How to make gift certificate for housing?

15.05.2011 09:57
Articles about real estate | How to make gift certificate for housing? Accepting gifts is always nice. And if you are presented with more overvalued and a gift such as housing, - a double pleasure.

But the procedure of registration of dedication can have its pitfalls. What you need to know, making out gift certificate for housing? How to do it from a legal point of view? What should be taken into account to avoid a future of many problems and be legally protected?

Related article: How not to be deceived by truckers? found out that it is important to know and how to act in the process of dedication to housing. Making housing a gift certificate in the first place necessary documents:

* Legal documents (the contract of sale, gift, exchange, lifetime support, the act of ownership, certificate of inheritance by law or by will, etc.);
* Technical data sheet on the housing;
* Help-response or an extract from the Register of ownership rights on immovable property (from the Bureau of Technical Inventory);
* Help from Housing on the carrying value of the apartment. It is rarely, if at the BTI is no information on the net book value of the apartment;
* Form № 3 (Help from Housing) on ??the registration of persons living in this house or apartment;
* Help the absence of tax ban on transfers of property rights and the certificate confirming the absence of arrest for housing. This document provides a notary;
* Passport and copies of the identification number on both sides.

Depending on the complexity of the contract and its specific characteristics may be necessary to provide other documents.

With the package of documents necessary to apply to a notary public and execute the contract of donation.

Next you need to register ownership of BTI by putting registration inscriptions on the contract after its conclusion and registration. There, your name will be given a technical certificate. According to experts, it should be done within two weeks from the date of ownership, to free themselves from re-conducting of technical inventory apartment.

Making gift certificate for housing, it is important to consider:

1 If the flat is in joint ownership, the consent of all owners.
2 If the apartment is purchased the property in a marriage, you need to get notarized consent of a spouse, or to their presence in the contract of donation.
3 If you want the person to whom you are giving a shelter, had ownership of it only after a certain time, be sure to include it in the contract so as not to appear later on the street.
4 If the giver in the future, deprived of their own homes, may terminate the contract of donation.
5 Representatives of minor children - guardians or parents - have no right to make donations on their behalf (you need to obtain permission from the department of custody).
6 If you want to donate still unfinished housing, the owner of this home you can not become, as you are presented with only the property rights, not ownership, which at that time not even in humans, presenting you with this accommodation.
7 spouses, children and parents do not pay property taxes received as a gift. Relatives who do not fall into this category must pay a tax of 5% of the cost. Zero tax rate is also used if the shelter gave the invalid of the first group, an orphan or deprived of parental care.
8 If the property has been presented to a stranger - have to pay into the treasury 15% of the value of the gift.
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Якщо у вас є документи, які підтверджують, що квартира була подарована вами дочці, то зятю нічого не перепаде.
У 2006 році померла дочка осалась ЇЇ маленька донечка 2 рочки (не зятя), у дочки була квартира подарована нами до шлюбу, та будинок де ми всі проживали, куплений також до шлюбу.Шлюб був офіційний. Зять не був прописаний, а зареєстрований у ВОІРІ, як гість на нашій адресі заявляв право на спадщину, а зараз вирішив судитися за спадщину нашої дочки. Чи правомірно (громадянин іншої держави СНД.)Раніше він не це? І що можно зробити в цій ситуації?