Inheritance issues

First of all, the inheritance acceptance procedure must be completed and everyone must receive a certificate of inheritance. If several heirs have accepted the inheritance, a certificate of the right to inheritance is issued to each of them specifying the name and shares in the inheritance of the other heirs.

That is, from that moment joint ownership of property begins - the right of joint partial ownership, and the heirs become co-owners.

According to Article 361 of the Civil Code of Ukraine, the co-owner has the right to independently dispose of his share in the right of joint partial ownership. In accordance with Article 362 of the Civil Code of Ukraine, in the event of the sale of a share in the right of joint partial ownership, the co-owner has a priority right over other persons to purchase it at the price announced for sale and on other equal terms, except in the case of sale through public auctions. The seller of a share in the right of joint partial ownership is obliged to notify the other co-owners in writing of his intention to sell his share, indicating the price and other conditions on which he sells it.

But in accordance with the Resolution of the Supreme Court of Justice of Ukraine dated October 12, 2021 in case No. 725/4816/19, the provision on the priority right over other persons to purchase a share of jointly owned property applies only to the contract of sale of property. Therefore, the provisions of Article 362 of the Civil Code do not apply to the gift contract.

Agreements on the donation of jointly owned property are concluded with the consent of all co-owners, the specialist of the Ministry of Justice emphasized.

So, I will answer each question in order:

1. Yes, maybe.

2. Yes, it is needed.

3. Necessary documents for drawing up a donation contract:

4. passport and tax code of the parties;

5. birth certificate (to confirm the degree of kinship, if giving to a relative);

6. a legal document for the gift (for example, an apartment purchase and sale agreement, privatization certificate, etc.);

7. technical passport for real estate (if it is real estate);

8. property value assessment (issued by BTI);

9. if the subject of the gift is a plot of land, it is necessary to obtain an extract from the DZK from the land cadastre authorities;

10. consent of other co-owners;

11. permission of the guardianship authority if the recipient is under 18 years of age or if this is an apartment in which children are registered.

You cannot change your mind and terminate the donation contract. A gift can be terminated only in court in the presence of significant circumstances, such as the use of violence by the donee against the donor, if the donee has committed a crime against the life, health, property of the donor, his parents.