Gift for an apartment

The owner has the right to dispose of propertyon your own. He can sell it, give it, exchange it, bequeath it, etc. Often there are situations when it is necessary in some way to transfer the apartment into the ownership of another person. It can be a relative, friend, acquaintance, etc. And the owner is faced with the question of what is best - a will or gift for an apartment. There is no unequivocal answer, since both methods of transmission have their minuses and pluses.

What is a testament?

This is a transaction made in writing,expressing the will of the testator to transfer the property belonging to him after his death to the heir or several heirs. The rights of the owner, who transfers his real estate by inheritance (will), are protected to a greater extent than when a gift for an apartment is registered. He can change the will at any time. In addition, he is the owner to death and can use the apartment legally, without fear that he will expel the new owner. At the same time, the will is much more often challenged in court, and heirs may lose an apartment.

How to make a will

This document is drawn up only personally inwriting. The compiler must be capable. Registration takes place in the presence of a notary certifying the transaction. The will can be recognized as valid and without certification by a notary if the testator was in a life-threatening situation or because of some other extraordinary circumstances he could not issue it in due course.

What is a gift for an apartment

This agreement, in which the donor transfersor undertakes to transfer gratuitously to the concihed in the ownership of the apartment. This form of transfer of property is most beneficial to the new owner. He can completely dispose of it immediately after the state registration of the apartment in the FRS, which is carried out in 2 actions:

• a special registration inscription is applied to the gift contract;
• The new owner is given a certificate of state registration of property rights.

The gifted property is not included in the list of property to be divested after the divorce, so if there are doubts about further being in the marriage, it is better to use this method.

Gift for an apartment is accompanied bynecessity of payment of the tax. For close relatives, it is minimal due to a number of benefits. For distant relatives, as well as friends, acquaintances, etc. The tax is 13% of the price of the apartment.

The gift is made in writing. A mandatory state registration is carried out, which can be done both by the notary present at the transaction, and the donor himself, by contacting the FRS.

Gift for an apartment can be issued only if the following documents are available:

1. three copies of the gift agreement;
2. extracts from the house book;
3. certificate of registration of the right to an apartment;
4. receipts for payment of state duty;
5. cadastral and technical passport.

The contract of donating an apartment can be concluded only once, unlike a will, which can be rewritten at any time.

Gift for an apartment can be arrangedrepresentatives of the parties. As a rule, these are friends or relatives. It should be remembered that the same person can not represent the interests of both parties. It is advisable to make a gift in person, because the chance to challenge the apartment in court increases. Before deciding to apply this or that way of transferring the right to an apartment, it is better to turn to experienced lawyers who will provide the necessary assistance in drafting documents, will prompt how to proceed in this or that case.