Alienation of property - is it possible?

Procedure for alienation of apartments

2 tbsp. 167 of the Civil Code of the Russian Federation, that is, each party is obliged to return to the other party everything received under the transaction, and if it is impossible to return what was received in kind, to reimburse its value in money. In exceptional cases, in accordance with Art. 165 of the Civil Code of the Russian Federation, the court has the right to recognize as valid a transaction for the purchase and sale of an apartment that has not been certified by a notary office, provided that the transaction does not contain anything illegal and in fact it was executed by both parties or one. When a notary certifies transactions for the purchase and sale of an apartment, the availability of documents is checked. We recommend reading: when reducing vacation

Permission to sell an apartment from the guardianship authorities: sample 2020

The purchase and sale agreement usually does not pose any particular difficulties, but sometimes the process does become complicated. Selling real estate owned by a minor is not so easy. If there is a child among the sellers, you must obtain permission to sell the apartment from the guardianship authorities. Failure to comply with legal requirements will result in legal proceedings and cancellation of the transaction.

What does the law say?

The main idea of ​​the current legislation is to fully protect the interests of the child. Due to their age, children are not yet fully aware of their rights and cannot detect in time that someone is violating or ignoring them. One of the biggest dangers for a minor is the sale of property without taking into account his interests.

When selling, it is necessary to provide the minor with a living space in return that is equal to or greater in size (square footage, size of share) than the previous one. The responsibility to ensure the acquisition of equivalent housing is assigned to the child’s legal representatives - his parents or guardians (trustees). The correct fulfillment of this duty is monitored by the guardianship authorities.

Important. The rules set out below are necessary for cases where the child is the owner of the home - the sole or shared owner. If the child is simply registered, but does not have property rights, then permission from the guardianship authorities to sell the apartment is not required.

The permission of the guardianship and trusteeship authorities is proof that the parent (guardian) properly fulfilled his responsibility and took into account the interests of the child when conducting the transaction.

If an adult decides to ignore the law and sell a home without permission, the following consequences may occur:

1. The transaction will not pass state registration with Rosreestr employees if the registrar determines that the package of documents does not contain the necessary permits.
2. If the transaction is registered, then the state or the child, having reached the age of majority, will be able to appeal to a competent judge and cancel the sales contract.

Regardless of the reasons, the buyer and seller of real estate bear a lot of negative consequences, which will inevitably lead to losses and litigation.

What does a sales authorization sample look like?

A guardianship permit for the sale of an apartment with a minor is drawn up on a separate form from the territorial authority and signed by an authorized official. The permit must have a serial number and a date, which determines the moment the permit begins to be valid.

The text of the consent contains:

• name of the body;
• Full name of the minor, full name of the legal representative (guardian);
• the fact of giving permission;
• terms of sale;
• actions to be taken by the applicant after the sale;
• proprietary information for relevant departments.

An example of the resolution can be seen below.

Note . The validity period of the permission from the guardianship to sell the apartment is one month from the date of issue.

List of required documents

It is necessary to prepare in advance a list of evidence, thanks to which officials will be able to assess whether the transaction is legal. An approximate list of documents for guardianship when selling an apartment in 2020 is as follows:

1. Application for the sale of an apartment. A sample application for guardianship for the sale of an apartment can be downloaded here.
2. Identity cards of parents (guardians).
3. If the child has already reached 14 years of age, he will be required to provide a passport and consent to the sale.
4. Birth certificates of children.
5. Certificates of registration or divorce.
6. Documents about the apartment for sale.
7. Documents about the apartment being purchased.

About the living space that is for sale, you need to submit to the guardianship authorities:

• document on ownership (an extract from the Unified State Register or certificate will do);
• technical documents for housing (passports, plans, certificates);
• document-basis of the acquisition;
• certificate of cadastral or inventory value;
• certificates of absence of debt for housing and communal services and property taxes.

Regarding the housing that is planned to be purchased, the guardianship authorities provide the following documents:

• pre-prEP;
• extract from the Unified State Register or certificate of ownership;
• technical permits and certificates.

The specified list of documents is typical; the guardianship authority may require additional other certificates. Documents are provided in copies and originals, the latter are returned to the applicant.

How to get a permit: step-by-step instructions

The law provides for a special procedure for obtaining. How to obtain permission to sell an apartment?

There are a number of steps a guardian or parent should take:

1. Collect the documents listed above, with the exception of the application.
2. Find out when you can approach the inspector to submit documents and make an appointment in advance.
3. Fill out the application in the presence of the inspector, sign, and attach documents.
4. Hand over the completed package of papers to the guardianship staff.
5. Wait for the officials’ decision and, based on the results, either withdraw the permit or refuse it.
6. After obtaining permission, you can conduct a purchase and sale transaction.

Both parents must come to the inspector in person with the child (if he is over 14 years old), otherwise the application will not be accepted. If the appearance of one of the parents is objectively impossible (he is sentenced to prison, is incompetent, missing or is abroad), the appropriate documents will be needed.

Note. Sometimes specialists from the guardianship authorities meet parents halfway and, during a preliminary consultation, outline the prospects for the application - whether they will issue permission or not.

What are the deadlines?

The period for obtaining permission begins to be calculated from the day the application with documents is submitted. A legal analysis of the situation in practice takes up to 14 working days, but sometimes you have to wait one month.

When considering the application on its merits, a specialist from the guardianship authority has the right to take the following actions:

• call parents for an interview;
• ask for additional evidence;
• go out to inspect the property – being sold or purchased;
• perform other actions to fulfill duties.

After receiving approval from officials, sellers have one month to dispose of the housing being sold for the purchase and sale of an apartment, after which the paper will no longer be valid.

Features of obtaining consent when moving to another city

The law does not contain restrictions on a family moving from one city to another. You can sell an apartment in one city, then buy it in another, providing guardianship at your previous place of residence with a similar set of documents as when moving within the same locality.

If settlements are significantly removed from each other, then it will not be possible to complete transactions of selling an old and buying a new apartment at the same time. Then the parents open a temporary bank account for the child, to which the proceeds from the sale of the apartment are transferred. Account details and a statement of money transfer will need to be provided to the guardianship staff.

Reviews and common problems

Permitting practices vary from region to region. In some places, consents are issued without any problems, but in others, officials consider applications for several months. It all depends on the specific individual situation.

Below are typical problems in which citizens are refused:

• housing is purchased that does not exist - an apartment at the excavation stage;
• the new apartment is smaller in area than the old one;
• after moving with children, the minor child will become the owner of a smaller share than before;
• the apartment is purchased in installments, there is a possibility of litigation;
• new housing is inferior in technical characteristics to the old one;
• the new area lacks sufficient infrastructure.

The general approach of the trustee and guardianship authorities is the same - if the documents show that the new apartment is worse than the old one in some way, the citizen will receive a refusal.

To be on the safe side, it is recommended to visit a guardianship specialist in advance – even before putting the apartment up for sale – and obtain a preliminary opinion. The consultant will tell you under what conditions it will be possible to sell your home.

Refusal of guardianship: what to do

The refusal of the guardianship authority to approve the sale of an apartment to a minor is not final. Any decision can be appealed according to the rules of administrative proceedings. The law states that an arbitrary (unmotivated) refusal by a guardian to issue permission is unacceptable.

If parents are sure that the move will not infringe on the rights of the child, then they must file an administrative claim with the district court at their place of residence. Next, the judge will determine how lawfully the officials refused to consider the case.

A copy of the refusal must be attached to the application, as well as all documents that were handed over to the guardianship staff for issuing consent. The trial can take up to six months.

Lengthy legal proceedings frighten the majority of applicants in such cases. After all, then not only the applicant suffers, but also the buyer of his property. Sometimes it’s easier to agree with guardianship and look for another object to purchase.

Conclusion

It is not difficult to obtain permission from the guardianship authorities to sell an apartment. It is enough to collect a complete package of documents, come to the inspector and submit the appropriate application. If the decision is positive, the apartment can be sold, but if consent is refused, you will have to appeal the refusal through the courts.

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Certificate of alienation of an apartment

300 - Other regions Alienation of property is the termination of the property of its owner with the subsequent transfer of this property to another person.
This action is regulated by the Civil Code in the section “Termination of ownership”. The concept of alienation should be distinguished from: refusal; providing an object for temporary use; providing a future possibility of alienation (for example, a preliminary purchase and sale agreement). The subject of alienation can be either things or rights. Regulatory regulation Let's consider the features and nuances of the alienation of property prescribed in the Civil Code. Grounds The right of ownership may be terminated upon alienation of property by the owner in favor of other persons, upon his abandonment of property, and in other cases to which legislative norms apply. Forced alienation of property is unacceptable, with the exception of: collection of obligations; alienation of property that cannot belong to the person to whom it was transferred; seizure of the site; redemption of cultural property; confiscation; requisitions; By the tribunal's decision.

At the will of the owner, property belonging to state or municipal property may be alienated in favor of legal entities and individuals.

Kindergarten - out of turn - for - Chernobyl victims

3) citizens (including those temporarily sent or sent on business) who in 1986 - 1987 took part in the work to eliminate the consequences of the Chernobyl disaster within the exclusion zone or were employed during this period in work related to the evacuation of the population, material assets, farm animals, and on operation or other work at the Chernobyl nuclear power plant; military personnel and those liable for military service called up for special training and involved during this period to perform work related to the liquidation of the consequences of the Chernobyl disaster within the exclusion zone, including flight-lifting, engineering and technical personnel of civil aviation, regardless of the location and work performed; persons of command and rank and file of internal affairs bodies who served in the exclusion zone in 1986-1987; citizens, including military personnel and those liable for military service, called up for military training and who took part in the work on the Shelter facility in 1988-1990; junior and paramedical personnel, doctors and other employees of medical institutions (with the exception of persons whose professional activities involve working with any types of sources of ionizing radiation in the radiation environment at their workplace, corresponding to the profile of the work performed), who received excess doses of radiation while providing medical assistance and services during the period from April 26 to June 30, 1986 for persons injured as a result of the Chernobyl disaster and who were a source of ionizing radiation;

military personnel and those liable for military service called up for special training and involved in work related to the liquidation of the consequences of the Chernobyl disaster, regardless of the location and work performed, as well as commanding and rank-and-file personnel of internal affairs bodies, the State Fire Service, who served (are serving) in exclusion zone;

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Who is entitled to benefits when enrolling and paying for kindergarten in 2020

Kindergarten beneficiaries mean children who, due to disability, professional, official, service affiliation of their parents, or for other reasons, have the right to apply for first or priority admission to kindergarten. Benefits for kindergarten in 2020 are regulated by Art. 55, 65 Federal Law-273 “On education in the Russian Federation”.

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Problems with enrolling children in preschool educational institutions that are pressing for all Russians are forcing mothers to extend their maternity leave indefinitely. This situation is completely contrary to Art. 43 of the Constitution of the Russian Federation, which states that education in Russia is publicly accessible.

What benefits are available to citizens affected by the accident at the Chernobyl nuclear power plant?

To assign payments and benefits, you need to collect documents and submit an application . It is necessary to document that you belong to the category of Chernobyl victims. To do this, you need to issue a “Chernobyl Identification Certificate” . This document will further serve as confirmation of all benefits.

Sevastopol. A Chernobyl child receives EDV and attended kindergarten for free until 2014. Now they are charging 100% of the fee, the prosecutor's office confirmed our rights to the benefit and notified that a lawsuit has been filed to restore our rights and return the funds paid for 2015. They warned that it was necessary to appear as soon as the court called. More than six months passed - silence. I sent an email to the court - no response. Where to go? Thank you, I hope for an answer.

24 Aug 2020 juristsib 130

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Benefits for kindergarten, or how to become a recipient of benefits for kindergarten

This list is approved at the national level, but in the regions additional preferential conditions may be established for enrolling a child in kindergarten. Interested persons can obtain additional information and advice about such benefits from the territorial social protection authority.

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Benefits for kindergarten provided at the enrollment stage

When submitting a package of collected documents (common to all applicants), citizens must attach a document confirming their right to benefits. If they forgot or ignored this point, the regional commission for staffing preschool institutions will consider the application without taking into account discounts and benefits. Documents confirming the right to benefits are:

Don’t forget - if you plan to sell your dacha, the documents in 2020, as in previous years, must be drawn up correctly and certified by the relevant authorities. Only with a certificate confirming the right of ownership in hand can you dispose of the property at your own discretion.

• registration application;
• passport of a citizen of the Russian Federation;
• a notarized power of attorney for a representative of one of the parties and his identification card;
• papers confirming the execution and registration - agreement, decision of regional authorities;
• land survey plan with an act of approval of the boundaries of the site;
• financial receipt for payment of state duty.

Surveying

The purchase and sale of land involves the preparation and execution of a certain package of papers. In this article we will understand what documents are needed to sell a plot of land and how to formalize the transaction from the point of view of civil law.

1. Voluntary re-registration of property rights. In this case, the owner transfers the land plot to another person at his own request in order to conclude certain contractual relations: sale, donation, exchange or inheritance.
2. Forced re-registration of property rights. In this case, the transfer of the land plot is not related to the will of its owner. This type of alienation arises in the situation of seizure of land in favor of authorities for the purpose of using it for the needs of the state or a particular region, as well as in its confiscation based on a court decision.

Documents for alienation

The necessary documents for the alienation of an apartment, which will be required when completing a purchase and sale transaction, exchange or donation, depend on whether the owner of the apartment or the new owner is married, whether minor family members live in the apartment, whether the apartment is mortgaged and on a number of others factors.

In most cases, if the seller is a respectable owner, transactions go through quickly and without unnecessary bureaucratic red tape. If an unusual situation arises, the seller and buyer can always get advice on what documents are required to submit to complete the transaction from the authorities authorized to register such real estate transactions, or from a lawyer specializing in this area.

Unfortunately, a small number of citizens of the Russian Federation have a clear understanding of the alienation procedure. This procedure is quite complex and has many nuances that need to be known, understood and taken into account when re-registering property rights. What is alienation of residential premises? What forms of alienation are there and for what can an apartment be seized?