An extract from the register of personal rights to real estate is a special document containing the full amount of information about the subject of real estate, operations carried out with it, starting from 1998. From it you can find out about the owner of real estate, citizens registered in it, encumbrances, arrests, find out , when, who made the request for data about the property.
A similar document is issued to any person who submits an application to Rosreestr. But for third parties the list of data from the registry is limited. They are not provided with information about the legal capacity of the owner of real estate, or information from the package of documents on property rights.
The fastest, simplified option for obtaining a Unified State Register certificate via the Internet. You can order a certificate online at any convenient time of the day, right at home. You will be provided with complete information from Rosreestr about the property you are interested in in just 10 minutes.
Civil legal capacity of an individual
legal capacity is his ability (more precisely, legal ability) to have civil rights and bear certain responsibilities as provided by law.
Those. to be a bearer of rights and obligations, to be a subject of law, according to Art. 17 Civil Code of the Russian Federation. The legal capacity of a citizen arises from the moment of his birth, and is recognized equally by all citizens of the Russian Federation. Legal capacity is inseparable from the personality of a citizen. You cannot deprive a person of legal capacity .
In relation to transactions with apartments, the legal capacity of the Seller means that he has legal rights to own, use and dispose of the apartment.
Certificates from ND and PND - what are they?
When selling an apartment, realtors sometimes require a certificate from the Seller from the ND and PND , citing the desire to make sure that the Seller is fully capable .
A certificate from the ND is a certificate from the drug treatment clinic at the place of residence of the Seller stating that he is not registered with them. If he is registered, then his legal capacity is in question.
A certificate from the PND is a certificate from the psychoneurological dispensary at the Seller’s place of residence stating that he is not registered with them. If he is registered, then his legal capacity is in question.
♦ Example of a certificate from the IDP for the seller of an apartment ♦ (Click! Opens in a pop-up window.)
But! Important clarification! If the Seller is registered in the ND or PND , this does not indicate his incapacity (this issue can only be decided by the court), but it increases the risks of the transaction associated with possible incapacity .
And the opposite situation - if at the time of concluding the transaction there was no court decision on incapacity , then subsequently there is still a risk of challenging the transaction for this reason. The court may recognize the Seller as incompetent or limit his legal capacity after the transaction, and consider that at the time of its completion he did not understand the significance of his actions (Article 177 of the Civil Code of the Russian Federation). And this is already a reason to invalidate the transaction.
For those who are registered with ND or PND , this risk is obviously higher. To reduce this risk, appropriate certificates are taken.
True, there is good news for the Buyer of the apartment: since March 2015, paragraph 2 of the above-mentioned Article 177 of the Civil Code of the Russian Federation has been supplemented with a condition under which the transaction can be declared invalid if the Seller was subsequently limited in legal capacity , and considered that at the time of the transaction he did not understand the meaning of his actions, and (important!) The Buyer knew about it (i.e. he saw that the Seller was mentally ill, but still made a deal with him).
At the same time, one should not confuse the concepts of “recognized as incompetent” and “limited in legal capacity”
Certificate from the PND (psychoneurological clinic)
Where else can I get a certificate of legal capacity when selling an apartment?
This medical document can also be issued at the seller’s place of residence, at a psychoneurological dispensary. He confirms that the citizen is not registered with this institution and has no mental disabilities. If a person is listed in the PND, then his sanity is questionable.
A certificate from the PND is a certificate from the psychoneurological dispensary at the place of residence of the Seller about his sanity and that he is not registered with them. If he is listed as a psychiatrist, then his legal capacity is in question.
A certificate from the ND is a certificate from the drug treatment clinic at the Seller’s place of residence stating that he is not registered with them. If he is registered with a narcologist, then his legal capacity is in question.
If the Seller is listed with PND or ND, this does not mean that he is incompetent (this issue can only be decided by the court (Article 29 of the Civil Code of the Russian Federation), but it increases the risks of the transaction that are associated with incapacity.
A person can only be declared legally incompetent through a court procedure. If we are talking about psychoneurological or drug addiction problems, then you can obtain the appropriate certificates by personally visiting a psychoneurological dispensary at your place of residence.
If a certificate is required stating that a person is not registered with the PND or ND, the document will be issued immediately upon application. If a person is registered with the PND, then a certificate of health and the absence of contraindications is issued only by the attending physician.
We suggest you familiarize yourself with how many days a death certificate is issued
Documents required to issue a certificate:
- passport of a citizen of the Russian Federation;
- registration certificate (upon request);
- compulsory medical insurance policy (on request);
- SNILS certificate;
- military ID (on request).
If the service is provided on a paid basis, then a compulsory medical insurance policy may not be required.
The certificate production time varies from 1-3 days. If a person is registered, it will take several days to issue the certificate.
The cost of an IPA certificate at a paid institution is approximately from 700 to 1200 rubles. You can find out the exact price by calling the clinic you are applying to.
If you go to a public medical institution at your place of residence, the certificate is issued free of charge at certain hours.
The certificate can be obtained in unlimited quantities as needed.
The validity period of the document required for the sale of an apartment is 1 year.
The Seller cannot be obligated to obtain a certificate from the IDP and ND, since this is voluntary. To complete a transaction, the presence of this document is not required by law.
What is a certificate of legal capacity?
Conventionally, the concept of “certificate of legal capacity” refers to documents from specialized medical institutions stating that the citizen has not undergone treatment and is not registered at the dispensary:
- drug treatment
The document confirming the absence of mental disorders and drug addiction must contain the following information:
- the full name and date of birth of the person who contacted the organization for information;
- name of the institution that issued the certificate;
- details of the psychiatrist who wrote the paper;
- medical examination results;
- time of examination;
- signature and personal seal of the doctor;
- seal of a medical institution.
When the second party involved in the transaction has doubts that the person with whom the contract is signed suffers from alcoholism or drug addiction, he will have to undergo examination at a drug treatment clinic. After passing the examination, the citizen will be able to receive the necessary certificate.
The document must contain the same information as the HDPE paper. Citizens must understand that there is no register of legally capable persons, only lists of persons. registered with doctors.
How else in practice is capacity checked?
Upon contact with a person, his legal capacity is determined by visual observation. It makes sense to doubt the mental normality of an individual if the person:
- starts talking, confuses words, speaks too quickly and incoherently or too slowly;
- does not control his movements;
- Laughs inappropriately, cries, shouts lines that are not related to reality.
People suffering from drug addiction and alcoholism experience memory loss and outbursts of uncontrollable aggression.
The notary certifying the contract must verify the legal capacity of both parties involved in the transaction. To do this, it first checks the age of buyers and sellers. According to the law, citizens of the Russian Federation can fully dispose of property from the age of 18 or from the moment of marriage.
The lawyer confirming the agreement is obliged to check the sanity of citizens entering into real estate transactions. He has the right to request certificates from medical institutions from citizens. When a notary has doubts about the sanity of persons who contact him, he can send a petition to the court to force him to be sent for examination.
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In practice, the sanity of citizens is most often determined by the following methods:
Determination of mental fitness is necessary when:
- making a will;
- refusal of inheritance;
- signing a donation agreement.
It is in the interests of the beneficiary to receive such a document in advance.
Extract from the Unified State Register with information about legal capacity
What else is included in the certificate of legal capacity of the apartment seller?
If a person is declared incompetent or partially capable, then the authorities responsible for guardianship and trusteeship at the place of his residence transmit information to the Federal Registration Service so that the information is entered into a unified database on property rights. All this information is contained in the extract from the Unified State Register. It is provided exclusively to the copyright holder or a notary, who has the right to submit requests for certificates of legal capacity of his clients.
Extract on registered rights to an apartment
State registration of rights to real estate is the only valid evidence of the existence of any right to an apartment (Clause 5, Article 1 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”). Information on registered rights to residential premises is contained in the Unified State Register of Real Estate (USRN). According to paragraph 1 of Art. 62 Federal Law dated July 13, 2015 No. 218-FZ “On state registration of real estate”, such information can be provided upon request of interested parties in the form of an extract from the Unified State Register of Real Estate .
EGRN information (with the exception of data to which access is limited) is publicly available , which is why any person can receive an extract of registered rights to a specific apartment.
As a rule, the need to obtain such an extract arises when making real estate transactions, registering a deed of gift or inheritance, dividing property and other property disputes, for provision to creditors or as evidence in court.
In this case, it is necessary to pay attention to the fact that:
- Information about registered rights to an apartment represents information about the copyright holder of a specific property, as well as the type of right registered in the Unified State Register and the size of the copyright holder's share in this right.
- In addition to information about registered rights, the extract must also contain a description of the characteristics of the apartment (address, total area, number of rooms, floor, etc.), an indication of existing restrictions and encumbrances, information about current legal claims and declared rights of claim, as well as objections to them (clause 7 of article 62 of the Federal Law of July 13, 2015 No. 218-FZ).
The register of rights may contain other information about the apartment of interest and its owner, in particular:
- content of title documents;
- generalized information about the rights of an individual;
- information about the legal capacity of the copyright holder, etc.
However, this information is limited to public access and can only be provided to an exhaustive list of entities:
- owners and their representatives;
- local authorities;
- law enforcement agencies, etc.
An extract on the rights to an apartment can be provided to a citizen in the form of an electronic document or on paper. The legal force of documents, regardless of the form in which they are presented, is equivalent .
What does an extract from the Unified State Register for an apartment look like?
This document has a specific form, which is established by Order of the Ministry of Economic Development of Russia dated March 22, 2013 No. 147 “On approval of document forms in which information contained in the Unified State Register of Rights to Real Estate and Transactions with It is provided.”
A sample extract from the Unified State Register for an apartment looks like this:
Other Practical Verification Methods
If the seller does not provide a certificate confirming his legal capacity to sell an apartment, his reliability and sanity can be checked in other ways:
- Possession of a driver's license. If the seller has it, then it means that he was examined by the PND and ND.
- Personal assessment of the seller. Undoubtedly, it will not be possible to identify obvious mental deviations, but it is possible to determine its general adequacy. You can meet his neighbors, relatives, colleagues, and explore social network pages.
- Inviting a health worker on the day of concluding the PrEP for the purpose of officially examining the selling party and confirming the conclusion of the contract at the time of signing the documentation.
- Certification of the contract by a notary. The lawyer has the right to request any required information from the Unified State Register. In addition, he is responsible for his own actions, including financial ones.
When is it recommended to request a certificate of legal capacity of a person?
Help may be needed in a variety of life situations:
- when making a purchase or sale transaction or donation;
- for signing donation and rent agreements;
- for notarial drawing up and confirmation of a will.
A document on legal capacity is needed for former spouses who have entered into a legal dispute:
- for the right to communicate with children;
- to determine the child’s place of residence.
When signing a real estate purchase agreement, you should request a similar document from the seller if he is an elderly person. An elderly citizen may not be aware of the consequences of his actions; as a result, the act of transferring a home to buyers may be challenged by interested parties in court.
To do this, applicants for the seller’s property will need to find out where to get a certificate of personal incapacity. Guardians of a mentally ill person should act according to the following scheme:
- go to the dispensary, get a certificate stating that the person under your care is registered;
- apply to the courts.
It makes sense to require a certificate from the second party to the transaction if the buyer has doubts about the seller’s alcoholism or drug addiction. This paper will help to avoid future litigation with relatives of the person who sold their property. You can determine that a person is addicted to alcohol or drugs by his appearance and inhibited reactions.
When do you need to request a certificate of transaction capacity?
- Pay attention to the seller's behavior. Tearfulness or, conversely, excessive cheerfulness, his inability to carry on a conversation and concentrate for a long time, and confusion of thinking should alert you.
- If, when looking around the apartment, you see a mess, garbage lying around, empty bottles - this is another bell. In this case, you should abandon this apartment and continue your search. Those who liked the apartment so much that they are not ready to do this should at least try to protect themselves in this situation as much as possible.
- The bank may request a certificate of transaction capacity if a mortgage loan is used for the purchase.
- Most real estate agencies recommend asking the seller for a certificate of ability to transact if he is over 60 years old.
To obtain a certificate, the seller must contact a psychoneurological dispensary. You need to have your passport with you. The cost of obtaining a certificate is 200 rubles. The procedure takes 10-15 minutes, first they check whether the person is registered, the psychiatrist talks with the person, finds out the logic of his thinking, and based on this makes a conclusion about whether he can make transactions. The seller is issued a certificate certified by two seals and a hologram.
How to obtain a certificate of legal capacity
To declare a person incompetent, you need to file a claim in court. In other cases, citizens prove their sanity with certificates, which must be taken from psychoneurological and narcological medical institutions. Such documents can be requested by:
- citizens personally;
- parents of minors.
Obtaining a certificate is possible only if you have a citizen’s passport or an identification document of the legal representative.
How to get an extract from the Unified State Register of Real Estate
Let's take a closer look at the algorithm of actions for each selected option for obtaining help.
You can visit Rosreestr or MFC branches in person. For this purpose, you need to take with you the package of documents listed above and appear at the authority at the appointed time. In some centers you can make an appointment by phone, while in others you need to come and get a coupon on the spot. In this case, the applicant can be refused only under the following circumstances:
- absence of the applicant’s signature in the application;
- all necessary data is not provided;
- information with limited access is claimed by an applicant who does not have rights to it.
After the personal appointment, the registrar issues a receipt indicating the time and date when you should appear for the completed extract.
Through the Internet
To receive an online statement, you just need to go to the Rosreestr portal and fill out the application form posted there. If you wish, you can also use the State Services resource, although the applicant will simply be redirected to the Rosreestr website. It is also worth noting that some authorities require only a paper version of the document and do not accept its electronic version. For example, banks.
In what cases is a certificate of legal capacity required?
Legal capacity is understood as a state of a person in which he can exercise all the rights and obligations provided for by law, namely:
- get married;
- to make deals;
- alienate or buy property.
A participant in a transaction who:
- cannot understand the meaning of his actions;
- suffers from mental illness.
The fact of incapacity is established only on the basis of a court decision.
The legislation of the Russian Federation does not contain requirements for mandatory confirmation of the sanity of the parties when concluding an agreement. Some transactions concluded by individuals may be challenged by relatives or other interested parties.
Particular care must be taken when signing documents if the party to the agreement:
- is registered with a psychiatrist;
- suffers from alcohol or drug addiction;
- has inappropriate behavior at the time of concluding a transaction;
- was previously limited by the court in legal capacity.
A certificate of absence of incapacity must be obtained when notarizing documents for elderly people.
Extract from the Unified State Register (EGRN) for the apartment - What? Where? Whose
Each organization that requires an extract from the register can set its own validity period. Courts, notaries or banks usually accept statements for a period of no more than one month. The more recent the statement, the more trustworthy it is. Therefore, for the Buyer of an apartment, for example, it makes sense to order information from the register as close as possible to the moment of concluding the purchase and sale transaction.
To do this, you need to fill in the appropriate fields on the request page (address of the apartment, the form for receiving an extract, and the applicant’s passport details), and send the request by clicking on the button. a request number will be sent to the specified email address , and then a letter with an offer to pay for the service. You can pay using a bank card, e-wallet or mobile phone account.
Also read: How much does a deed of gift for a share in a house cost?
Do I need a certificate of legal capacity when selling an apartment?
A certificate of legal capacity is not required, but being a kind of protection for the buyer, it is sometimes required by the realtor. It is needed in order to verify the full sanity of the selling party, determine its reliability and eliminate as much as possible the risks of unexpected failure of the transaction.
Certificate from a psychiatrist for a notary
The exact cost depends on the specific case. Leave a request or check by phone.
As we know, Russian legislation, including the legislation on notaries, is imperfect; one of such controversial issues is the issue of the unsettled procedure for conducting a psychiatric examination of citizens at the time of committing legally significant actions, including at the time of drawing up wills, powers of attorney, transactions for the purchase and sale of apartments and other real estate.
Unfortunately, the current foundations of the legislation on notaries only briefly mentioned the duty of a notary to check the legal capacity (capacity to transact) of a citizen before performing a particular notarial act. If you are interested in the content of this article, open Article 43 of the Fundamentals of Notary Legislation.
So, even despite the imperfection of our civil legislation, law enforcers, who are the notaries themselves, have come to a logical resolution to the situation.
If you look at recent history, then the same 10 years ago, our notaries, at the slightest doubt about the mental health of a citizen, demanded from the citizen himself, or from the realtor who accompanied the transaction, a certificate from the territorial PND (psychoneurological dispensary) about the current condition mental health of the citizen.
As we understand, the certificate of mental state was drawn up in a very simplified form, which, for obvious reasons, did not reflect either the examination procedure, nor did it indicate that the patient was actually examined by anyone, and of course did not guarantee the purity of the transaction 100%. Over the past few years, the situation with ensuring the legal security of real estate transactions and the performance of notarial acts has changed significantly and, importantly, qualitatively.
Firstly, the country has developed the necessary judicial practice, which has shown that a certificate from the PND stating that a citizen is not and has not been registered with it, nor a certificate from a psychiatrist, does not guarantee 100% security of legally significant notarial actions performed .
As a result, instead of the notorious, but free certificates from the PND, notaries began to demand from realtors and citizens the opinions of psychiatric experts, which, in terms of the volume and complexity of the research, actually correspond to a full-fledged conclusion of a forensic psychiatric examination.
As we understand, notaries and realtors no longer need IPA services. Free PND services have been replaced by paid services of doctors and forensic psychiatric experts working not in the PND, but in forensic institutions specializing in conducting forensic or pre-trial psychiatric examinations, on behalf of preliminary investigation authorities and the court.
So, in order to avoid any problems with notarization of transactions, with the execution of a will, certification of powers of attorney and agreements, Russian notaries and realtors successfully use the services of expert institutions, such as the ANO "Center for Medical Expertise"
In conclusion, we cannot fail to mention the fact that our experts are extremely mobile. We can organize a visit of a psychiatrist expert to your notary office, or to the patient’s place of residence, regardless of the reasons for calling the expert.
Let me note once again that the result of our psychiatric examination will not be the notorious certificate from a psychiatrist, but a multi-page, reasoned opinion of an expert psychiatrist, accompanied by a license from a medical institution, educational documents and certificates for an expert psychiatrist. By the way, you can find a copy of our license on this page in the upper right corner.
If you still have unresolved questions on the topic of checking legal capacity by a notary, or on the issue of the procedure for issuing a certificate from the IPA (on legal capacity) for a notary, be sure to visit our forum of independent forensic experts.
If the seller is incapacitated
A person can be declared incompetent solely by a court decision in accordance with Article 29 of the Civil Code and on the basis of a forensic medical examination if a complete lack of understanding of one’s own actions is revealed or a serious mental disorder is detected. The court has the power to appoint a guardian. That is, a person who will make decisions and perform actions for a person declared incompetent.
If the seller is found to have limited legal capacity
Only a judicial authority can recognize a person as having limited legal capacity (for example, due to drug addiction or alcoholism). In this case, a trustee is appointed. A citizen recognized as having limited legal capacity retains the right to make independent decisions regarding small transactions of a domestic nature. Large transactions can only be made with the consent of the trustee. The supporting framework for clarifying the legal nuances in the matter of confirming legal capacity when selling an apartment is as follows: 26, 29, 30, 31, 32, 37, 1153 and 1157 of the Civil Code, as well as 1221-P and 927-P of the Government of the Russian Federation.
What does an extract from the Unified State Register look like and what does it contain?
Anyone interested in a specific piece of real estate can purchase an extract from the Unified State Register today. Public information that is indicated in the document helps to secure the process of transferring rights to the property and obtain additional information about the property.
Purpose of the document
An extract from the Unified State Register is today the main document on real estate ownership, which will replace outdated samples of property certificates. If you need to find out who the owner of the property is or other information that is available in an official document, you must contact the relevant authorities or order a certificate on the Rosreestr website.
The Unified State Register of Rights or the Unified State Register of Rights is an official database in the Russian Federation that contains a register of rights to real estate and all transactions with it (information about real estate, about owners, about forms of ownership, restrictions on rights, etc.). How to obtain information from the Unified State Register, read here.
Common reasons for receiving a document are related to:
- Buying and selling real estate.
- Inheritance and donation of real estate.
- Certification of ownership in the presence of claims to real estate by third parties.
- Registration of a property for cadastral registration.
- Checking the presence of arrests and restrictions imposed on real estate.
- Use by the owner of real estate as collateral for lending.
- The need to have a document confirming ownership of the property.
The value of the document primarily lies in its information content. Thus, a sample extract from the Unified State Register for an apartment necessarily contains useful information about the property and its owners:
- Cadastral number, purpose and name of the property.
- Factual information about the property (area, number of floors, exact address).
- Public information about the copyright holder.
- Information about restrictions and arrests imposed on the facility.
- Information about claims to the object, if any.
- Information about the presence of registered buildings on the land plot (in the extract on the land plot).
Thus, having received this paper, you can find out the information necessary for the safe purchase and sale of an apartment and the conclusion of other real estate transactions. The document contains enough information to satisfy the interest of an ordinary person or to certify ownership of an object, but when concluding large real estate transactions, it is better to also order an extended extract.
Official document form
Since 2011, an extract from the Unified State Register can be provided in the form of an electronic document. The innovation was introduced so that busy citizens could receive an extract to their email without wasting time in queues at government agencies. Find out where and how to get an extract from the Unified State Register online from the article https://realtyinfo.
online/4005-kak-poluchit-vypisku-iz-egrp-onlain. An extract from the Unified State Register can be obtained as a link to available data about the object or as an official document.
The online form of the document contains all the necessary information, but to demonstrate the document to third parties, it is better to order an extract in paper form, which is an official document.
Having an official form of business paper will be appropriate when selling an apartment, for providing documents to the court when protecting your rights, for entering into inheritance rights and in many other cases.
The extract is the official confirmation of ownership of the property, so receiving an official document will be appropriate for every property owner. You can see an example of what an extract from the Unified State Register looks like in a paper copy in the image below.
This photo of an extract from the Unified State Register is not a single sample and may differ slightly depending on the form of the document.
The document is a standard A4 sheet, which contains all publicly available information about the property and the owner of the property. The date of receipt of the document, information about the registrar and recipient of the document will also be indicated. The official document must be secured with a wet seal and the registrar’s handwritten signature.
Information about real estate in Rosreestr may constantly change or remain unchanged for a long time, depending on the activity of real estate transactions. Before selling or buying real estate, as well as participating in legal disputes, it is recommended to obtain as recent a copy of the document as possible.
An extended extract from the Unified State Register or an extract on the transfer of rights is often needed when concluding a purchase and sale transaction for an object or when there are claims from third parties to real estate.
The document additionally contains information about all former and current property rights holders, indicates how the process of privatization of real estate took place, and also indicates the dates of change of owners and the numbers of records of the transfer of rights.
The document allows you to see whether third parties may have legal grounds for claiming the right of residence or ownership of the property.
Please note: if there is a need to check a property, for example, to provide an extract to a potential buyer upon sale, then an extract is required not “older” than 2 weeks, but in some cases even 2-3 days. Banks and notaries will not accept a document received more than a month before the date of presentation.
The information available in the extract from the Unified State Register reflects the actual data entered into the Rosreestr. Any person who wishes can obtain such a document for each property of interest in the Russian Federation, the data of which is entered into the Rosreestr.
Business paper can have an informational and official appearance. The information extract contains all publicly available information about the property, and the official form of the document will necessarily be secured with a wet seal and the signature of the registrar.
The more recent the date of receipt of the document, the greater the chance that the information contained in it is relevant.
The following list of laws can serve as an auxiliary basis for clarifying the legal subtleties in the issue of obtaining a certificate of legal capacity:
Article 29. Recognition of a citizen as incapacitated by the Civil Code of the Russian Federation:
- The interrelated provisions of paragraphs 1 and 2 of Article 29, paragraph 2 of Article 31 and Article 32 of the Civil Code of the Russian Federation by Resolution of the Constitutional Court of the Russian Federation dated June 27, 2012 N 15-P (aimed at protecting the rights and legitimate interests of citizens who, due to a mental disorder, cannot understand the meaning of their actions or manage them, as well as to ensure the rights and freedoms of other persons and the protection of other constitutionally significant values that do not comply with the Constitution of the Russian Federation)
- Art. 29, paragraph 3, art. 30 of the Civil Code of the Russian Federation. In accordance with the provisions of Chapter 31 of the Civil Procedure Code, the court, when preparing a case for consideration, resolves the issue of ordering a forensic psychiatric examination.
Article 30. Limitation of the legal capacity of a citizen of the Civil Code of the Russian Federation:
- A citizen who, due to addiction to gambling, alcohol or drug abuse, puts his family in a difficult financial situation, may be limited by the court in legal capacity in the manner established by civil procedural legislation, and guardianship is established.
- The trustee receives and spends the earnings, pension and other income of a citizen whose legal capacity is limited by the court, in the interests of the ward in the manner prescribed by Article 37 of the Civil Code of the Russian Federation.
- A citizen over whom guardianship is established makes transactions, with the exception of transactions provided for in subparagraphs 1 and 4 of paragraph 2 of Article 26 of the Civil Code of the Russian Federation, with the written consent of the trustee.
- Such a citizen has the right to carry out transactions provided for by subparagraphs 1 and 4 of paragraph 2 of Article 26 of the Civil Code of the Russian Federation independently.
- A citizen may dispose of alimony, social pension, compensation for harm to health and in connection with the death of a breadwinner and other payments provided for his maintenance with the written consent of the trustee, with the exception of payments that are specified in subparagraph 1 of paragraph 2 of Article 26 of the Civil Code of the Russian Federation and by which he has the right to make his own decisions.
- If there are sufficient grounds, the court, at the request of the trustee or the guardianship and trusteeship body, may limit or deprive such a citizen of the right to independently dispose of his income specified in subparagraph 1 of paragraph 2 of Article 26 of the Civil Code of the Russian Federation.
- A citizen whose legal capacity is limited due to a mental disorder shall independently bear property liability for transactions made by him in accordance with this article. For the harm caused by him, such a citizen is liable in accordance with this Code.
- Clause 3: If the grounds on which the citizen was limited in legal capacity no longer exist, the court cancels the restriction of his legal capacity. Based on a court decision, the guardianship established over the citizen is cancelled. If the mental state of a citizen who, due to a mental disorder, was limited in legal capacity in accordance with paragraph 2 of this article, changes, the court recognizes him as incompetent in accordance with Article 29 of the Civil Code of the Russian Federation or cancels the restriction of his legal capacity. Legal capacity does not affect the very possibility of being an heir, but it is important when resolving issues related to inheritance (paragraph 3, paragraph 1, article 1153 of the Civil Code of the Russian Federation, paragraph 4, article 1157 of the Civil Code of the Russian Federation). To accept an inheritance, the guardian does not require a power of attorney (paragraph 3, clause 1, article 1153 of the Civil Code of the Russian Federation, article 32 of the Civil Code of the Russian Federation).
Decree of November 19, 2016 N 1221 On amendments to the Government of the Russian Federation Decree of November 17, 2010 N 927 “On certain issues of guardianship and trusteeship in relation to adult incompetent or partially incompetent citizens” on the Act on the inspection of the living conditions of a close relative.
When concluding any transaction, be it the sale or exchange of an apartment, a transaction aimed at obtaining benefits free of charge, the parties must be legally capable persons. This means that a person must understand his actions and be aware of their consequences.
In some cases, when concluding a transaction, a notary may require a certificate of legal capacity of the party to the transaction. Such a certificate can serve as evidence that the person who participated in the transaction at the time of its preparation was a sane, capable person.
What does an extract from the Unified State Register look like: how to obtain it
An extract from the Unified State Register is a document that contains data from a unified register that records information about each registered object on the territory of Russia. What does an extract from the Unified State Register look like and in what ways can you obtain it? Read on.
Until 2020, this document was called “Extract from the Unified State Register”, later it was renamed “Extract from the Unified State Register”
Information content of the extract from the Unified State Register of Real Estate
The Unified State Register of Rights to Real Estate is a comprehensive data warehouse that displays information about all real estate located in the Russian Federation. Information is updated every 5-7 days. Due to legal regulations, most of the data is provided for public use.
An extract from the Unified State Register includes the following information:
- about the property, including passport and intended purpose;
- about the owner of the object.
In most situations, a document is ordered to receive:
- up-to-date information from the Unified State Register of Real Estate about the status of the object, owners and possible restrictions on the transfer of collateral;
- official certificate for submission to the appropriate authorities.
Due to the fact that almost all information from the register is available, any entity has the right to apply for an extract for both personal property and real estate owned by third parties. The main purpose of the certificate is to confirm data about the property in order to eliminate the possibility of fraud when registering transactions.
This type of document is most in demand when filing a statement of claim and when concluding real estate transactions.
The validity period of the document is not specified by law. In practice, realtors request an extract from 3 to 7 days ago.
Sample form of extract from USRN
Ways to obtain an extract from the Unified State Register of Real Estate
Depending on the purpose and the body to which it will be provided, there are 2 types of certificate execution:
- Electronic version: for informational purposes.
- Paper version with wet stamp: for submission to official authorities.
When submitting an application for an extract, you need to take into account the fact that the provision of some information, from the point of view of legislation, is possible only for representatives of government bodies.
You can apply for an extract in the following ways:
- through a proxy;
- by filling out an online application.
It is also possible to send the certificate by mail.
The most effective way to receive an extract is to use online ordering
Features of online design
Since 2009, government agencies have been involved in a program to automate and digitize the services provided. This initiative was conceived with the aim of streamlining the procedure for obtaining official documents. You have the opportunity to submit an online application:
The electronic version of the certificate is sent by email in the form of a link to a file that confirms ownership and includes a comprehensive description of the property. The printed document is equivalent to the original with a wet seal, with the exception of judicial authorities.
Sample online request
Electronic versions of statements are provided in the following formats:
The doors of the MFC are open to supporters of traditional ways of obtaining information.
Rules for creating a Single Account
To enjoy the benefits of ordering a certificate online, you must register for a Single Account. To do this you need:
- go through the registration procedure on the Unified Portal of State Services of the Russian Federation;
- enter contact and identification information, if necessary, data from additional documents, such as SNILS, for example;
- verify your mobile phone number.
You also need to confirm your identity and passport data at the MFC, a branch of the Russian Post or at any branch of Sberbank.
Cost of extract
The cost of the certificate depends on the legal status of the subject and the form in which the information is provided.
Since the beginning of 2020, the rules for issuing extracts have been adjusted and the amount of state duty has been revised:
- The issuance period has been reduced from 10 to 3 days.
- Validity period: 1 month or until changes are made to the register.
Table 1. State duty amounts (in rubles, paper/electronic version)
Subject categoryIndividual Legal entity
|On recognition of incapacity
|On agreements for participation in shared construction
|About registered rights to real estate
The cost of services from private companies is slightly higher than the official cost of an extract, but is better in terms of service level
Most commercial firms provide services through their own web resource, which requires filling out an application online.
Types of disability
There are several types of human disability. This:
- incapacity due to age. For example, children under 6 years of age. They cannot yet be responsible for their actions, because they do not have the necessary knowledge and life experience. Therefore, all operations are performed for them by their adult relative. Another example is the incapacity of an elderly person. Age-related changes in old age can significantly limit the perception of reality. Therefore, an adult representative is again needed.
- Incapacity due to mental illness. Confirmation by a medical diagnosis is required. The court will be able to recognize a person as such only based on a medical report. For example, dementia is common.
- Partial incapacity. A person is able to perceive reality, but sometimes in a distorted state. The reaction to such reality may not always be adequate.
Important! How to recognize a person as incompetent if he can no longer independently be responsible for his actions and actions? The court does this, but only in relation to adults. Children are recognized as such “automatically” until they reach 18 years of age.
Where do you get an extract from the Unified State Register for an apartment?
- About the rights of the owner . Information about the property at the time of the request.
- On the transfer of property rights . All property owners (former and current) are indicated. Provided to those persons who have the right to receive such information. For example, the owner, government agency, heir.
- About title documents for real estate, their content and nature.
- About those who requested information about the object . Such an extract can be obtained either by the owner himself or his representative.
- Certificate of incapacity or limitation thereof . Only a court can recognize a person as incompetent; accordingly, information about this circumstance is entered into the Register on the basis of a court decision. Such an extract is issued only on the basis of documented legal claims.
- Extended statement.
In its current version, the law contains a definition of concepts related to real estate, the definition of ownership of real estate, the procedure for registering this right, maintaining the Unified State Register, generating documents and issuing them at the request of citizens and organizations.
How to register the incapacity of an elderly person
Elderly people cannot always independently and realistically perceive reality. To prevent them from committing irreversible acts, it is necessary to take care of this in advance and arrange guardianship. An elderly person is recognized as incompetent for guardianship in a court of law at the request of the applicant.
Who can apply
The procedure must be initiated by application. The following may apply for guardianship of an elderly person due to his or her incapacity:
- closest relative - spouse, adult children, grandchildren, parents, if they are capable;
- other relatives who provide actual care for the old man;
- representatives of guardianship and trusteeship authorities;
- medical workers if the elderly person is in a specialized institution.
The procedure is strictly regulated by law. You cannot retreat from it.
It can only be written. Oral appeals from citizens declaring a person incapable of responsibility for their actions are not accepted. The application form is unified. When filling it out, you must provide the following information:
- full name of the justice body of district jurisdiction;
- information about the applicant – full name, passport details, place of residence or location;
- similar information about an elderly person;
- a complete and detailed list of circumstances that led to the person’s ability to make independent decisions being limited;
- a request to the court to fully or partially declare a person incompetent;
- a list of documents that confirm the facts stated in the application.
The completed form is signed by the applicant and the date of its execution is indicated. To correctly complete an application, you must have a clear example before your eyes:
The application cannot be unfounded. The applicant must prepare a set of documents that will confirm the facts that are described in detail in the “body”. Therefore you need to collect:
- copies of the identity cards of the applicant and the person whose data is presented in the application as declared incompetent;
- documents confirming the right to initiate the procedure. If a relative applies, then documents confirming family ties. If a representative of the guardianship authorities, then an appropriate certificate. If a medical worker, then a document on vested powers;
- If the reason for the application is a mental or mental illness, then appropriate medical certificates and conclusions are needed.
Conducting a forensic psychiatric examination is a mandatory condition for declaring a citizen incompetent. The court will appoint her, even if all the necessary medical documents have already been prepared. It will be carried out in a specialized institution on a first-come, first-served basis. Depending on the severity of the disease, you can undergo it:
- in hospital;
- during the trial.
If the court, having studied the case materials, decides that there is no need for an examination at all or the applicant has not provided sufficient grounds for its appointment, the claim will be rejected.
Important! All documents must be “fresh”. The court will not take into account the conclusion of doctors, for example, a year ago. Therefore, the gap between the issuance of specialized papers and the filing of a claim should be minimal.
The procedure for declaring incapacity
A person can be declared incompetent according to the established procedure. Deviating from it will result in the application being rejected. Therefore, the following steps must be taken:
- Preparation of necessary documents.
- After this, you need to immediately write a statement to the court. Before filing, you must pay a state fee. Payment details along with a receipt can be obtained from the secretariat of the justice authority.
- Formation of a set of documents and submission of them to the court of regional subordination at the place of residence of the elderly person. If he is undergoing treatment at a psychoneurological dispensary, then at the location of this institution.
- Review of documents by the court on the merits, referral of a person for a psychiatric examination. If the elderly person refuses to undergo it, the claim will be rejected and not considered.
- Having received the expert opinion, the court will once again review and study all the documents. Based on them, he will make a decision on the person’s complete or partial incapacity.
If the decision is in favor of the applicant, then within 3 days it will be transferred to the guardianship and trusteeship authorities at the place of residence or location of the elderly person. Within 30 days after receiving the judicial act, the authorized bodies will appoint a guardian for him.
Important! Referring an elderly person for an examination of his mental state is an important and integral part of declaring him incompetent. In the modern world, there are many fraudulent schemes that allow healthy but elderly people to be deprived of their property. Therefore, without a medical opinion from an accredited expert bureau, the court will not make a decision.
Only a guardian appointed by the relevant decision of the authorized body has the right to make transactions on behalf of the incapacitated person and represent his interests. He can carry out operations to dispose of the property of the ward only with the consent of the guardianship authorities. Before doing so, they must check the validity of such actions. If it is obvious that the interests of the ward citizen are being violated, then consent will not be given.
Alienation of the right to property of an elderly person occurs in a special manner. The transaction can be registered with Rosreestr only after representatives of the guardianship authorities give an expert opinion. Without it, the deal can be challenged in court.
The guardian must report to the authorized body about all operations, including the management of the elderly person’s personal finances.