Gift of the share of an apartment: the features of the contract
Form of contract
Some mistakenly believe that the form of the contractgiving the share of the apartment is a mandatory notarization. Simply put, an agreement must be compiled and notarized. This is not so, because the civil code provided for this kind of transaction a simple written form. Article 161 regulates this. Of course, this does not mean that there may be a lack of specific requirements for the contract.
Basic requirements to the agreement
It is always better to entrust drafting an agreementA professional lawyer whose qualifications have no doubts. But if for some reason the compilation is made independently, then a number of rules should be followed. The contract of donating the shares of an apartment must have the following. As already mentioned, a written form is required. Next, you need to determine the place, the date of conclusion, the parties' data (name, passport data). Identify the property by writing the address and its characteristics (the number of rooms, the presence of a balcony, loggias, etc.). It is important to specify the title documents. It is on their basis that there is an alienation of rights in favor of another person. At the end, the parties sign (with decoding) a paper.
Sometimes the donor uses other conditions. The gift of the share of the apartment in some way should be beneficial to the person who gives it. Therefore, there are such conditions, the presence of which is unacceptable. For example, it is often used by older people. In the contract they give a share to a certain person, provided that this person will take care of him for the rest of his life. It should be borne in mind that in this case this is already the subject of another transaction, namely the contract for life-long maintenance. If such conditions exist, the gift contract may be declared invalid.
The final stage of the agreement of the parties is an appealto the state registration authority of rights (the name often changes). Employees should carefully check the contract, and if it does not comply with the requirements of the law, it will be submitted for revision, the gift will not be issued. Here again, the help of a lawyer is important, because it is difficult to understand all the subtleties without special knowledge. If everything is in good condition, the state body will register the transaction. From the moment the certificate is issued, the right to part of the apartment is transferred to the donee. Thus, the donation of the share of the apartment is complete.