Registration of rights to real estate through a notary: questions and answers - News, announcements - Rosreestr

Article 8. Dates and place of state registration

1. State registration is carried out within no more than five working days from the date of submission of documents to the registration authority, unless otherwise provided by this Federal Law.

2. State registration of a legal entity is carried out at the location of the permanent executive body specified by the founders in the application for state registration, in the absence of such an executive body - at the location of another body or person having the right to act on behalf of the legal entity without a power of attorney.

3. State registration of an individual entrepreneur is carried out at his place of residence.

Deadlines for registering an apartment in Rosreestr

Currently, the body authorized by the state to carry out state registration of rights to real estate is the Rosreestr Office, which has its branches in each region of our country.

However, our country also has an extensive network of MFCs - multifunctional centers that provide citizens with assistance in obtaining government services and municipal services, including state registration of rights to apartments.

MFCs have the right to accept documents for state registration of rights to apartments, as well as issue extracts from the register after registration. The MFC acts as a kind of intermediary, allowing you to complete a transaction, and this intermediary acts free of charge.

Let's celebrate! The advantages of MFCs are that they are conveniently located and have many open “windows”, including on Saturdays. However, when applying to the MFC, the period for registering an apartment increases.

You can submit documents for registration either directly to the Rosreestr branches or to the MFC of your choice. Having prepared a set of documents, you need to decide where you will apply - to Rosreestr or the MFC, because this will determine the specific period it will take to register the rights to your apartment.

Good to know! The law does not establish grounds for conducting state registration of rights to individual real estate objects in a shortened time frame. Therefore, the timing of registration of rights does not depend on the basis on which the living space is acquired.

When purchasing, when donating, a privatized apartment - the deadlines for registering rights when purchasing an apartment on the above grounds are:

in case of submitting an application with attached documents directly to the Rosreestr branch - seven working days from the day when the specialists of the regulatory authority accepted the specified documents from you;
in the case of submitting an application with attachments to the MFC - nine working days from the day when the MFC specialists accepted the specified documents from you.

Apartments of a housing construction cooperative

In the case of registration of rights to an apartment in a housing construction cooperative, given that the apartment is located in a new, recently commissioned building, you must first register it with the cadastral register, assign it a cadastral number, and only after that register the rights to it.

In this case, the deadlines for registration of rights are as follows:

if you submit an application for cadastral registration and state registration of rights with the documents attached to it directly to the Rosreestr branch - ten working days from the day when the specialists of the registrar authority accepted the specified documents from you;
if you submit an application for cadastral registration and state registration of rights with the documents attached to it at the MFC - twelve working days from the day when the MFC specialists accepted the specified documents from you.

Article 9. Procedure for submitting documents during state registration

1. Documents can be sent to the registration authority by post with a declared value when forwarded with an inventory of the contents, submitted directly or through a multifunctional center for the provision of state and municipal services (hereinafter referred to as the multifunctional center), sent in the form of electronic documents signed with an electronic signature, using information - public telecommunication networks, including the Internet, including a single portal of state and municipal services, in the manner established by the federal executive body authorized by the Government of the Russian Federation.

Submission of documents to the registration authority directly or through a multifunctional center can be carried out by the applicant or his representative acting on the basis of a notarized power of attorney, with such a power of attorney or a copy thereof, the accuracy of which is certified by a notary, attached to the submitted documents.

1.1. Requirements for the execution of documents submitted to the registration authority are established by the federal executive body authorized by the Government of the Russian Federation.

1.2. An application, notification or message required for state registration is submitted to the registration authority in the form approved by the federal executive body authorized by the Government of the Russian Federation, and is certified by the signature of the applicant, the authenticity of which must be certified by a notary, unless otherwise established by this paragraph. In this case, the applicant indicates his passport data or, in accordance with the legislation of the Russian Federation, data of another identification document and taxpayer identification number (if any).

Notarization of the applicant's signature on the application, notice or message submitted for state registration is not required in the following cases:

submission of documents provided for in Article 12 of this Federal Law directly to the registration authority by the applicant personally, with the simultaneous presentation of a document proving his identity;

submission of documents provided for in Articles 22.1, 22.2 and 22.3 of this Federal Law to the registration authority directly or through a multifunctional center by the applicant personally, with the simultaneous presentation of a document proving his identity;

sending documents to the registration authority in the manner established by paragraph 1 of this article, in the form of electronic documents signed with an enhanced qualified electronic signature of the applicant.

1.3. For state registration of a legal entity, the following individuals may be applicants:

a) the head of the permanent executive body of a registered legal entity or another person who has the right to act on behalf of this legal entity without a power of attorney;

b) the founder or founders of a legal entity upon its creation;

c) the head of a legal entity acting as the founder of a registered legal entity;

d) bankruptcy trustee or head of the liquidation commission (liquidator) upon liquidation of a legal entity;

e) another person acting on the basis of the authority provided for by federal law, an act of a specially authorized state body or an act of a local government body.

1.4. When making changes to the unified state register of legal entities concerning the transfer of a share or part of a share in the authorized capital of a limited liability company, the applicants may be a member of the company, a founder (participant) of a liquidated legal entity - a member of the company, having proprietary rights to its property or rights of obligation in relation to this liquidated legal entity, the legal successor of the reorganized legal entity - a member of the company, the executor of the will and the notary.

If the company participant, founder (participant) of a liquidated legal entity - a company participant, who has proprietary rights to his property or mandatory rights in relation to this liquidated legal entity, the legal successor of a reorganized legal entity - a company participant, indicated in paragraph one of this paragraph, are legal entities, such applicant may be the head of the permanent executive body of such a legal entity or another person who has the right to act on behalf of such a legal entity without a power of attorney, as well as an individual acting on the basis of a notarized power of attorney. The specified power of attorney or its copy, the accuracy of which is certified by a notary, is attached to the documents submitted to the registration authority.

1.5. For state registration of an individual entrepreneur, the applicant can be an individual applying for state registration or registered as an individual entrepreneur.

2. The date of submission of documents for state registration is the day they are received by the registering authority.

3. On the day of receipt of documents submitted directly to the registration authority, such authority issues a receipt of documents indicating their list and the date of their receipt to the applicant or his representative, acting on the basis of a notarized power of attorney. If documents are submitted to the registration authority through a multifunctional center, this receipt is issued by the multifunctional center to the applicant or his representative acting on the basis of a notarized power of attorney.

When the registering authority receives documents sent by post, a receipt for receipt of the documents, if there is a corresponding instruction from the applicant, is sent by the registration authority to the postal address specified by the applicant no later than the business day following the day of receipt of the documents.

When documents are received by the registration authority in the form of electronic documents using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services, a receipt for receipt of documents during the working day following the day of receipt of documents is sent to in the form of an electronic document to the email address specified by the applicant.

Information about the fact of submission of documents to the registration authority no later than the business day following the day they were received by the registration authority is posted on the official website of the registration authority on the Internet.

3.1. The registration authority ensures recording and storage of all documents submitted in accordance with this Federal Law in the manner established by the federal executive body authorized by the Government of the Russian Federation.

4. The registration authority does not have the right to require the submission of documents other than the documents established by this Federal Law.

4.1. The registration authority does not check for compliance with federal laws or other regulatory legal acts of the Russian Federation the form of the submitted documents (except for the application for state registration) and the information contained in the submitted documents, except for the cases provided for by this Federal Law.

5. Notarization of documents submitted during state registration is necessary only in cases provided for by federal laws.

6. An individual has the right to send written objections to the registration authority regarding the upcoming entry of data about him into the unified state register of legal entities, indicating his passport data or, in accordance with the legislation of the Russian Federation, data of another identification document and taxpayer identification number (if any). Such an objection can be sent to the registration authority by post, submitted directly, sent in the form of an electronic document signed with an electronic signature, using public information and telecommunication networks, including the Internet. When sending an objection by mail, the authenticity of the signature of an individual must be certified by a notary.

In accordance with paragraph 1 of Article 1 of the Federal Constitutional Law of March 21, 2014 No. 6-FKZ “On the admission of the Republic of Crimea to the Russian Federation and the formation of new entities within the Russian Federation - the Republic of Crimea and the federal city of Sevastopol” (hereinafter referred to as the Federal Constitutional Law on acceptance of New subjects) The Republic of Crimea is admitted to the Russian Federation in accordance with the Constitution of the Russian Federation and Article 4 of the Federal Constitutional Law of December 17, 2001 No. 6-FKZ “On the procedure for admission to the Russian Federation and the formation within it of a new subject of the Russian Federation.”

As follows from Art. 12 of the Federal Constitutional Law on the admission of New Subjects, in the territories of the Republic of Crimea and the federal city of Sevastopol, documents are in force, including those confirming civil status, education, ownership, right of use, the right to receive pensions, benefits, compensation and other types of social payments, the right to receive medical care, as well as customs and permitting documents (licenses, except for licenses for banking operations and licenses (permits) for the activities of non-credit financial organizations), issued by state and other official bodies of Ukraine, state and other official bodies of the Autonomous Republic of Crimea , state and other official bodies of the city of Sevastopol, without limiting the period of their validity and any confirmation from the government bodies of the Russian Federation, government bodies of the Republic of Crimea or government bodies of the federal city of Sevastopol, unless otherwise provided by Article 12.2 of this Federal Constitutional Law, and also unless otherwise follows from the documents themselves or the essence of the relationship.

On the territory of the Republic of Crimea and the federal city of Sevastopol, there are regulations governing the specifics of state cadastral registration and state registration:

— Law of the Republic of Crimea dated July 31, 2014 No. 38-ZRK “On the peculiarities of regulation of property and land relations in the territory of the Republic of Crimea” (hereinafter referred to as Law of the Republic of Crimea No. 38);

— Law of the city of Sevastopol dated July 25, 2014 N 46-ZS “On the peculiarities of regulation of property and land relations in the territory of the city of Sevastopol” (hereinafter referred to as the Law of the city of Sevastopol No. 46)

The main features are provided for in Art. 8 of the Law of the Republic of Crimea No. 38 and Art. 7 of the Law of Sevastopol No. 46.

State acts, certificates or other documents confirming the right of a citizen to permanently use a land plot are the basis for registering a citizen’s ownership of a land plot.

In the case of a transaction with real estate that is in state or municipal ownership, registration of the right to state or municipal property is carried out simultaneously with the registration of the transfer (encumbrance) of the right. An application for state registration of state or municipal property rights to the state registration authority is not required.

The list of documents confirming the existence of previously arisen rights is established by a regulatory legal act of the Council of Ministers of the Republic of Crimea and the Government of Sevastopol, respectively.

If an applicant applies for state registration of a right, restriction (encumbrance) of a right registered before the entry into force of the Federal Constitutional Law on the Admission of New Subjects, state registration of the right is carried out on the basis of an application that indicates the details of the documents that were the basis for the emergence of the right, stored in bodies and (or) organizations that carried out registration of rights before accession. Requesting such documents from applicants is allowed only if they are not available from the named bodies or organizations.

If the documents that are the basis for state registration of a previously arisen right, restriction (encumbrance) of a right are not drawn up in Russian and the applicant, on his own initiative, has not submitted documents containing translations of such documents into Russian carried out in the manner established by the legislation of the Russian Federation, the executive body the state authority of the Republic of Crimea, authorized in the field of state registration of rights and state cadastral registration, provides translation into Russian of such documents. Translation into Russian of such documents is carried out by authorized officials of the executive body of state power of the Republic of Crimea, the city of Sevastopol, authorized in the field of state registration of rights and state cadastral registration, and is certified by the signature of such officials and the seal of these bodies, respectively (with the deadline for registration extended by 5 working days). Notarization of the translation of such documents into Russian or the authenticity of the signature of the named official who carried out the translation is not required. Documents containing translations of these documents are included in the corresponding files of title documents.

Article 11. Decision on state registration

1. The decision on state registration made by the registering authority is the basis for making a corresponding entry in the relevant state register.

2. The moment of state registration is recognized as the entry by the registering authority of the corresponding entry into the relevant state register.

3. The registering authority, no later than one working day following the day of expiration of the period established for state registration, in accordance with the applicant specified in the application, notification or message submitted for state registration, issues documents to the applicant or his representative, acting on the basis of a notarized power of attorney and providing such a power of attorney or a copy thereof, the accuracy of which has been certified by a notary, to the registration authority, or sends by mail a document confirming the fact of making an entry in the relevant state register. If the applicant does not indicate the method of obtaining documents, the registering authority sends a document confirming the fact of making an entry in the relevant state register to the postal address specified by the applicant. If the applicant or his representative, acting on the basis of a notarized power of attorney, submits documents to the registration authority through the multifunctional center, a document confirming the fact of making an entry in the relevant state register is sent by the registering authority within the period established by this paragraph to the multifunctional center, which issues the specified document to the applicant or his representative, acting on the basis of a notarized power of attorney and providing such a power of attorney or a copy thereof, the accuracy of which is certified by a notary, to the multifunctional center. The form and content of this document are established by the federal executive body authorized by the Government of the Russian Federation. Upon receipt by the registration authority of documents provided for by this Federal Law, in the form of electronic documents signed with an electronic signature, using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services, as well as when indicating in the application for state registration of information provided for in subparagraph “c.1” of paragraph 1 or subparagraph “e.1” of paragraph 2 of Article 5 of this Federal Law, a document confirming the fact of making an entry in the relevant state register is sent in the form of an electronic document to the email address mail specified by the applicant. In this case, the registration authority is obliged to submit the document provided for in this paragraph in written (paper) form upon the corresponding request of the applicant.

3.1. The registering body, no later than the working day following the day of state registration, submits in the form of an electronic document in the manner established by the federal executive body authorized by the Government of the Russian Federation, information contained respectively in the unified state register of legal entities, the unified state register of individual entrepreneurs, to state extra-budgetary funds for registration and deregistration of legal entities and individual entrepreneurs as insurers.

4. The registering authority, within no more than five working days from the date of state registration, submits information about registration in the form of an electronic document to state bodies determined by the Government of the Russian Federation. The composition of information sent to the specified state bodies, as well as the procedure and timing for providing the relevant legal entity or individual entrepreneur with information about its credentials are established by the Government of the Russian Federation.

Duration of state registration of rights

Advice from lawyers:

1. Terms of state registration of ownership of inheritance.

1.1. Hello, Olga Vladimirovna! The law does not provide a specific period for registration of Certificates of the right to inheritance. You can contact the authorities involved in registering rights to real estate at any time; there are no penalties. Evidence does not lose its strength over time.

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2. Validity period of the state duty for the state. registration of rights to real estate.

2.1. Hello Tolya! A payment document confirming payment of the state duty for state registration of rights to real estate and transactions with it is valid for three years.

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2.2. Hello, your receipt is not limited by any statute of limitations by law, the main thing is that the details match. Good luck and all the best.

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2.3. Good afternoon, Tolya! The state duty has no statute of limitations, except in cases where the account details or the amount that must be paid for certain actions have changed. Every problem has a solution, the main thing is to be able to find it. Thank you for using the site's services!

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3. The application shall indicate the reasons and timing of the suspension of registration of the transfer of rights after the signing of the apartment purchase and sale agreement. If such a statement does not indicate a period, then state registration of rights is suspended for six months. And the question is: For how long can a buyer or seller write an application for suspension of state registration of rights to real estate?

3.1. You can write whatever you want, but the decision on the application will be made in accordance with the current rules of law and the specific circumstances of the case. Sincerely, lawyer – Stepanov Vadim Igorevich.

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4. We signed the contract for the apartment and submitted it for registration. We were refused registration because... the seller did not cancel the entry in the Unified State Register of Real Estate about the impossibility of state registration of a transfer, restriction (encumbrance), or termination of the right to a property registered without the personal participation of the owner. The buyer wants his money back. The letter of credit has not expired. How to do it?

4.1. Hello. You need to read the refusal and the PrEP.

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5. I want to change my driver’s license after 10 years, I have a narcologist and a psychiatrist by registration, and I want to go through a commission in the city to see if I have the right. And Mr. services there is a column for the license number of a medical institution, if I go to the place of registration of a narcologist and a psychiatrist, and there are other doctors in the city, then what should I do and what license number should I indicate? Thank you.

5.1. This is not a legal issue.

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6. The wife missed the deadline for entering into inheritance. Through the court, I restored my inheritance rights. Certificate of state registration of the right to 1/2 share. The notary issued a certificate of the right to inheritance for 1/2 share. 1/2 share was never formalized. How can you refuse privatization? If the second one died, and the legal representative of the child of the deceased second heir is not going to register and we cannot find him.

6.1. Privatization and acceptance of inheritance are in no way intersecting phenomena. Try to state your question more clearly. Sincerely, lawyer – Stepanov Vadim Igorevich.

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7. The wife missed the deadline for entering into inheritance. Through the court, I restored my inheritance rights. Certificate of state registration of the right to 1/2 share. The notary issued a certificate of the right to inheritance for 1/2 share. 1/2 share was never formalized. How can you refuse privatization? In order to abandon this land plot in the future.

7.1. Deprivatization is possible only with the consent of both owners of the site.

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8. When an LLC is reorganized into a KPC (credit and consumer cooperative), all rights and obligations are transferred to the KPC. Question: will the deadline (date) for registration with the state pass? LLC register on the KPK or registration of the KPK will be considered from the date of its entry into the state. registry.

8.1. Hello! Yes, this possibility is provided for by law. But the reorganization procedure is quite complicated.

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9. From what point does the 5-year period of ownership of an apartment begin to count for exemption from personal income tax when selling it if it is a housing cooperative apartment: from the moment of ownership with full payment of the share contribution, or from the moment of state registration? The apartment is in a building built and put into operation in 1993, at that time the share was paid in full. State registration has not been issued until now.

9.1. Hello! From the date of state registration of rights.

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9.2. From the moment the share is paid in full. If you want to see analysis and links to legal acts, then this can also be done.

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10. We bought an apartment from the developer using the DCP. We registered the title and made full payment. The deadline for handing over the keys is not specified in the policy. They came for the keys, and the developer said that according to the Civil Code they have the right to transfer the apartment within 30 days! Is it so? Before this, the developer said that after the state. registration and payment will hand us the keys.

10.1. No. Wrong. Did you draw up an Acceptance Certificate for the Transfer of the Apartment or is this stated in the contract? And therefore the keys must be handed over.

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10.2. Between the deadline for handing over the house and the deadline for handing over the keys, the developer pledges a month, two, ten, his entire life. The law does not impose specific numbers. The developer needs this time: To conclude an agreement with the management company, register the house in the cadastral register and assign an address to the house. To draw up a schedule for the transfer of apartments, call the shareholders and invite them to acceptance In order to have time to transfer all the apartments to the shareholders As insurance time to eliminate comments from the receiving committee or if the delivery date is postponed.

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10.3. You will inform them that you will draw up a separate act of handing over the keys; up to this point, utilities and payments will be paid by the developer.

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11. Please, is a property operational management agreement subject to registration with the body that carries out state registration of property rights if it is concluded for a period of less than 1 year?

11.1. In accordance with paragraphs 1, 2 of Article 299 of the Civil Code of the Russian Federation, the right of economic management and the right of operational management arise on the basis of an act of the owner assigning property to a unitary enterprise or institution, as well as as a result of the acquisition of property by a unitary enterprise or institution under an agreement or other basis. By virtue of paragraph five of paragraph 1 of Article 216 of the Civil Code of the Russian Federation, the right of economic management and the right of operational management

relate to the real rights of persons who are not owners.
In this regard, the right of economic management and the right of operational management of real estate arise from the moment of their state registration.
(Clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 of 04/29/2010). Accordingly, if you do not register an agreement for the operational management of real estate, then you will not have the right to operational management. The timing has nothing to do with it.

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12. In 2020, I became the owner of a brick garage (type, number, date of state registration of rights). The basis is a gift agreement. But in 2020, the land lease from the previous owner expired. I did not execute a land lease agreement. Can I sell my garage (quickly) using the document I have? Thank you!

12.1. Of course you can, I don’t see any obstacles. The lease has ended, the owner did not notify you that he does not intend to renew the lease agreement, therefore the agreement is considered concluded on the same terms and for an indefinite period, Article 621 of the Civil Code of the Russian Federation.

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13. A relative received an apartment after the death of his mother (date of death - March 12, 2020). He entered into inheritance rights according to the deadline. And I prepared the documents for the apartment in July of this year (registration in the State Register). Now he is selling his apartment. The question is: what taxes and in what amounts must be paid, based on the transaction value of 2 million?

13.1. None. By virtue of Article 217 of the Tax Code of the Russian Federation, no tax is paid in this case, because 3 years have passed, and the new provisions of the law came into force on January 1, 2020, but there is also a period of 3 years in relation to inheritance. It has expired, and the right of ownership is counted during inheritance from the date of opening of the inheritance, and not from the state. registration.

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14. Received a land lease agreement from the administration after winning the land lot. Tell me how long it takes for me to register it with the State Administration. registration of rights and cadastre of the city? From what period does payment for renting a plot begin? Thank you.

14.1. Register - the law does not directly establish deadlines, only the terms of the contract or auction may be. From the date specified in the terms of the contract, payment will be made.

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15. Hello! What should I do if the deadlines for state cadastral registration and state registration of rights have been violated? The application and documents were submitted to the MFC on May 14, 2020 and until now (July 12, 2020), the application is in the status Application accepted for processing.

15.1. From the moment of admission until the decision on state registration is made, in accordance with the law on state registration of real estate No. 218-FZ, the state registrar also has the opportunity to “suspension of state registration,” which makes it possible to “postpone” the final decision. If such notice (of suspension) was accepted by the registrar, he was obliged to send you such a notice, which indicates all the relevant grounds. Initially, you should have been given a receipt for accepting documents, based on it, contact the Rosreestr Office with a question about the decision made, you can contact the reception. In general, you have the right to appeal the action/inaction of a government agency in court within the framework of the CASS of the Russian Federation (but for this, you must have the document on hand that you are appealing).

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16. According to a court decision in November 2020, my neighbor and I were allocated an easement, for her and for passage through my land plot, for me and hers, which we were obliged to register within a month after the decision entered into legal force, which we have not done to date both. If there is no registration, does that mean there is no easement? Does my neighbor have the right to walk across my land plot if the easement has not passed state registration? Do I have the right not to be allowed into my area? Thank you.

16.1. Dear Maria, here you need to distinguish between what is a title document and what is a title document. In your case, a court decision that has entered into legal force and has not been appealed in a timely manner by the parties, as I understand it, is a document of title. Those. document that established the right to exist of an easement on the plots

. Registration of an easement with the bodies of Rosreestr, although necessary, is, in essence, a title-certifying action. Those. an action that simply results in the registration of a given right in a manner specified by the procedure. So both you and your neighbor are obliged to let each other pass through their areas. Live peacefully and all the best to you!

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17. There is a way to get a duplicate of the certificate of state registration of the right to an apartment in the shortest possible time.

17.1. If your property is registered in the Unified State Register of Real Estate, but you have lost the certificate of ownership, then you can come to Rosreestr or the Multifunctional Center and get a duplicate of the document. If your property has not been registered with Rosreestr, then you need to find out the registration authority that registered it in your name. After this, you will need to apply there to restore the lost certificate and obtain the necessary document. How to find out where to apply for a duplicate if you do not remember the name of the registration authority. If the property was registered in your name after 1999, then most likely it was registered by Rosreestr. It is very easy to clarify this point; you need to order an extract from the Unified State Register from Rosreestr. If necessary, you have the right to additionally request documents not listed. At the same time, it is important to know that the papers about the state. registrations of rights (including repeated ones) are not issued to heirs. The certificate will be issued within 10 days. If your application is not accepted, Rosreestr employees must issue a written reasoned refusal. If you think that the refusal violates the law, you can challenge it by contacting the management of Rosreestr or in court. If Rosreestr does not issue you an extract on the grounds that the property is not registered in the Unified State Register, then you need to think about where else it could have been registered. If your property was acquired before 1999, it is likely that you will need to contact the City Property Department to obtain a duplicate certificate.

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18. Is it permissible to unilaterally cancel the registration entry in the Unified State Register of Property Rights of the defendant and the registration entry of the property rights of the plaintiff, based on a court decision declaring the gift agreement invalid beyond the limitation period and indicating that from the moment the decision enters into legal force, the certificate on state registration, the plaintiff's rights are invalid.

18.1. Such changes are allowed and, moreover, they are necessary on the basis of a court decision, if it has entered into legal force under Article 13 of the Code of Civil Procedure of the Russian Federation.

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19. The will is recognized by the court as invalid. The heirs go to the notary to enter into inheritance rights, but it turns out: 1. the deadline for entering into inheritance has been missed, because The process of challenging the will began 8 months later. after the death of the testator. 2. we must recognize the state. registration for the apartment is not valid (the heir has entered into inheritance rights under the will). Is the notary right?

19.1. Good day! It is not clear what your question about notaries is: is it right or wrong? What you wrote is really true, now in court it is necessary to restore the missed deadline for entering into an inheritance and, on the second issue, also file a claim in court to declare the certificate of inheritance invalid.

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19.2. Good afternoon, dear Svetlana. We need to file an application with the court of claims to restore the deadlines and invalidate the registration. Good luck to you and your loved ones!

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19.3. Hello! Of course, the notary is right, since the deadline for submitting the application has been missed. It is necessary to file a lawsuit to restore the period for accepting the inheritance and recognizing the right of ownership through inheritance. If the defendant has already registered his right, then the certificate must be declared invalid.

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20. In June 2012, by court decision, my ownership of the garage box was recognized. But I did not register with the state. Do I have the right to obtain a certificate of ownership now? If deadlines are missed, what should you do?

20.1. You have every right to register property. Contact Rosreestr with the court decision and apply for registration of property rights.

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20.2. Good morning! Contact the Rosreestr authorities with a decision that has entered into legal force to register ownership of the garage box. You can submit your application through the MFC authorities.

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20.3. Good afternoon. If the court decision has entered into legal force, then you need to contact Rosreestr and register the garage. The deadline has not passed.

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20.4. Hello Julia! You can register ownership at this time. You can always find a way out of any situation. Good luck to you and all the best in your endeavors.

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Compliance with legal requirements in the field of security was checked

Bodies carrying out state registration of rights to real estate and transactions with it,

Through the MFC, documents were submitted for State registration of rights to real estate acquired on the basis of a Certificate of Inheritance in 1998.

We all have certificates of state registration of rights to apartments, garden plots, houses on them, and garages.

In 2010, ownership was registered on the basis of a Certificate of Inheritance by law.

The registration of the Gardening Partnership with the Federal Tax Service was refused, citing an incorrectly drawn up protocol; they require re-registration with a new entry from the state.

Can a court order impose foreclosure on property the right to which is not registered in IGRA?

I was interested in the question of whether purchase and sale agreements that are supposed to be concluded require state registration.

I am not a resident of Russia - I live abroad - in 2020 I entered into the rights of inheritance by law in Russia (I have a certificate of state registration)

Can a transaction (sale) of an apartment be carried out without my consent if the real estate agency has a copy of the state registration of the right to my apartment.

Is it possible to indicate in a will for an apartment a condition for the heir to receive an inheritance?

How is property rights registered?

Registration of rights to real estate is a long process. As a rule, this is due to the complexity of preparing and submitting documents. But the procedure itself takes place within 4 weeks.

This is important to know: The act of accepting the transfer of an apartment under the DDU

Property registration includes the following steps:

You need to resort to the services of the Federal Registration Service or local departments that have the right to register such objects.
You must provide all papers for registration.
The relevant service will conduct an examination of the submitted acts and verify the legality of the operation.
The authorities will check the availability of existing rights to the required object.
Consideration of possible reasons for termination of the transaction.
Recording information in the Unified State Register of Rights.
Registration of papers for the right of ownership.
Issuance of papers that will confirm state registration of property.

The property registration process is permitted to the following categories:

citizens of Russia who have reached the age of majority;
citizens registered in other states;
legal representatives of other states;
Russian legal representatives;
citizens without any citizenship;
international organizations of any format;
foreign states;
municipal organizations;
subjects of the Russian Federation.

According to the law, refusal to register property must be motivated. That is, the reasons that made the procedure impossible are presented in writing. Among the most common are:

provision of an incomplete package of documents;
an incorrectly drawn up application;
providing false information;
the existence of a ban on registered property;
doubts about the veracity of documentary information;
arrest of the object.

Real estate transactions without registered ownership

Is it possible to sell real estate if the rights to it are not registered in accordance with the procedure established by law? It would seem that the answer is obvious: no. However, the Presidium of the Supreme Arbitration Court of the Russian Federation has a different opinion (resolution dated September 1, 2009 No. 1395/09).

The Presidium of the Supreme Arbitration Court of the Russian Federation, having considered the dispute in the manner of supervision on the claim of the purchaser of real estate who won an auction organized for the sale of the property of a bankrupt, made an unexpected decision: real estate, the ownership of which has not been registered in the manner prescribed by law, until such registration can be the object of civil rights and the subject of the obligation. Otherwise, as noted by the Supreme Arbitration Court of the Russian Federation, a contradiction is revealed to the principles of legal certainty and stability of civil circulation.

The background is this. The new purchaser of real estate and the bankrupt seller, based on the results of the auction, entered into a real estate purchase and sale agreement. On the same day, the specified property, according to the acts of acceptance and transfer, was transferred to the buyer, who, within the terms specified in the contract, fulfilled the counter-obligation to pay for it, the funds from the sale of the property went to the bankruptcy estate for settlements with the seller’s creditors.

But the buyer was in no hurry to register the transaction and applied to the registration authority after the bankruptcy procedure was completed and an entry on the liquidation of the bankrupt seller was entered into the Unified State Register of Legal Entities.

When trying to register the owner's rights to the newly acquired real estate, the buyer learned that the seller registered the rights to the property once privatized by the bankrupt only a year after the parties concluded the ill-fated purchase and sale agreement. That is, the ownership of the property was registered with the seller after the conclusion of the purchase and sale agreement. On this basis, as well as due to the liquidation of one of the parties to the transaction, the buyer was refused registration of the purchase and sale agreement.

In such a situation, the buyer had no choice but to obtain a court decision so that the registration authority could complete the necessary registration actions. This practice has become widespread, and the courts have actually put real estate turnover on stream during the liquidation of one of the parties to the transaction on the basis of a decision made by analogy with the rules specified in paragraph 3 of Art. 551 Civil Code of the Russian Federation.

Let us recall that for the first time the analogy of law regarding the registration of the transfer of rights to real estate with a liquidated seller was used by the Presidium of the Supreme Arbitration Court of the Russian Federation back in 2003 (Resolution No. 1069/03 dated May 27, 2003).

The buyer went to court, but received a refusal decision due to the lack of ownership rights from the seller of real estate at the time of signing the purchase and sale agreement, registered in the manner prescribed by Federal Law dated July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and transactions with him" (hereinafter referred to as Law No. 122-FZ). The appellate and cassation instances agreed with the conclusion: the turnover of real estate without a registered right to it is impossible.

The buyer found himself in a hopeless situation: the money had been paid, the object could not be registered in his name, and there was no one to file a claim with, since the opponent had been liquidated.

The Presidium of the Supreme Arbitration Court of the Russian Federation decided the case in favor of the buyer, obliging the registration authority to register the purchase and sale agreement and the transfer of ownership of the real estate. He noted two important circumstances that influenced the decision.

Firstly, the purchase and sale agreement was actually executed by the parties: the property was transferred to the buyer, and he fulfilled all financial obligations for payment.

Secondly, despite the belated registration of the property right by the bankrupt seller, such a right was registered. Consequently, the act of recognition by the state of the seller’s rights to real estate, required by paragraph 1 of Art. 2 of Law No. 122-FZ, takes place.

The Presidium of the Supreme Arbitration Court of the Russian Federation came to the opposite conclusion when considering a similar dispute in which the ownership of the liquidated seller’s real estate could not be proven (Determination of the Supreme Arbitration Court of the Russian Federation dated August 13, 2009 No. VAS-9755/09).

In this dispute, the buyer was unable to provide evidence confirming the inclusion of real estate in the seller’s authorized capital, created through privatization. Therefore, the stated requirements for registration of the purchase and sale agreement and transfer of ownership of real estate were not satisfied.

Thus, the conclusion of a purchase and sale agreement must be preceded by a legal examination of the seller’s property rights. When the fact of the absence of registered rights is discovered after signing the agreement, it is necessary to organize such registration in the manner established by Law No. 122-FZ. If the seller's property rights are not properly registered, its liquidation will lead to losses for the buyer that cannot be compensated.