A minor child can receive property as a gift, but the contract and registration process must reflect the child’s age and the legal representative’s authority. The rules are intended to protect the child’s interests rather than to make a gift impossible.
Who signs the transaction
For a child under 14, transactions other than limited everyday transactions are made in the child’s name by a parent, adoptive parent or guardian. A minor aged 14 to 18 generally enters into transactions with written consent from a parent, adoptive parent or guardian, unless a statutory exception applies.
Gift from a close relative
The conflict-of-interest rule for a legal representative and a close relative does not prohibit a transaction that transfers property to the child as a gift or for gratuitous use. The details of representation and the child’s age should nevertheless be recorded correctly in the agreement and application documents.
Real estate
When real estate is gifted, title passes after the state registration of the right. The agreement should identify the property and the recipient’s representative precisely. The registration authority conducts its own legal examination of the submitted documents; a general online explanation is not a decision on a particular transaction.
When guardianship approval matters
Prior approval from the guardianship authority is generally relevant where a transaction disposes of, encumbers or otherwise reduces property already belonging to the child. A gift received by the child is different, but a connected transaction may require separate analysis.
Practical checklist
- confirm the child’s age and the correct representative or consent;
- review the donor’s title and any existing restrictions;
- use a contract that identifies the property and parties accurately;
- prepare the documents required for registration of title;
- keep the documents and registration result with the child’s property records.
This material is general information and is not a substitute for advice on a particular transaction.