CARTÓRIO MEIZIKAS - Property Deed

Property Deed

What is it?

The Public Deed of Donation is the act done and signed at a Notary Public Office through which one of the parties donates a specific asset – movable or property – to another.

Attention: usually the donation is free of charge, but it can be costly, it means it can be stipulated a consideration, such as the commitment to build a school on the donated land.

What are the procedures?

The donation deed must be schedule with the notary or one of the clerks, and it is recommended that the party make the appointment personally to deliver the documentation they have and be guided on the need to gather other documents.

On the schedule date, the parties will appear at the notary public office, with their original personal documents, to sign the deed. The signing of the deed will be done by all parties at the same time. The one who will receive the deed in donation also needs to be present, to accept the deed donated, except when it is pure donation for an absolutely incapable person. The public deed is mandatory for the transfer of real estate worth more than 30 minimum wages.

Attention: After the deed of the donation of the property has been drawn up, it must be registered at the Real Estate Registry Office. You can ask the notary office to arrange this with the Real Estate Registry. Only after registration the ownership is actually transferred to the person of the grantee.

Required Documents

Individual Donors:

- Photocopy of the ID and CPF, including the spouses (and presentation of the original);

- Marriage Certificate if married, separated, divorced and widowed;

- Premarital pact registered, if any;

- Death certificate;

- Provide address;

- Provide occupational information.

Corporate Donors:

- CNPJ number for the acquisition of the certificate via internet;

- Certified photocopy of the contract or bylaws, last alteration that includes changes in the board of directors;

- Federal Debt Joint Debt Certificate (PNFN);

- INSS Negative Debt Certificate (CND);

- ID, CPF, occupation and residence of the director, partner or attorney-in-fact who will sign the deed;

- Certificate from the commercial board that there are no other changes.

Grantees:

- Photocopy of the ID and CPF, including the spouses (and presentation of the original);

- Marriage certificate: whether married, separated or divorced;

- Premarital pact registered, if any;

- Death certificate;

- Inform address;

- Provide occupational information

Attention: the spouses must have his/her own individual CPF number. If the donation is made in favor of an incapacitated minor child, he must also have his own CPF.

If the couple is married under the regime of universal communion, of total separation or final participation of the acquests, the prior registration of the prenuptial agreement is necessary in the Real Estate Registry office of the spouses domicile.

Movable property documents:

In the case of movable asset, a document describing the asset and where its value can be determined, for example, the car’s document and value under the FIPE table, must be brought to the notary.

If the asset does not have a specific document, such as jewelry, machinery and others, the donor will describe the asset and declare the value.

Attention: In the case of quotas or shares of a certain company, it is important to present the balance sheet.

Real Estate Documents:

Urban – House or Apartment:

- Registration certificate or transcript updated at the time of signing the deed (term of 30 days from the date of issue);

- Certificate of discharge of real estate taxes;

- IPTU booklet of the current year;

- Inform the amount of the donation.

Rural:

- Updated registration or transcription certificate (30 days from the date of issue). The certificate must be updated at the time of writing the deed, and not at the time of delivery of documents to the notary public office;

- Certificate of fiscal regularity of the property issued by the Federal Revenue Service;

- Rural Property Registration Certificate (CCIR);

- 5 (five) last proof of payment of the Rural Territorial Tax (ITR);

- Declaration of the Tax on Rural Property (DITR);