Can a son expel his mother from the apartment of which he happens to be the owner?

Registration of an adult son in another apartment

1st apartment 55m2, registered mother (55) and son (33), owner mother 2nd apartment 42m2, no one registered, owner mother task: register my son in the 2nd apartment, please write a complete scenario of actions and documents for each step September 17, 2013, 14:04, question No. 225532 Vasily, Moscow Clarification from the client so far the only remaining question is: why is the son’s birth certificate in the passport office if the son is an adult? September 17, 2013, 14:27 200 cost of the issueissue resolved Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (5) 33% fee received 3285 replies 1092 reviews Chat Free assessment of your situation Lawyer, Belgorod Free assessment of your situation Vasily, the son will be able to register in his mother’s second apartment only with her consent, is it available?

September 17, 2013, 14:07 0 0 fee received 33% 1073 responses 460 reviews Chat Free assessment of your situation Mysnik Nina Lawyer, Moscow Free assessment of your situation

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Hello, Vasily!

The mother and her son must go to the passport office (at the location of the apartment), taking with them the property certificate and the son’s birth certificate. There the mother (as the owner of the apartment) will write an application to register her son in the apartment. They will take your son’s passport for registration and will give you a certificate stating that the passport is temporarily in the passport office.

It is not necessary to register now; government agencies will do this for you. September 17, 2013, 14:10 0 0 fee received 33% 3449 replies 1179 reviews Chat Free assessment of your situation Lawyer, city.

Orenburg Free assessment of your situation Hello! Go to the passport office with originals and copies of documents for the apartment and passports. Write an application for registration and hand over your son’s passport to get a stamp.

Come back in three days and that’s it. September 17, 2013, 2:11 pm 0 0 265 replies 95 reviews Chat Free assessment of your situation Lawyer,

Kirov Free assessment of your situation Let me clarify: the application for the provision of residential premises on your behalf in favor of your son must be certified by a notary or at the place of submission of documents (at the Housing Office or the Federal Migration Service). The one who will certify the document must see everyone who signs it, their passports and confirmation that in front of him is everyone who is registered at this address. September 17, 2013, 2:14 pm 0 0 7.5 Rating Pravoved.ru 28488 replies 5853 reviews Chat Free assessment of your situation Lawyer, city.

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Good afternoon! Order of the Federal Migration Service of the Russian Federation dated September 20, 2007 N 208 “On approval of the Administrative Regulations for the provision by the Federal Migration Service of state services for registration

Who can be registered in a municipal apartment - procedure and rules

> > > Each residential premises belongs to a specific housing stock. On the territory of our country there are the following housing stocks:

1. municipal.
2. private;
3. state;

The private fund includes apartments and other types of property assigned to individual citizens and owned by them according to documents. The state fund belongs to the state, the municipal fund – to the municipality. Let's look at the meaning of the concept of municipal housing stock and municipal apartment. Real estate is called municipal when ownership belongs to the municipality.

At the same time, ordinary citizens have the right to live there, rent it out, but cannot perform other registration actions, for example, sell it or exchange it.

Such real estate is provided to citizens of municipalities under a social rental agreement. In addition to disposing of an apartment for rent, residents living in it can register there and register their relatives there. To carry out this action, you must collect a certain list of documents and submit it to the services that carry out registration. Under the rental agreement, the municipal authorities provide the right of residence to the tenant. In this case, the tenant can register himself or register his relatives (children, parents, husband, wife). It is extremely difficult to register a tenant who is not a relative of the tenant in a municipal apartment.

Difficulties also arise when registering relatives: for example, the municipality decides that there are not enough square meters for each family member. Registration in municipal housing is carried out by MFC bodies, passport offices or other authorized bodies. The tenant must collect a complete package of documents and bring it to carry out registration actions.

• Provide documents according to the list (see below).
• You must submit an application for registration to the Housing Office.
• The passport office specialist fills out special document forms and submits them to the FMS. Within three days, registration will take place and a stamp will be placed in your passport.
• It is also possible to submit an application through; registration is free. The passport officer cannot refuse to accept documents for registration.

1. Adult males must be provided with a military ID (if there are no restrictions on conscription for health reasons or other reasons).
2. For example, if not just one tenant, but a full family wants to register,
3. Certificate about the family composition of the person wishing to register in housing.
   This document is provided by the passport office at the previous place of residence.
4. At the previous place of registration, a departure slip is issued, which will also be necessary for further registration in the apartment.
5. First of all, you need a passport of a citizen who wants to register as municipal property. The passport must be valid and contain reliable information.

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The mother demands that she and her children be discharged.

I don’t want to, and the children’s father has no consent. He lives in another city. Tell me, can my mother, as the owner of the apartment alone, sign me and my children out without our consent?

Good afternoon Victoria, in your case, no, she won’t be able to, everything will be decided in court, so first she will have to go to court, and you will directly defend your interests.

Well, is that a problem? You bought an apartment... Mother, as the owner, she can sign you and the children out too.

She doesn’t need anyone’s consent for this.

Unless, of course, there was a refusal to privatize yours. Is it possible to register a child with the father from the mother with his consent if there is a debt to pay for the apartment?! Hello, you can register if you have debt.

The passport officer cannot refuse to accept documents for registration.

1. At the previous place of registration, a departure slip is issued, which will also be necessary for further registration in the apartment.
2. First of all, you need a passport of a citizen who wants to register as municipal property. The passport must be valid and contain reliable information.
3. Certificate about the family composition of the person wishing to register in housing.
4. Adult males must be provided with a military ID (if there are no restrictions on conscription for health reasons or other reasons).

You must have with you:

1. permission for registration of everyone who lives in the apartment;
2. social tenancy agreement for municipal housing;
3. warrant for an apartment;
4. passport;
5. departure sheet;
6. a statement where the data of the person being prescribed will be noted.

The listed documents must be provided in originals and copies.

To register in a municipal apartment, everyone who is registered in the apartment must be present in person. When someone cannot be present in person, it is necessary to provide notarized consent or provide a power of attorney.

Permission for registration from the owner of municipal housing is written in free form with a passport service employee.

It must reflect information about the person registering and the address of the municipal apartment. Info If only the owner is registered in the apartment, his application for the provision of residential premises, also certified by the Housing Office or a notary, is sufficient. There are also no restrictions when registering any relative, including parents, for municipal housing.

You will need documents confirming kinship and documents confirming consent to registration of all adults registered at the place of residence in this living space, also certified by a notary or at the housing office.

Before certification, the notary must make sure that everyone who is registered in the apartment is present. To do this, you need to take a copy of the financial and personal account and an extract from the house register from the housing office. The same documents are presented when concluding an agreement or registering consent at the place of their submission. When concluding a contract for the use of a privatized apartment, a certificate of ownership of it must also be presented.

How to register a 16-year-old daughter with the child’s mother during a divorce.

The son gained credits and disappeared

Colleagues, tell me what to do, the situation is this: I live in my aunt’s apartment, her son is also registered there, the aunt died 4 years ago but is still registered in the apartment, her son lives in another country and he doesn’t care about the apartment, he’s not going to come here, I live in the apartment I pay for it and recently noticed that in.

In March 2007 I bought a VAZ-2107 car at a car dealership. There, in fear. I took out MTPL insurance from MAX company, the representative of which also offered to take out CASCO insurance for a year. In response to my answer that I don’t need CASCO insurance for a year (I don’t use the car in winter), he said, referring to.

28 Feb 2020 etolaw 285

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How to register your mother in your apartment

// Before certification, the notary must make sure that everyone who is registered in the apartment is present. To do this, you need to take a copy of the financial and personal account and an extract from the house register from the housing office.

The same documents are presented when concluding an agreement or registering consent at the place of their submission. When concluding a contract for the use of a privatized apartment, a certificate of ownership of it must also be presented.

It is necessary to show the notary or housing office (or FMS) employee the passports of those who will sign an agreement, application or consent in front of him. If the apartment is privatized, the situation with registration of parents with an adult son or daughter is no different from registration at the place of residence of any relative or other person .

There are no restrictions on living space.

All that is required is to conclude an agreement for the free use of residential premises and have the signatures of all adults living in the apartment certified by a notary or the housing office.

If only the owner is registered in the apartment, his application for the provision of residential premises, also certified by the Housing Office or a notary, is sufficient. But the process of registering persons who are not relatives will be more complicated.

To do this, you must obtain permission from the municipal authority and all persons registered in the apartment. In addition, living space accounting standards must be observed. The value of this norm is established individually in each region of the Russian Federation.

The necessary information can be obtained from the settlement administration.

It is important to remember that registration will be denied if the norm is not met.

When calculating it, the total area of ​​the apartment and the number of actually registered persons are taken into account. Permanent registration is a mark in the passport indicating the date and address of registration.

If minors are registered, a corresponding paper registration certificate is issued. Temporary registration is issued only on paper.

Deregister at the previous place of residence for the person planning to register in your apartment.

This will be confirmed by a departure slip of the established form.

Fill out an application (Form 6) at the territorial office of the Federal Migration Service or the passport office for the owner of the property and the person who registers in this premises. In this way, the owner of the residential premises expresses his consent to registration. If the apartment is in shared or joint ownership, and there are several owners, then their presence is required.

You can get out of the situation by issuing a power of attorney for one of the homeowners, who will act in the interests of the others. Provide the above package of documents.

As a rule, copies and originals are provided. The person authorized to receive documents immediately checks the presence of all documentation necessary for registration and returns the originals (the exception is the passport of the person applying for registration, since it will contain a registration mark).

Registration registration. IN

How to register your son in your own apartment

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• Draw up a statement of claim to a judicial organization demanding the allocation of a share of the common property. The court will determine the size of the area owned by the plaintiff.
• Collect the certificate of ownership and submit it to the passport office or MFC. Based on this document, registration will be carried out without the consent of the co-owners.
• Once the court decision on the allocation of a share has entered into force, contact Rosreestr to register the rights of the owner of the area.

A person should contact the passport office or MFC with a passport and a certificate for the property, but in this case the presence of the owner will be required. The owner of the apartment must draw up an application in which he asks to register a person in his area. The general scheme for registration in an apartment is as follows: come to the passport office at the new place of residence (if applying for permanent registration) or stay (if you want to register temporarily); Provide documents on the basis of which you want to register in the apartment.

This could be documents confirming ownership of the apartment, showing that you are the owner and want to register in it. Or it could be the consent of the apartment owners, if you want to register in someone else’s apartment; After signing the application, give your passport and pick it up with a registration stamp on the appointed day.

The article says 4 options for registration - in your own apartment, in someone else’s, without the presence of the owner and via the Internet on the State Services portal (some points in the instructions are repeated).

• On the page that opens, under the heading “How to get the service,” a detailed registration procedure is indicated - read this carefully. On the right, click on the “Get service” button if you need permanent registration. If you are registering temporarily, then on the right select “Registration at your place of residence” and also “Get a service”. The main legislative act that regulates issues related to housing is the Housing Code. This Code sets out the general provisions for registration and deregistration at the place of residence of citizens. After reading it, you can find out whether the son, the owner of the apartment, can discharge his mother or father. Therefore, if such a disaster happens that they decide to discharge you, it is better to resolve the issue with the owner or tenant amicably. Either persuade him to abandon his decision, or discharge himself. This way, at least you won't have to pay legal fees. After the child is discharged, both parents need to go to the passport office where the father is registered. You, as the father, need to submit an application to register the minor at the father’s place of residence. And the child’s mother must give consent to this. To do this, you must first contact the passport office at the place of registration of the child and submit an application to remove the child from registration.
• Follow the link - https://www.gosuslugi.ru/pgu/service/10000023336_85.html#!_description.

My son doesn’t pay his loan... What does the parents have to do with it?

The bank requires me

so that I pay the loan, otherwise
they threaten to take my house
. At the time of taking out the loan, my son was registered in this house, but now only I am registered there. Does the bank have the right to my house and my other property (not belonging to my son)?

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I strongly recommend that you contact the district and city prosecutor's office with a statement about the commission of a crime under Article 159, Part 4 of the Criminal Code of the Russian Federation, namely fraud committed by a group of persons by prior conspiracy on an especially large scale. In the application, indicate the information you have about the commission of a crime under Art. Art. by unidentified persons against your son. 126, 159 of the Criminal Code of the Russian Federation, namely, kidnapping for the purpose of committing fraudulent actions to seize funds from Bank XXX. Taking into account the absence of your son for more than 1 month. the reaction will be unambiguous. Operational investigation with the prospect of trial. By the way, if your son was in cahoots with his adversaries, in prison he will be able to take an exclusive course against drunkenness and alcoholism. Speaking of your son's liver. — It (the liver) will be taken away by police officers during the first interrogation, in order to identify the persons subject to criminal liability for the crime committed.

Can a mother register her daughter/son in an apartment without the consent of others registered?

Hello, this is the situation. The apartment is not privatized. Can a mother register her daughter/son in the apartment without the consent of other residents (registered) in the apartment?

January 27, 2020, 03:03, question No. 1514746 Valery, Yaroslavl Collapse Online legal consultation Response on the site within 15 minutes Answers from lawyers (3) 10138 answers 4010 reviews Chat Free assessment of your situation Lawyer, Yaroslavl

Kaliningrad Free assessment of your situation Hello, Valery. Both the tenant and the owner of the property have the right to move into the apartment other than their minor children under fourteen years of age, only with the written consent of all adult family members.

Including those temporarily absent. No one's consent is required to move in children under fourteen years of age.

In addition to the consent of family members, the tenant also needs the consent of the landlord to move in. January 27, 2020, 03:12 0 0 10.0 Rating Pravoved.ru 27893 answers 12445 reviews expert Chat Free assessment of your situation Lawyer, city.

Cuban Free assessment of your situation

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Good afternoon Maybe, but on condition. Housing Code of the Russian Federation, Article 70. The right of the tenant to move other citizens into the residential premises he occupies under a social rental agreement as members of his family 1.

The tenant, with the written consent of his family members, including temporarily absent family members, has the right to move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents, or with the written consent of his family members, including temporarily absent members of his family, and the lessor - other citizens as members of his family living with him.

The landlord may prohibit the move-in of citizens as family members living with the tenant if, after their move-in, the total area of ​​the relevant residential premises per family member is less than the accounting norm.

The consent of the other members of the tenant's family and the consent of the landlord are not required to move in with the parents of their minor children. January 27, 2020, 04:04 0 0 20435 replies 6793 reviews Chat Free assessment of your situation Lawyer, Moscow Free assessment of your situation Hello! According to Art. 20 of the Civil Code of the Russian Federation: 2. The place of residence of minors under fourteen years of age or citizens under guardianship is the place of residence of their legal representatives - parents, adoptive parents or guardians. A child can be registered without the consent of other family members, because

children must be registered at the place of residence of their parents. With respect, Nadezhda. January 27, 2020, 10:53 0 0 All legal services in Moscow Best price guarantee - we negotiate with lawyers in every city on the best price.

Similar questions March 30, 2020, 21:15, question No. 1591531 April 30

How to deregister a relative from an apartment to the owner: is it possible to deregister a father, mother, son or daughter?

Can a mother remove her son from the apartment without his consent? It is very difficult to discharge a child , no matter whether it is privatized or municipal housing. If the guardianship authorities determine that as a result the living conditions of the minor will worsen, then you can safely put an end to his discharge from the apartment, since this action will be challenged in court.

• does not pay for housing, that is, he has accumulated debts;

absent from the given living space for a long time;

• has another housing, does not live in this one, uses the apartment for other purposes;
• the housing was damaged due to his fault;
• constantly violates the rights and peace of neighbors and people living with him.

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Can a mother register with her child without the consent of the apartment owners?

Can I (mother) register with a child (6 years old)? Do I need the consent of those registered in this apartment or the owner? July 21, 2020, 21:08, question No. 1322246 Natalya,

Moscow

, , , , , , , ,

Collapse Online legal consultation Reply on the website within 15 minutes Answers from lawyers (6) 9419 answers 2154 reviews Chat Free assessment of your situation Yusupov Azizbek Lawyer,

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No you can not. And in. The child can move in with you.

But there is an exception to your question with the peculiarities of the Civil Code of the Russian Federation: Article 36.

Fulfillment of their duties by guardians and trustees2. Guardians and trustees of minor citizens are required to live together with their wards. Separate residence of a guardian with a ward who has reached the age of sixteen is permitted with the permission of the guardianship and trusteeship authority, provided that this does not adversely affect the education and protection of the rights and interests of the ward.

July 21, 2020, 21:17 0 0 1908 replies 589 reviews Chat Free assessment of your situation Lawyer, St. Petersburg Free assessment of your situation Can I (mother) register with a child (6 years old)?

Do you need the consent of those registered in this apartment or the owner? Natalya No, consent is not required, only the consent of the second parent must be, Decree of the Government of the Russian Federation of 1995 No. 713. July 21, 2020, 21:26 0 0 3793 responses 1064 reviews Chat Free assessment of your situation Lawyer, Moscow Free assessment of your situation Owner's consent is required July 22, 2020, 09:24 0 0 530 responses 126 reviews Chat Free assessment your situation Lawyer, Mr.

Omsk Free assessment of your situation Hello.

Your move-in is possible only with the consent of the owner of the premises.

Neither the norms of the Family Code of the Russian Federation nor other legal acts contain rules that allow a legal representative in a particular case to move into a residential premises without the consent of the owner. “Housing Code of the Russian Federation” dated December 29, 2004 N 188-FZ (ed.

dated July 29, 2017) (with amendments and additions, entry.

in force from 08/10/2017) Art. 301. The owner of a residential premises exercises the rights of ownership, use and disposal of the residential premises belonging to him by right of ownership in accordance with its purpose and the limits of its use, which are established by this Code.2. The owner of a residential premises has the right to provide possession and (or) use of residential premises belonging to him by right of ownership to a citizen on the basis of a lease agreement, a contract of gratuitous use or on other legal grounds, as well as to a legal entity on the basis of a lease agreement or on other legal grounds, taking into account requirements established by civil legislation and this Code. August 08, 2020, 07:15 pm 0 0 959 replies 245 reviews Chat Free assessment of your situation Lawyer, city.

The mother and son are registered to re-register the apartment after the death of the mother

It is recognized, until otherwise proven, that the heir has accepted the inheritance if he has performed actions indicating the actual acceptance of the inheritance, in particular if the heir: has taken possession or management of the inherited property; took measures to preserve the inherited property, protect it from encroachments or claims of third parties; made at his own expense expenses for the maintenance of the inherited property; paid at his own expense the debts of the testator or received funds due to the testator from third parties. Article 1154. Time limit for accepting an inheritance 1. An inheritance may be accepted within six months from the date of opening of the inheritance.

If an inheritance is opened on the day of the expected death of a citizen (clause 1 of Article 1114), the inheritance can be accepted within six months from the date of entry into legal force of the court decision declaring him dead. 2. If the right of inheritance arises for other persons as a result of the heir’s refusal of the inheritance or the removal of the heir on the grounds established by Article 1117 of this Code, such persons may accept the inheritance within six months from the date on which their right of inheritance arises.

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Register with your mother

1. Is it possible to register a child with his father without the mother’s consent? We are married.
2. Can a daughter and her child register with their mother?
3. Is it possible to register a child with his mother without the father’s consent?!
4. How can I register a child with myself (the father), where to do this, do I need the mother’s consent.
5. Tell me, can my husband sign my 14-year-old daughter out of the house and register her with her mother?
6. Is it possible for my son to register with his mother in a privatized apartment?
7. Is it possible to register a child (17 years old) with his mother without the mother’s consent?

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. Is it possible for my son to register with his mother in a privatized apartment.

1.1. Yes, my son can be assigned to a privatized apartment. 1.2. Hello! It is possible, with the consent of other co-owners (if any).

2. Is it possible to register a child with his father without the mother’s consent?

We are married. 2.1. Good morning!

A child can be registered either according to the mother’s registration or the father’s registration. 3. Can a daughter and her child register with their mother? 3.1. Hello, dear site visitor, a daughter and child can register with their mother if the mother is the owner of the property.

4. Is it possible to register a child with his mother without the father’s consent?!

4.1. Hello! The place of residence of children in the event of separation of parents is established by agreement of the parents.

In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children.

5. How can I register a child with myself (the father), where to do this, do I need the mother’s consent. 5.1. Hello! Contact the MFC; to register a child, you must have the consent of the other parent.

Good luck to you and all the best! 5.2.

Good afternoon. If you are the owner, in this case you can register the child with you, the mother’s consent is necessary. Have a nice pleasant day. 5.3. If the child is registered with the mother, then you cannot register him without the mother’s consent. And they are registered at the passport office, or the migration department of the police if there is no passport office at the place of residence.

Read answers (2) 6. Tell me, can a husband sign his 14-year-old daughter out of the house and register her with her mother? 6.1. Hello! To change the place of registration of a minor child, the consent of both parents is required, therefore it cannot be done without the consent of the mother. 6.2. Hello! Yes, if he is the owner of the house, he has the right to go to court with a statement of claim to remove his daughter from the registration register.

But the husband will not be able to register the daughter with the mother. The mother herself can do this. I wish you good luck and all the best! 7. Is it possible to register a child (17 years old) with his mother without the mother’s consent?

7.1. Hello, Sergey. Without the consent of the parents, it is impossible to register a minor child even at the place of registration of the mother. All the best to you. 7.2. Without the mother's consent, you will not register the child at her place of residence.

Registration of a child at the place of residence of one of the parents

Every child has the right to live together with his parents, except in cases where this is contrary to his interests. The place of residence of children in the event of separation of parents is established by agreement of the parents.

Registration records help track the implementation of social programs and assess the economic and demographic indicators of the region.

In this case, it is not so much family relationships that are important, but the fact of the absence of cohabitation and the maintenance of a common household and budget. To go to court, you need to prepare a legally competent statement of claim, entrusting this to a lawyer, since you need to build a logical chain based not only on Art. The RF LC, as well as the RF Civil Code and various clarifications of the Plenum of the RF Armed Forces, the Constitutional Court, etc.

The book consists of answers to questions from citizens received on the Rossiyskaya Gazeta portal under the “Legal Consultation” section. First of all, these are issues related to movable and immovable property, taxes, labor, family relations and social security.

I want to register my mother in my apartment, what documents are needed?

The apartment has been purchased, the purchase and sale agreement has been signed, and an application for confirmation of ownership has been submitted to the registration chamber. What to do next? Is registration required in the purchased home?

How can a homeowner register a residence permit in his apartment? Why is registration necessary? Government Decree No. 713 regulates the standards for registering citizens at their place of residence.

Based on this law, citizens who received residential premises through purchase, exchange, inheritance or gift are subject to registration.

At the same time, purchasing an apartment does not oblige a citizen to register in it. Moreover, one person may own several residential premises, but there is no need to register in each of them, since registration is carried out only at one address. Along with the application, submit:

1. departure slip (if the prescriber checked out in advance);
2. passport of the person registering;
3. passports of apartment owners;
4. certificate of registration of the right to an apartment;
5. notarized power of attorney (if any);
6. those registering must present a military ID and a letter of registration, which is taken in advance from the military registration and enlistment office (for those liable for military service).
7. application of the person registering for registration (if certified in advance by a notary);

1. On the appointed day, pick up your passport with a stamp confirming registration at your new place of residence.
2. Based on the applications, the registrar will check the presence of all owners and the attached documents.
   Next, he will take the passport of the person registering and set a deadline for receiving it (3-7 days).

The procedure for registering a person in an apartment without his presence The law stipulates that without the personal presence of citizens it is impossible to register or deregister anyone (Art.

31 of the Decree of the Russian Federation). But it happens that you need to register, for example, a sick or elderly family member who needs care, but cannot walk around the offices independently. In this case, the instructions are as follows:

• You can issue a power of attorney to perform actions on behalf of the person registering in order to go to the offices for him.
• To begin with, the prescriber, if he is registering in another city, must be discharged from his old place of residence, but if in the same city, then he must be discharged. Above is a link to a detailed article about deregistration (deregistration) if located in another city.

To do this, you need to draw up not a general power of attorney, but a special or one-time power of attorney from a notary. You can also call a notary where you need it, for example, invite it to your home (paid service).

Attention He will attest to the application that is completed by the prescriber.

The form and sample will be provided by the notary. If the person is blind or has limited mobility, write the application for him.

If a person cannot sign the application on his own, then a so-called handicapper is invited (Article 160 of the Civil Code), whom the patient will ask to sign the document for him. It could be any neighbor or acquaintance.

Can a son register his mother in his apartment without her presence?

In this case, the consent of third parties may be required; this requirement is specified in the bank mortgage agreement. Basically, this issue is resolved by a credit institution. In any case, when the legal representatives are asked to register a minor child without the consent of the owner, they must be guided by the interests of the child. In controversial situations, the court will be involved.

It is possible for a child to be registered at the father’s place of residence without the consent of the owner. This is true in the case when a baby is born to citizens who have not registered their marriage. In this case, information about the father must be entered in the child's birth certificate and the register of the registry office.

Thus, if there is evidence of relationship with the father, then the child can be registered with him. The content of the article:

1. Registration of a person in his apartment, which is privately owned
2. Registration of a person without his presence
3. Registration of a person in a municipal apartment

Registration of a person in his apartment, which is privately owned. The owner, who owns the apartment individually, has the right based on the law to register anyone in it, without regard to sanitary and registration standards of residence (Chapter 5, Article 30, paragraph 2 of the Housing Code code).

Registration procedure:

• To begin with, if a person registers in another city, then he needs to be discharged from his old place of residence; If you are registered in the same city, then you do not have to register.

The situation with temporary registration is the simplest for the owner, since the child is also registered temporarily, for the period of registration of the spouses. After the specified period ends, the entire family is deprived of temporary registration.

In this case, you can discharge a minor child, but in a controversial case, the matter will have to be resolved in court. Temporary registration If a married couple is temporarily registered in a residential area and they have a child, then he also receives temporary registration.

Such events pose no threat to the apartment owner.

In any case, you won’t have to share the apartment. Residents who have temporary registration do not have any rights to own the area. At the end of the temporary registration, the child must vacate the premises together with his parents.

Registration at an address gives a person the right to live there and use utilities, paying for them regularly.

Important But at the same time, the process itself requires the participation of both parties.

The way out in this situation is the right of citizens of the Russian Federation to transfer their powers through notarized powers of attorney.

In order to correctly draw up such a paper, you should initially contact the FMS and inquire about the possibility of registration by power of attorney.

Info After this, you can contact a notary company or call a specialist to your home.

Also, if a citizen cannot sign on his own, then an additional hand-applyer is invited. A sample power of attorney from the owner for registration is here.

Time frame and cost Registration registration gives citizens many privileges.

On the possibility of his mother expelling his son from the apartment without his consent

In practice, questions often arise as to whether a property owner can deregister a relative or stranger, including whether a mother has the opportunity to sign her son out of her personal apartment without his consent.
The procedure for resolving the issue requires an individual approach, since often in such disputes the constitutional right of the property owner to independently dispose of his property and the guarantee of each citizen for social security collide, especially with regard to minor participants in disputes.

Basics

Questions about how to expel your relative, including your own child, from an apartment after he or she reaches the age of majority are regulated by both the civil code and the family legislation of the Russian Federation. Therefore, unfortunately, the possibilities of the property owner are significantly limited by the legislator.

So, they are considering two ways to remove a citizen from apartment registration:

• voluntary;
• forced.

If the cohabitant has personal consent to move out, then no additional problems will arise. The parties only need to contact the Federal Migration Service to write applications from the parties to carry out the procedure. The participation of minors in this situation requires a slightly different approach.

In the age period from 14 to 18 years, children can make decisions about residence and registration independently, but with the mandatory participation of parents.

Therefore, in order to avoid the possibility of parents abusing parental rights, guardianship and trusteeship authorities are also involved in the procedure.

It is almost impossible to remove an adult child from an apartment, since all children have guaranteed rights to use and dispose of family real estate on an equal basis with their parents. Those grounds that are generally valid for biological and adopted children cannot be applied.

Important! If before the birth of a baby in the family, housing was privatized, then it is impossible to discharge the child from the house, since all citizens who officially lived on square meters at the time of completion of privatization have equal rights with the owner of the property.

In addition, there are restrictions under which parents under no circumstances can forcibly remove a child from the apartment from the register:

• if the child is a co-owner of a share of the home (inheritance, deed of gift and other types of transfer of property rights to minor citizens);
• when re-registration is carried out in a new house with worse living conditions.

Procedure

At the same time, with regard to deregistration of an adult son, the mother and father have a number of opportunities to carry out a compulsory procedure. To determine whether adults can cancel their child’s registration without his consent, it is necessary to establish the presence of one of the following conditions:

• if for a long time the child does not live at the registration address, but lives in the personal areas of the second parent (for example, the father has the opportunity to remove his son from the apartment register if he lives separately with his mother, whose living conditions are better than at the place of registration) ;
• if the child is already an adult and has full legal capacity, and also has other alternative places for registration.

This is an exceptional list of features. Also included in a separate category of questions is the algorithm for de-registering a mother and baby together (for example, after a divorce). In this case, there is no question of the child’s consent, and the court will grant the father’s request only if the woman has a place to register in compliance with the proper living conditions for the child.

https://www.youtube.com/watch?v=Otu0mdOFLyQ

All controversial situations are resolved only with the involvement of the judiciary, and therefore the interested person prepares a petition to the court, and also collects the necessary documents and evidence. The court makes a decision after the hearing based on material evidence, as well as the testimony of all parties.

Package of papers

The court is one of the bodies that makes decisions on the merits, but does not participate in the collection of evidence, so the obligation to provide documents falls on the shoulders of interested parties. And the final decision of the judge will depend only on the completeness of the package of papers.

Thus, the main documents necessary to discharge a child from the parents’ home include:

• plaintiff's civil passport;
• personal documents of the defendant;
• papers that confirm the plaintiff’s absolute ownership of the property;
• original application;
• home Book.

A special list of documents is formed depending on the individual situation and may include:

• confirmation of permanent residence at another address;
• conclusion of the guardianship authorities on checking the conditions in the plaintiff’s apartment and whether they are appropriate for the child;
• confirmation of the child’s personal property where re-registration can be done;
• witness statements.

If the main argument for revocation of registration is antisocial behavior and regular disturbance of the peace of neighbors, then you need to:

• collect testimony from witnesses - residents of the entrance;
• collecting signatures from residents with a request to evict a negligent neighbor;
• copies of personal complaints about the defendant’s behavior that were sent to law enforcement agencies.

Plus, when making a decision on a dispute, the court analyzes the defendant’s solvency and his ability to independently pay for rented or personal housing, so it would not be a bad idea to obtain a certificate of the defendant’s income.

As practice shows, such disputes rarely end in the satisfaction of claims, since as arguments the defendant can rely on the lack of work, studying in higher educational institutions, which does not allow him to find a job, being a minor or poor health.

Therefore, the property owner needs to be patient and have a reliable baggage of evidence and arguments.

About the possibility of a mother expelling her son from the apartment without his consent Link to the main publication

Source: https://kvadmetry.ru/vypiska/mozhet-li-mat-vypisat-syna-iz-kvartiry-bez-ego-soglasiya.html