Features of buying an apartment received by inheritance, pitfalls

The current state of the real estate market shows that buying an apartment by inheritance is fraught with risks for the future owner. Attackers use various schemes, the result of which is the loss of not only housing, but also the money spent for it.

Several persons may be involved in a fraudulent combination through collusion. Therefore, the upcoming transaction must be carefully prepared. The property is checked for encumbrances and accessories. An extract from the Unified State Register and a certificate from the housing office about persons registered in the living space must be pre-ordered.

This material will give an idea of ​​the main techniques at the disposal of scammers. It is the formalized inheritance that has additional nuances. At the very end there are a number of recommendations that will help you avoid becoming a victim of apartment fraud.

Is it worth it or not to purchase inherited property?

The buyer makes a decision on real estate independently, depending on the characteristics and cost of the apartment. There are also risks that should not be forgotten.

First of all, you need to make sure that a certificate of inheritance has been issued for the apartment and new rights to it have been registered through Rosreestr. By the way, when there are several heirs, the question arises of acquiring only a share in the apartment. Not everyone decides to take such a step.

When the living space being sold was the subject of an inheritance under a will, it cannot be guaranteed that it will not be revoked. With this option, a real estate transaction is likely to be subsequently invalidated.

Therefore, inherited apartments have a special status on the secondary market. And in order to protect yourself, it is advisable to take precautions. Then scenarios for further developments of events are predicted.

Principles of inheritance, risks of purchase

Housing, regardless of its value, is often the subject of dispute among heirs. Often they are unable to find a common language among themselves, which leads to lengthy legal proceedings.

In most cases, inherited property or part of it is distributed among relatives in equal shares. Accordingly, several sellers are involved in the transaction. And when someone refuses to sign an apartment purchase and sale agreement, the buyer faces additional difficulties.

In addition, there is a risk of new claimants suddenly appearing, claiming their own rights to the property. After all, Art. 1115 of the Civil Code of the Russian Federation makes it possible, under certain conditions, to renew the time for going through the procedure for accepting an inheritance.

To protect yourself from negative consequences, you need to know on what legal principles housing is inherited, and other features of this procedure.

In the absence of a will, property is transferred to people close to the deceased. Depending on the degree of relationship Ch. 63 of the Civil Code of the Russian Federation divides them into eight stages. The heirs of the first degree have priority rights: spouse, children, and parents.

When all first-line representatives are present on the inheritance certificate, there is no reason to worry, and the transaction will go through quickly and successfully. However, there is such a detail.

Sometimes not all the children of the testator are indicated in the document from the notary. A copy of the passport of a deceased person will provide little information, since parents have the right not to include information about their children in it. Therefore, it is not possible to reliably check whether the testator has any more children - this is the main risk.

When property is inherited by persons from the second and subsequent lines of successors, you need to be prepared for the fact that it is unrealistic to identify relatives who are not indicated in the certificate and have the right to the property. Accordingly, the risks when purchasing such an apartment increase noticeably.

And this also conceals one of the risks for buyers. The written will of the deceased takes precedence over legal inheritance. And it must be certified by a notary, who acts as a kind of guarantor of the legitimacy of the transaction.

There are situations when the deceased made a will while in an inadequate state due to mental problems, which is visually difficult to determine.

In this case, the relatives of the deceased go to court with a claim to declare the will invalid and often seek the cancellation of property transactions.

Accordingly, inheritance occurs according to law and the plaintiff’s right of ownership of the disputed object is recognized, about which the court makes a decision.

Additional important details:

1. Mandatory heirs (dependents, disabled children and parents) may not be indicated in the text of the will. Meanwhile, they will receive at least 50% of the part of the property due to them by law.
2. Several versions of the document were drawn up, and the last one became known later and it indicated a different list of receivers for the property.
3. The will was hidden by the deceased, and the notary learned about the death of the testator years later (especially if he was in another city or village). The relatives of the deceased were not aware of its presence and everything was inherited by law from the very beginning.

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Considering the above, it is necessary to carefully check the documents for the apartment. It will also be useful to contact the notary chamber of the region. It contains information about the deceased's previous wills, if any.

But even here there are possible dangers. After all, a will can be drawn up outside the country. In addition, in some situations it is not certified by a notary. Therefore, the will of the deceased becomes “unexpectedly” known after a long time.

Those in the highest risk group are those whose inheritance period is less than 3 years.

What the buyer can expect:

• The appearance of heirs who missed the six-month deadline and declared their rights.
• There may be claims from persons who have missed the established deadlines and who have mandatory rights to a share of the inheritance.
• The testator could give instructions regarding the persons who have the right to live in the apartment, and the sellers may remain silent about this fact.
• There is a risk that the seller will be recognized as an unworthy heir after the sale of the property.
• The inheritance was formalized without allocating the spousal share.
• A will is invalid for various reasons.

After 3 years from the date of inheritance, the risks are significantly reduced. The statute of limitations applicable to inheritance cases is exactly 3 years. The deadline for challenging the ownership of an inherited apartment is 10 years from the death of the testator. But, according to judicial practice, after 3 years, claims from third parties are sharply reduced.

Real estate inherited by the seller under a will has its own risks. Many buyers believe that with a will, the risks are lower than with inheritance by law.

Risks of acquiring property under a will:

• The will can be challenged by existing heirs at law.
• The presence of a testamentary refusal, according to which a certain person is given the right to reside in the apartment, which is retained even if the ownership right has been transferred to another person (buyer).
• There are heirs of the obligatory share who can claim it even if there is a will.
• Recognition of the heir as unworthy.

Purchasing an apartment that was inherited entails some risks. This is usually due to the fact that the heir has not yet entered into the inheritance or when controversial situations arise. There are the following groups of unexpected moments that differ in the principle of real estate transfer:

1. Obtaining legal rights to real estate without a will within three years.
2. Obtaining legal rights to real estate without a will for more than three years.
3. Receipt of real estate according to a will.

Many lawyers believe that purchasing inherited real estate that has been owned by the seller for less than three years is the most risky. The reasons for this are the established limitation periods, the receipt of inheritance rights, as well as the receipt of a refusal of a will. The court most often hears claims during the initial two years of ownership of the deceased's property on behalf of the person who will inherit. Late problem solving is justified by the following nuances:

• updating lost documentation from other claimants;
• pending court cases regarding the distribution of parts of property;
• lack of awareness of the heirs about the death of the testator.

An important reason for late entry into inheritance can be called situations that block the submission of documents by candidates for property ownership:

• long-term treatment in a medical institution;
• residence or departure to another country;
• serving a sentence in prison;
• Military service.

The general risks when purchasing a recently inherited apartment are as follows:

• applicants for the first-priority inheritance have submitted documents to the relevant organization to receive their share of the property;
• dishonest sellers did not notify the buyer about the encumbrances present on the real estate (for example, a mortgage issued by the testator, which the successor will be obliged to pay);
• the citizen who received the inheritance was declared unfit to own property according to statements of certain persons;
• the spouse has identified a claim to receive his/her portion under the law.

When drawing up a will, the testator allows only a certain circle of people to claim his property, thereby maximally eliminating the emergence of controversial issues. The formation of conflicts is very rare. Their reasons are the inaccurate division of housing between the heirs or the omitted mention in the will of citizens who are heirs of the first priority. Such situations can arise at any time, and therefore there are specific risks when purchasing an apartment inherited by will:

1. Contesting a will by relatives. Each participant in the first stage of heirs has the right to file a claim to declare the transaction on the division of inheritance invalid. You can challenge a will if the following factors occur:

• incapacity of the heir;
• the will was made while drunk or in a state of shock;
• the testator was subject to pressure from other persons.

1. Presence of testamentary refusals. The sale of an apartment does not exclude the occurrence of testamentary refusals. A seller with selfish intentions may conceal the occurrence of any burdensome factors.
2. The existence of other applicants for the property. Heirs of the first stage, as well as persons under the care of the deceased testator (disabled people, pensioners), have the right to claim part of the property after the sale of the apartment, regardless of the signed will.
3. The recipient of the inheritance is recognized as an unworthy owner of the home. Based on the evidence presented, a decision is made in court.

The risky situation is significantly reduced if you purchase an inherited apartment that has been owned for more than 3 years. The appearance of persons laying claim to the buyer's property is excluded as much as possible, since the statute of limitations has expired. In rare cases, the death of the initiator of the will is concealed.

Risks when buying an apartment received as an inheritance

The law states that inheritance of property occurs within two mechanisms: by law or by will. The set of precautions for the buyer largely depends on the conditions under which the property was acquired.

The risks are mainly caused by the emergence of new heirs, errors in documents, and various tricks invented by scammers. Here is a brief description of possible problematic issues.

The heir received the property by law

There are potentially several situations that deserve close attention. Let’s say that not all the heirs of one line immediately turned to the notary to take over their rights. In this case, only one of the citizens is the seller. In this case, it is necessary to identify other relatives for backup.

There are also heirs who receive the property of the deceased by right of representation. They are also legally entitled to claim ownership of the apartment being sold.

The problem is that even a notary does not always have an idea of ​​the composition of the deceased person’s immediate circle. Requests sent to him to the archives, passport offices, and registry offices have no effect.

The apartment was inherited by will

The situation with the invalidity of the written will of the testator has already been described above. There are other warnings that make an apartment buyer be wary.

Thus, one should not forget about the right to an obligatory share in the inheritance. It is vested in the disabled immediate relatives of the testator and his dependents.

Such persons are entitled to a portion of the property regardless of whether they are mentioned in the will. In case of fraud, the legal receivers claim their rights to the disputed real estate with a significant delay.

The terms of the expression of will may provide for a testamentary refusal. For example, the heir must provide accommodation in the apartment for the persons designated in the will. When selling it, this condition remains the same.

Finally, such a situation is also possible. The testator made a will, but for the time being no one knows. After death, property is distributed according to the law, but then a successor appears and claims his rights. Such an entity can easily seize the apartment from the buyer.

Before completing the transaction, you need to establish all the details of the inheritance. A form of protection against a possible claim will be a certificate of intestacy. It can be officially issued by the notary who oversaw the inheritance matter.

Risks for the buyer

Purchasing a home that the seller inherited entails certain risks for the buyer. This is due to the presence of other claimants to the property, as well as the peculiarities of the conditions of the executed will.

The appearance of other heirs

The appearance of other applicants for an apartment is quite common in practice. After the parties have made the final settlement, later, even a year later, it may turn out that there are other legal successors to the deceased owner. This situation may be due to the fact that during the transaction process all available documents were not studied well enough, and all the necessary information was not requested.

There are often cases when the seller deliberately misleads both the buyer and other applicants for the property. Sometimes the rights of other recipients are simply not taken into account when completing a transaction. Such situations create a risk that the contract will be canceled. In such situations, as a rule, problems arise with the return of funds and the person has to resolve the issue in court.

Presence of a testamentary refusal

Having a will also cause problems for the home buyer.

Such an expression of will provides for the presence of separate obligations that are assigned to the heir. They are expressed in the need to perform certain actions in favor of other persons. In relation to an apartment, this is most often the right of residence.

That is, the buyer, not knowing about the existence of a testamentary refusal, will be forced to use the premises together with another person. The reasons for this situation are the buyer’s inattention when concluding the contract, as well as intentional actions on the part of the seller.

Possible fraudulent schemes and tricks of swindlers

Techniques of deception and manipulation are periodically improved by scammers. There are those that have already existed for many years and are described in the press and on television. Unfortunately, there are still gullible citizens who are not difficult to deceive.

Here are just a few illustrations showing how businessmen operate in the real estate market. It can be difficult to resist their onslaught, but there are effective methods of protection.

Secret lodger

When concluding a deal to sell an apartment, adventurers do not indicate in the contract information about those persons who have the right to live in the living space. As a result, the buyer of real estate previously inherited experiences additional difficulties.

First of all, problems arise with eviction, deregistration of an unwanted citizen. In addition, the burden of utility bills increases slightly.

There is one simple method of dealing with the scheme in question. Before signing the contract, you need to take a certificate from the Housing Office or the management company about the composition of persons registered in the apartment. An extract from the house register will also work.

Transaction by proxy

A common technique is the alienation of residential real estate not by the owner, but by his representative. He acts on the basis of a power of attorney. And here you need to pay attention to several important details.

Since the subject of the agreement is an apartment, the power of attorney must be notarized. In this case, be sure to see the original document with your own eyes. After all, attackers can make a copy so that it resembles the original issued by a notary.

Next, attention is drawn to the list of powers in detail. And this is the main point. When the rights of a representative have not been fully stipulated, such consequences are likely.

According to Art. 183 of the Civil Code of the Russian Federation, responsibility for completing a transaction without authority or in excess of it rests with the representative. In a fraudulent scheme, he divides the money he receives with the owner of the apartment and disappears. As a result, it is extremely difficult for a deceived buyer to restore justice.

Suddenly out of nowhere

Unscrupulous heirs included in the same queue can abuse their rights. Here's a typical example.

Two citizens, for example, children from different marriages, entered into an agreement with each other. One of them inherited an apartment and sold it. Another heir later went to court to restore the deadlines for taking over his rights.

As a result, the court declares the sale and purchase transaction invalid. The heirs divide the money in half, spend it quickly, and it is difficult to return it, knowing the work of the bailiffs.

Black realtors

According to the law, you can bequeath your property to any person, not necessarily one of the relatives of the property owner. Attackers often take advantage of this. The meaning of their actions is extremely simple.

First, they force you to draw up a will for the apartment in their favor. The promise of monetary reward or lifelong maintenance is used as persuasion. Mainly at risk are older people and citizens who abuse alcohol or drugs.

Criminals help hasten the death of the testator. Moreover, they act in such a way that signs of violence - alcohol, drugs - are outwardly imperceptible.

Then everything is predictable. The apartment inherited by the scammers is being sold, but other heirs of the deceased are calling the will into question. As a result, the real estate alienation transaction is declared invalid. Here it is also unlikely that the victim will receive his money back from the scammers.

What should a buyer of an inherited home pay special attention to?

In both cases, when purchasing inherited living space, there is a danger of later encountering claims from relatives of the deceased testator. This happens in cases where their rights are violated as a result of inheritance. In some cases, sophisticated scammers may even go so far as to forge a will.

ATTENTION !!! The sale of housing can be carried out under a general power of attorney. In all these situations, you should contact a notary and a lawyer; they will help you figure out whether the documents are reliable or not. Although turning to these specialists will require some additional costs, you will be protected from large financial losses in the future.

Some insurance organizations offer the opportunity to insure the transaction for the purchase of an inherited apartment from possible consequences, that is, in the event of unexpected heirs, the costs fall on the insurers.

Since there are cases of fraudulent actions on the part of sellers of apartments inherited, the buyer should pay attention to the following points:

1. Be sure to find out from the management company, housing department or neighbors the composition of the seller’s family. Who was registered in this apartment and what kind of relationship they had with the seller or the testator, it is also necessary to order an archival extract from the house register.
2. If the seller received the apartment under a will, read the text of that will. After all, there is a possibility that, in accordance with Article 1137 of the Civil Code of the Russian Federation, it contains a testamentary refusal. This means that the testator could oblige the heir to grant a lifelong right to use the housing to any person. However, a change of owner of the property does not affect this right.

Example: Gennady Petrovich, who was in a civil marriage with Marina Vasilievna, died. According to his will, he left the apartment to his only son, but included in it the condition that Marina Vasilyevna has the right to live in the apartment alone and use it until her death. According to the terms of the testamentary refusal, it was prohibited for other persons to move into the apartment until Marina Vasilievna’s death.

However, in practice, many sellers do not inform buyers about the bequest, and after purchasing an apartment this becomes a very unpleasant surprise.

When the courts are on the buyer's side

It is not surprising that if an apartment acquired by inheritance is sold, other original claimants to the property have a desire to return the property to their own benefit. Therefore, there are various tricks, legal and not so.

Meanwhile, courts often side with buyers who have properly fulfilled their obligations under the contract. There are clarifications on this matter from the Supreme Court of the Russian Federation.

Bona fide purchasers, who are they?

The provisions of the Civil Code of the Russian Federation concerning property rights contain the term “bona fide buyer”. According to Art. 302 property can be demanded from such an individual or legal entity in the case where it was initially known that the seller did not have the right to alienate it or the property was removed from the owner’s disposal against his will.

Plenums of the Supreme Court and the Supreme Arbitration Court of the Russian Federation in paragraph 38 of the joint Resolution No. 10/22 of April 29, 2010 on

In relation to real estate, data from the Unified State Register of Real Estate plays a key role. When the court finds that the seller did not have the authority to alienate the apartment or that it is the subject of a legal dispute, the second party does not receive the status of a bona fide purchaser.

If a new heir appears

This is the situation we are talking about. Suppose a citizen missed the deadline for contacting a notary, but the court restored the time for him to enter into his rights.

At this point, the apartment that is the subject of inheritance has already been sold. The Supreme Court of the Russian Federation suggested what to do in such a situation. Paragraph 42 of the Plenum Resolution No. 9 of May 29, 2012 No. 12 states that a late heir has the right to count only on monetary compensation.

It is determined based on market prices in effect at the time of opening of the inheritance. In this case, it is not the buyer who pays the money, but the seller of the apartment.

Buying an inherited apartment

Real estate transferred to the heirs can be the object of any transaction, along with other property.

If you are planning to buy an apartment by inheritance, you will need to study the entire list of documents that the seller has in hand, and also request additional information, if necessary. The rest of the procedure is standard. The owner and buyer submit the necessary documents, their accuracy is checked, the relevant agreement is signed, and the new owner’s ownership is registered.

What measures should buyers take?

It is difficult to identify universal tips that will help you avoid troubles. After all, everything depends on the specific situation and the agreed terms of the upcoming transaction.

However, some points are still worth paying attention to. If you do this, you can be more secure against deception by criminals.

Completion of a transaction taking into account a ten-year period

The longer the apartment is at the disposal of the heir, the less likely it is that the sale agreement will be challenged. Ideally, the home should be owned by the seller for 10 years or more.

This is due to the fact that, according to Art. 196 of the Civil Code of the Russian Federation, the general limitation period is three years. However, in any case, the appeal to the court must take place no later than 10 years from the moment the person learned of the violation of rights.

In practice, there have been cases when another heir did not challenge the transaction for the sale of an apartment for 6-7 years. For example, a citizen was serving a sentence in prison.

Analysis of object cleanliness: studying documents

Of course, it is necessary to thoroughly study the available information on the apartment. First of all, the certificate of inheritance is checked. Attention is paid to the circle of people indicated in it.

Next, the object of verification will be an extract from the Unified State Register. It shows not only the current owner, but also the presence of liens or liens on the property. Their existence will significantly complicate the conclusion of an agreement.

It is advisable to study the cadastral and technical passports for the apartment. It is quite possible that the heir made a redevelopment that was not reflected in the documents.

Only real price

It is recommended to select a real estate option with an objective market value. The reduced price becomes one of the reasons to question the completed transaction in court.

To find out the state of affairs on the market, turn to realtors. In a number of situations, a written opinion from specialists on the real price of the apartment will be useful. It is acceptable to use as evidence in court.

Some sellers insist that the contract indicate the undervalued value of the property. This is done to reduce personal income tax on sales. It is advisable to avoid such schemes.

Indeed, if the sale and purchase transaction is possibly declared invalid, the new owner of the property will receive exactly the amount specified in the contract as restitution. There is a clear loss.

List of documents

Registration of a transaction for the purchase and sale of an apartment is impossible without the presence of certain documents. Taking into account the specifics of the status of inherited housing, in addition to the basic information, additional information will be required. However, most of them are provided by the seller.

This list includes the following documents:

1. Passports of the parties to the transaction.
2. Certificate of inheritance rights to the apartment being sold. It is provided by the owner.
3. Certificate or extract from the EPPN on state registration of the right to an apartment. These documents can be obtained from Rosreestr.
4. Cadastral passport for the apartment.
5. An extract from the Unified State Register, which confirms the absence of arrest, bail and other restrictions on the apartment.

Despite the fact that certified copies of documents may be attached to the agreement, it would be correct for the parties to submit the originals for verification.

About statute of limitations

There is another potential problem for the apartment buyer. And it is still connected with the same statute of limitations.

The standard three years prescribed by law are counted from the moment when the remaining heirs became aware of the infringement of their rights.

This can happen many years after the death of the testator due to objective circumstances.

Some of the valid reasons:

• living in another country;
• serving a sentence in prison;
• lack of contact with close relatives due to moving to another city or country;
• confirmation of the fact of family relations in court years later.

In a claim to restore the deadline for accepting an inheritance, all factors are described in detail with reference to the evidence presented. The court evaluates them when making a final decision.

Even if the statute of limitations has expired, the judge is still obliged to accept the case for consideration. And when the second party does not indicate that time has passed, the case will be considered on the merits of the requirements put forward.

Is it even worth purchasing living space from a citizen-heir?

Recently, fraudulent transactions have become more frequent in the real estate industry.
A common deception among sellers is the forgery of a will. To refute or confirm the authenticity of a document, you must contact a legal specialist. There are also so-called “black realtors” in the real estate market. Most often, they force an elderly person to draw up a will in their name, after which they liquidate the testator. To avoid getting into a similar situation, you need to approach the process of purchasing property that was inherited with caution.

The most common fraudulent scheme is the resale of the same home. Fraudsters rely on the fact that people will always want to save money, as well as the lack of necessary legal knowledge.

According to “black realtors”, numerous sales of property to the last buyer will be “favorable”. It will be almost impossible to seize his apartment. But actually it is not.

It is recommended to submit a request to the BTI and obtain the necessary documentation for the property. In this case, you will have all the information about the apartment and make sure that it is being purchased from the owner.

The purchase and sale agreement must be read very carefully and not in a hurry when studying it. The agreement must include all information about the property. The help of a specialist in solving the current problem, who will provide guidance throughout the entire process, is considered useful.

How to transfer funds to the seller:

1. After signing the agreement, before state registration of the property, you pay in cash.
2. Upon registration of the apartment, you pay in cash.
3. You pay using a safe deposit box.

Before providing funds you must:

1. Make sure by looking in the house register whether there are any registered persons in the apartment whose eviction is impossible without the approval of the relevant government authorities.
2. Check to see if there are any residents who have the right of lifelong residence in the specified territory.
3. Inquire about the availability of notarized approval of the purchase and sale transaction from the spouse of the seller of the apartment.

Considering the above legislation, the buyer of inherited housing may be wary of the following threats:

1. If heirs appear after purchasing an apartment, the completed purchase and sale transaction can be challenged in court. Subjects who, for good reason, were unable to inherit housing for 6 (six) months, have the right to restore the period for entering into the relevant rights through the court.
2. If, during the inheritance of living space, the rights of certain subjects to an obligatory share were violated, these persons can also go to court to protect their legitimate interests.
3. The seller of the apartment acted in bad faith, hiding from the buyer the existence of a testamentary refusal executed in favor of a specific person who has the right to reside on the territory of this premises.
4. In court, the seller of inherited living space may be recognized as an unworthy legal successor (heir). This can happen after the purchase and sale of housing.
5. When the inheritance procedure was carried out, the right of the wife/husband of the deceased testator to the marital share, provided for in Article 1150 of the Civil Code, was violated.
6. A will drawn up by a citizen-testator, or individual orders included in this will, may be declared invalid on the grounds provided for in Article 1131 of the Civil Code.

The general statute of limitations during which interested parties have the right to challenge inheritance through the courts is established by the provisions of Article 196 of the Civil Code:

• standard period is 3 (three) years. The countdown of this period begins from the moment the fact of violation of the right is established (clause 1 of Article 200 of the Civil Code);
• the maximum permissible period is 10 (ten) years. It is counted from the moment of violation of the relevant right.

The risks of the buyer of inherited real estate are determined by the running of the three-year limitation period. Thus, the pitfalls when buying an apartment from an heir can be divided into threats that are relevant to the purchaser before the expiration of the statute of limitations, and dangers that exist after the end of the three-year period.

The risks of the buyer of living space inherited by the seller are highest during the three-year period counted from the moment of opening of the corresponding inheritance (the day the testator passes away). Possible threats may be due to the following circumstances:

• the presence of a testamentary refusal, the right to which can be exercised within 3 years from the date of opening of the inheritance (clause 4 of Article 1137 of the Civil Code);
• a generally mandatory six-month period for entering into an inheritance, as well as the possibility of its restoration in case of omission (if the successor has valid reasons);
• a three-year standard statute of limitations for interested parties to file lawsuits challenging the results of an inheritance.

Obviously, the first 12 months, counted from the moment the seller takes over the inheritance, are the most dangerous for the buyer of an inherited apartment. Registration of the relevant rights, registration of property and other related procedures together can take up to a year. Delays in time may be caused by the renewal of inheritance deadlines, restoration of lost papers, or legal disputes over the division of assets.

If three years have already passed since the seller accepted the inheritance, the risks for the buyer listed above are significantly reduced, although they are not completely eliminated. It is important to know that the statute of limitations for filing a lawsuit, provided for in Article 196 of the Civil Code, is counted from the moment the interested party establishes the fact of violation of his own rights.

As mentioned earlier, the maximum period during which an interested person has the right to challenge the inheritance or alienation of living space through purchase and sale is 10 years. The ten-year period is counted from the moment the citizen-testator passes away or, alternatively, from the moment the citizen-defendant commits an unlawful act that led to the filing of the claim. Thus, problems for the buyer of inherited real estate may arise even after the expiration of the three-year period.

If the living space was inherited by the seller under a will, there are also certain risks for the buyer. First of all, such threats may be predetermined by a violation of the above-mentioned legislative norms of the Civil Code, according to which assets are inherited by will. However, the dangers of probate are often underestimated by buyers of inherited apartments.

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It is believed that a will implies additional guarantees for the buyer of living space inherited by the seller, since it limits the circle of potential claimants (heirs), distributes assets between specified entities, speeds up the registration of inheritance/property and, as a rule, reduces the likelihood of disputes between legal successors. However, risks for a citizen who bought an apartment from an heir under a will still arise for the following reasons:

1. Lack of clear instructions in the will regarding legal successors and shares due.
2. The testator may limit himself to indicating a testamentary refusal in the will, which is permitted by the first paragraph of Article 1137 of the Civil Code, or, alternatively, by depriving certain legal successors of the right to inherit, which is permitted by Article 1119 of the Civil Code.

Thus, if a valid will does not contain clear instructions from the citizen-testator regarding the distribution of assets, it may, on the contrary, create additional grounds for challenging the results of the inheritance and, as a result, invalidating the sale and purchase.

The buyer of inherited living space should pay attention to the following possible risks:

1. A will can be challenged in court, having it declared invalid at the request of an interested party (for example, one of the legal successors of the current order). It can be proven that the testator drew up this paper while incapacitated, temporarily unaware of what was happening (due to passion, stress, intoxication) or while under the influence (physical, psychological).
2. The citizen-testator indicated additional instructions in his own will. A typical example is the aforementioned testamentary disclaimer, which allows a specific subject to live in the inherited housing. Alienation of living space will not lead to the annulment of this right, which will result in the appearance of unwanted neighbors for the new owner of the apartment.
3. The presence of certain entities with obligatory shares in the inherited living space, which is provided for by Article 1149 of the Civil Code. Legal successors of this category cannot be disinherited - even if there is a will, they can receive 50% of the inheritance due to them according to the law.
4. The legal successor indicated by the citizen-testator in the will may also be recognized as an unworthy recipient of the inheritance, which is permitted by the first paragraph 1117 of Article of the Civil Code. Such a risk, by the way, is very difficult to foresee in advance.

Experts recommend refraining from purchasing inherited housing if at least one of the following circumstances exists:

• Questions and ambiguous, controversial issues arose regarding documentation for living space;
• the seller of the inherited apartment has reached old age (70 years or more), but refuses to document his own legal capacity;
• in addition to the seller himself, other entities are registered in the housing being sold;
• the real estate asset is sold on the basis of a power of attorney, and it is not possible to establish contact with its real owner;
• the seller owns the inherited property for a period not exceeding three (3) years.

What to look for when buying or selling inherited real estate

Olga Kachkan, a real estate specialist at the Central Real Estate Agency in Karaganda, answers questions from the kn.kz portal.

— Olga, is it worth buying an apartment or house that the seller inherited?

— Here it is impossible to say unequivocally whether it is worth it or not. It is necessary to consider the specific situation in a specific transaction. Before buying any apartment, especially an inherited one, it is necessary to study all possible risks for the buyer. First of all, you need to familiarize yourself with the documents and history of the apartment, and inheritance is different.

The main risk of such a transaction is the limited ability to identify all potential heirs of a given object. It’s not like a realtor or a lawyer, but close relatives may not always know about such potential heirs. No one can guarantee 100% absence of risks.

- So what should we do then? What advice would you give to potential buyers and sellers of an estate?

— One of the actions that reduces risks when registering transactions with inherited real estate is obtaining a notarial statement from the heirs. In it, the heirs selling the property undertake to pay off the unexpected heirs independently and at their own expense, preventing the buyer from losing the apartment.

It is also important to indicate only the real price in the purchase and sale agreement.

— What if an apartment is put up for sale in which the right to inheritance has been formalized through the court? Does this affect the price or time of sale of the property?

— Real estate transactions, where the title documents are a court decision, including the restoration of the terms of inheritance, are not something special. On the contrary, the court's decision is confirmation that the issue with the heirs is closed, and you can be calm. This aspect is not reflected in the price and time of sale. But each case is individual.

Lawyer Sholpan Ismailova advises sellers of an inherited apartment to evaluate the property on time.

“Real estate received as an inheritance must be valued at its value at the time of its acquisition by the heir, so that the value determined by government agencies is not applied to it, which is often lower, which is why you have to pay more tax,” says the expert. — When selling inherited real estate, the ownership period of which is less than one year, the difference between the sales price and the assessed value is taxed at a rate of 10 percent. However, due to the fact that some citizens miss the assessment deadline, the price determined by the government agency is applied to their property, as a result of which, in some cases, they are required to pay a large amount of taxes. To avoid such situations, it is recommended to carry out an appraisal of the property before its sale and no later than March 31 of the year following the year of sale of such property. Otherwise the assessment will not be accepted. The conclusion on the appraised value must be made on the date of emergence of ownership rights on the date of registration with the justice authorities. The assessment must be made no later than March 31 of the year following the year in which such property was sold. If you missed this date at one time, then the estimated value determined by the authorized state body in the field of registration of real estate rights is applied.

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Buying Tips

1. Buy inherited property at least after three years from the date of registration of the owner. Three years is the statute of limitations for challenging a transaction.
2. Indicate only the actual price in the sales contract. This is important if the contract is suddenly declared invalid.
3. Choose a notarial form of transaction, since, according to judicial practice, the buyer in this case is recognized as a bona fide owner, which gives him more chances to defend his case.
4. If available, take advantage of title insurance. It will provide additional protection and compensate for your losses if the purchase and sale agreement is suddenly terminated.

Karima Apenova, information service kn.kz

So is it worth buying an inherited apartment?

If you have any questions, you can ask them free of charge to the company’s lawyers in the form provided below. An answer from a competent specialist will help you make the right decision.

Before deciding to purchase inherited real estate, you need to take into account all possible risks, and also be wary if the following situations arise:

1. The previous owner, acting as testator, died less than three years ago. Of course, if unexpected problems arise in relation to the buyer and seller, it is possible to refute the transaction. This condition also allows you to protect yourself from negative consequences in the process of acquiring inherited housing.
2. There is no opportunity to personally contact the owner of the apartment. Such a condition is suspicious, and if there is a power of attorney of dubious origin, according to which the authorized person performs all actions, then this is doubly dangerous.
3. The heir has not deregistered previously living citizens, including himself.
4. If the seller is 70 years of age or older does not provide a certificate confirming his legal capacity. A frequent reason for canceling an agreement is a diagnosis that makes it incapacitating.
5. The owner of the property refuses to provide documents confirming the clarity and legality of the agreement.

We invite you to read: Inheritance of a non-privatized apartment after the death of the owner in 2020

Inspection of the property is necessary in any case. If you entrust it to lawyers, the information will be complete and reliable. It is necessary to specify the calculation schemes. They differ from the degree of security and documentary evidence.

It is advisable to carefully inspect the apartment. And the presence of a person who understands construction will only be a plus.

If there are serious but removable defects, we can talk about a good bargain. The main thing is that there is no unauthorized redevelopment of the apartment. Here are some more important tips.

The more an object is owned by a person, the better. When the living space has been at the disposal of the heirs for several years, they have every right to sell it. A bona fide buyer appears who purchases the apartment and re-registers it in his name.

However, it happens that after 5-7 years one of the sons of the deceased is released from prison and goes to court to protect his violated rights as an heir. It is possible that he entered into an agreement with the seller. In such a situation, the former prisoner is quite capable of achieving restoration of his rights and invalidating the transaction.

But if the heir-seller owned the property legally for more than 10 years, no one will be able to question the deal. This follows from Part 2 of Art. 196 of the Civil Code of the Russian Federation.

The check should take place in several directions. First of all, the title documents for real estate are thoroughly studied. Extract from the Unified State Register, registration certificate and the same certificate of inheritance.

Additionally, they receive information about the seller. Some buyers insist on providing certificates confirming the absence of registration in a psychiatric or drug treatment clinic. And this makes sense, since the risk of challenging the transaction due to problems with legal capacity is reduced.

It makes sense to check the property owner for personal bankruptcy and enforcement proceedings. If there are creditors, you need to think about whether or not to take the inherited apartment. After all, they will also have the opportunity to challenge the debtor’s deal.

When a seller offers a price for his property that is clearly lower than the market price, this already gives rise to reasons for reflection. After all, an apartment may have significant hidden shortcomings and bad neighbors. And the house itself may fall into the category of emergency.

But there is another side to the coin. Sellers strive to indicate a minimum amount in the contract in order to reduce personal income tax payments. Typically, the difference is paid in cash.

However, if fraudsters are involved in the transaction, it is theoretically possible to return only the amount specified in the contract. You can forget about the remaining money.

About statute of limitations

The heir has the legal opportunity to declare to the notary his rights to the property of a relative within six months. However, the court can restore this period when the person did not know about the death of the testator by presenting convincing evidence.

According to Art. 1152 of the Civil Code of the Russian Federation The time to file a claim is the same six months, but from the moment the receiver receives information about the death of the testator. There are cases when this happens 3 or 10 years after burial, and often the judge recognizes the reason for such ignorance as valid.

Therefore, when making transactions with inherited property, you need to take into account this scenario.

It is better to refuse to purchase such a property if:

• The inheritance is “fresh”, less than three years old.
• The property is being sold by proxy, and there is no connection with the owner.
• There are registered persons in the apartment.
• The seller is elderly and refuses to provide certificates confirming his legal capacity.
• There are questions and controversial issues in real estate documents.

Detailed description of problems and solutions

You can often encounter the following risks when purchasing an apartment received by inheritance:

• The testators stopped living with their spouses a long time ago, but the divorce was not officially formalized. Family members did not immediately learn of the death and visited the notary as soon as they could.
• The testator's children die and there are no other close relatives. Then the property will go to those who make up the second priority. But there are grandchildren who also learned about the death of the former owner of the property. They have the right to present their claims.
• When the testator dies, heirs appear who have long been included in the will. Or, on the contrary, his closest relatives do not recognize him as legitimate. The challenge begins with the organization of court hearings.

And these situations are only the simplest and most common. There are many more similar difficulties. You need to be prepared for such surprises if you plan to purchase an apartment received specifically under a will.

According to the law, heirs must declare their intention to receive property under a will a maximum of 6 months after the former owner passes away. But some categories of citizens do not have time to declare their rights during this time. For example, if they were deprived of their freedom, they were sent on a long business trip.

There are other points that matter. The law establishes certain “priorities” when resolving issues related to inheritance. Certain categories of citizens, under any circumstances, can count on a share in the property. This applies to:

1. Children under 18 years of age.
2. Parents who have become disabled.
3. Any dependent relatives.

About the calculation procedure

Payments to the seller are carried out in three options:

• Transfer of cash after signing the contract, before completion of state registration.
• Payment in cash after state registration is completed.
• Use of safe deposit boxes when transferring and acquiring inherited objects.

The latter option boasts the highest level of safety for buyers. It is recommended to take receipts from the seller when the transfer of money is completed. The main thing is to check all the information regarding the property before completing the transaction. This applies to citizens registered at the address, categories of persons with lifelong residence, and the official consent of the spouse to conduct the transaction.

It’s good if it is possible to attract a specialist in this direction.

Buying a former inheritance: an acceptable risk

Is the risk worth the results? The final decision remains with the buyers. There are several proven tips to avoid problems. There are three of them in total.

1. Under-pricing in inheritance contracts is unacceptable under any circumstances. Otherwise, there is a high probability that the amount of compensation will decrease. And this is the easiest option.
2. Use of “title insurance” schemes. Then, reimbursement of all costs will become the responsibility of insurers, even in the event of loss.
3. If the property has a price 20-30 percent below market indicators, you should be vigilant. It is necessary to check all the information received, regardless of the seller’s assurances. This also applies to inherited real estate.
4. Purchasing an apartment based on a power of attorney

Inheritance and notaries

Almaty notary Altynai Makesheva talks about the participation of a notary in inheritance matters.

- Which notary should you contact to conduct inheritance business - at your place of residence or any?

— You can contact any notary at the place of registration of the testator. However, you must have time to contact a notary within 6 months from the date of death of the testator. If you miss this deadline, you will have to restore the missed deadline through the court.

— Could it happen that the same inheritance case is handled by different notaries?

- No, this is excluded, since there are 2 types of verification:

1) Service “Checking of inheritance cases” on the UNIS (Unified Notary Information System) website.

2) Central modem, with the help of which a notary can check which of his colleagues has already opened an inheritance case.

— When a testator dies, does the notary notify the heirs about this (if there is a will) or should the heirs themselves contact him?

— The notary notifies all heirs through the media by submitting an announcement that the inheritance has opened after the death of the testator.

— What is the cost of a notary’s services when conducting an inheritance case and what is the work of a notary in the case of registering an apartment by inheritance?

— The cost of notary services varies depending on the amount of inheritance and heirs, since the notary charges separately for each application submitted and issued certificate of inheritance.

The work of a notary consists of many actions:

• opening an inheritance case;
• establishing a circle of heirs;
• checking their legal rights to inheritance and legal capacity;
• submitting advertisements in the media, drawing up and various requests to authorized state and non-state bodies, second-tier banks, commercial organizations;
• checking the inheritance mass;
• on legal purity, encumbrances and claims of third parties;
• drawing up and issuing certificates of inheritance;
• formation and filing of the archival order of the inheritance case;
• testifying in court in the event of a dispute;
• issuance of duplicate certificates of inheritance.

— Is there a unified database of certified wills?

There is a Central Modem with which a notary can check whether there is a notarized will.

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