passport may be required. When donating a car, you need a PTS and STS.

Important! Regardless of the type of gift, the donor must provide a document confirming the basis for the emergence of ownership rights. This could be a purchase and sale agreement, a gift, an exchange, or a certificate of inheritance.

How to register an additional agreement in Rosreestr?

Since 2013, registration of real estate DD in Rosreestr has been cancelled, only ownership rights are re-registered. Therefore, there is no need to register the additional agreement either. It is submitted along with other documents.

State registration fee

Re-registration of ownership will cost 2,000 rubles, for certain categories of land plots - 350 rubles. If the property is accepted by the donee legal entity, the duty increases to 22,000 rubles.

Documentation

When registering a deed of gift with an additional agreement, the donor and donee must submit passports and an extract from the Unified State Register to Rosreestr. If an attorney is involved in the transaction, a written power of attorney will be required.

You do not need to bring a receipt for payment of the state duty, but it is better to take it with you to confirm the transfer of money if necessary.

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Additional agreement to the real estate donation agreement

Moscow _____________________________________ two thousand and fifteen

In accordance with Art. 572 of the Civil Code of the Russian Federation, under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or to a third party, or releases or undertakes to release it from a property obligation to himself or to a third party.

Donor-1: _______________________ ________________________

Giver-2: _______________________ ________________________

Recipient: _______________________ ________________________

Is it possible to challenge an additional agreement?

The additional agreement essentially makes changes to the main DD, so it is this one that is being disputed.

The basis may be:

commission of illegal actions by the donee against the health of the donor or his close relatives;
careless handling of a gift that is of non-property value to the former owner, if there is a risk of its irretrievable loss;
death of the donor as a result of the intentional actions of the donee.

Important! The donor has the right to demand cancellation of the transaction through the court in the event of the death of the donee, provided that the agreement specifies such a possibility (Article 578 of the Civil Code of the Russian Federation).

Arbitrage practice

It is difficult to challenge a deed of gift: you will need a large list of evidence confirming the grounds for cancellation, as well as good legal preparation and the ability to substantiate your claims at meetings. But some people manage to achieve cancellation, as evidenced by the following decisions:

Decision No. 2-1512/2018 2-49/2019 2-49/2019(2-1512/2018;)~M-1552/2018 M-1552/2018 dated February 5, 2019 in case No. 2-1512/2018 .
Decision No. 2-175/2018 2-175/2018 (2-4663/2017;) ~ M-4015/2017 2-4663/2017 M-4015/2017 dated February 27, 2021 in case No. 2-175/2018 .
Decision No. 2-175/2012 of March 7, 2012 in case No. 2-175/2012.

Lawyer's answers to frequently asked questions

Is it possible to draw up an additional agreement after registering a gift deed?

Yes, if changes to the Unified State Register are required. Sometimes Rosreestr employees themselves require citizens to draw up agreements if the DD contains incorrect data.

How many times can additional agreements be drawn up?

The number is not limited by law.

How much does it cost to certify an additional agreement from a notary?

The state duty is 200 rubles. (Article 333.24 of the Tax Code of the Russian Federation).

Is it possible to draw up an additional agreement if the donor’s middle name is incorrectly indicated in the main document?

You can by providing accurate information.

Can a deed of gift be drawn up by power of attorney by one person, and an additional agreement by another?

Yes, different attorneys can participate in transactions if they have written powers of attorney. If the DD requires notarization, the powers of attorney are certified by a notary.