Registration of a deed of gift for an apartment in Montenegro

Question

Registration of a deed of gift for an apartment in Montenegro

Vera Smirnova asks:

Good day. It is necessary to issue a deed of gift for an apartment in Montenegro between a father and daughter. Is it possible to arrange in Russia, make a translation certified by a notary, and then the daughter (donee) will submit in Montenegro to the cadastre and the government for registration without the presence of the father (donor)? Thanks in advance!

23.06.2021

MONTENEGRO. Consultation

Investments, leasing, sale

Expert answers (1)

Svetlana Barina ("MONTBEL" d.o.o.) · Answer 1 · 2021-06-24T16:00

Hello, all transactions in relation to real estate in Montenegro must be made by a Montenegrin notary in the community in which the property is located. In your case, the donor in Russia can issue a power of attorney for donation (indicating in favor of whom the donation will be) to a third party, and the donor must also give notarial consent to accept the gift. These documents must be translated by a Montenegrin court translator and after which the authorized person can conclude a donation agreement with a Montenegrin notary. It is also necessary to provide a document confirming the relationship between the donor and the gifted (in this case, the payment of 3% tax is not required and less than the cost of the donation agreement with a notary). A lawyer of our company can accompany you with a contract in Montenegro.