Transfer a dacha plot to a relative after death
This can be done by expert companies or BTI employees. File a lawsuit to recognize the right to property. There can be two options here:
- Notarial procedure; A legal dispute (in which the defendants will be either government agencies or other heirs or owners laying claim to the property).
You can get advice on this case for a fee or free of charge at an appointment with our specialists.
If a positive verdict is made, registration of ownership will be carried out on the basis of a court decision. If a non-privatized dacha plot belongs to a gardening partnership, the heir should contact the board of this association with a request to join its ranks.
Question answer
- How to re-register a dacha when purchasing? The site is not privatized. Is it possible to rewrite the garden book and transfer the money outside the board building?
1. One house, but many heirs
A very typical situation: a dacha - a traditional six hundred square meters with a small house, and there are several heirs. Dividing such property, say, among three people, is quite pointless; everyone will get two hundred square meters, and not even a room, but a corner in the house.
Or maybe it’s even more complicated: the deceased’s spouse, who spent her entire life managing it, and, say, children from her first marriage, who have never been there in their lives, but don’t want to give up their share, have equal rights to the dacha.
WHAT TO DO
It is clear that it is unlikely that anyone will actually relax at a small dacha with such a “collective farm” - not always friendly. Therefore, lawyers advise the heirs to negotiate and enter into a division agreement: someone gets the entire dacha, someone gets a car and other property, and someone is paid monetary compensation for his or her share.
Couldn't you reach an agreement? Well, then the dacha will be in shared ownership, and the procedure for using it will have to be determined through the court.
Another option is to sell the dacha and divide the proceeds in proportion to shares. But for this, again, you will have to agree on joint actions, since finding a buyer for a share in such real estate is almost impossible - unless, of course, one of the co-owners comes forward.
2. “Forgot” to do everything on time
This is also a common case: the heirs continue to use the dachas, but somehow they don’t have the time to complete the necessary paperwork. They remember the formalities a few years later, when they decide to sell the dacha. Or they themselves are starting to think about how to pass the hacienda on to their children and grandchildren. Meanwhile, the deadline for accepting an inheritance—six months from the date of death of the testator—has long since passed, and notaries refuse to draw up the papers.
WHAT TO DO
“If a “forgetful” heir came to the dacha within six months of the death of the testator, paid land tax, garden fees, then he can formalize his rights through the court,” explains lawyer Svetlana Zhmurko. – It is established in court that the heir has actually accepted the inheritance, and his rights to this property are recognized.
Evidence of the “actual acceptance of the inheritance” will be documents on the payment of land tax and gardening fees, as well as testimonies from neighbors: we know someone who lived and lives in the dacha.
3. There is less land on paper than in reality
During the process of registering an inheritance, discrepancies suddenly become clear. Let's say a certificate of ownership was issued for six acres, but in reality there are seven and a half. The notary refuses to formalize the inheritance for seven and a half acres. And it’s a pity to lose “extra” hundreds.
WHAT TO DO
“In this case, you need to register the inheritance not with a notary, but go to court and prove there that the land plot should not be the area indicated in the documents, but the one it actually occupies,” advises Svetlana Zhmurko. – That is, to file a claim for recognition of the right of ownership by inheritance to a land plot of a certain area.
True, for this you will have to order cadastral work at your own expense and make a cadastral plan for the site within the correct boundaries. If no one else claims the “extra” acres - that is, we are really talking about a “inconsistency” due to the fact that in the “shaggy” years of the 80-90s the land was allocated by eye - they will most likely be recognized for you.
TRICKY QUESTION
What if there are no papers?
It also happens: where the testator kept the papers confirming his rights to the hacienda, and whether these documents exist at all, the heirs do not know. In any case, they cannot find them.
WHAT TO DO
First of all, send requests to the appropriate authorities. If the ownership rights to the land and dacha have actually been registered, information about this should be in Rosreestr. There you will be given duplicate documents. If there is no information in the state register, it is worth making a request to the archives of the local administration - to whom and on what conditions (for free use or ownership) the land that the testator considered his was allocated.
You must understand: you can inherit only the property that was registered as ownership. At the same time, membership in a garden or dacha partnership (there is a gardener’s book) does not automatically confirm the right to a plot in this very partnership. There must be a certificate of ownership.
The most common option is that the land has been registered as the property of the testator, but there are no documents for the house. It's not very scary. Through a notary, you will register the plot as an inheritance, and after that, if you wish, you yourself will register the house under the dacha amnesty, as if you had built it yourself.
The bad option is that there are no property documents at all. The land was not privatized. This means that in fact the “heirs” have no rights to it. The owner of the land is the municipality. It is necessary that “your” land be allocated to you again. Amendments to the Land Code, which have been in force since March 1 (details on the website kp.ru.), in principle, allow you to resolve this kind of situation if you enlist the support of the general meeting of the gardening partnership.
BY THE WAY
Gardening membership is not inherited...
An important point that concerns specifically dachas and land plots in gardening.
– In addition to the rights that the heirs must register for the property, they must decide whether they want to become a member of the non-profit organization on whose territory the site is located. After all, membership in a gardening partnership is not inherited, warns Svetlana Zhmurko.
The procedure is as follows. First, you need to register the inherited property in your name. After you have become the full owner (or mistress) of the dacha, there are two possibilities:
1) become a member of the same gardening partnership or cooperative on whose territory the plot is located and where the one who left you an inheritance was a member;
2) do not join anywhere, but draw up an agreement with the gardening partnership on the procedure for using infrastructure facilities.
There is no third option - at least within the framework of current legislation. ...but the debts will have to be paid!
Unlike membership in a garden partnership, debts on taxes and fees are inherited along with the property. So, if the testator has not been to the dacha in recent years and paid nothing, the heir will have to pay for it.
https://www.kp.ru/daily/26390/3267882/
Re-register land after the death of a relative
The Civil Code regulates two types of inheritance rights: by law and by will.
Legitimate successors are determined based on the order of succession. The first to register can be the parents, children and spouses of the deceased. The inherited property, including the share, will be divided equally between the specified recipients. The spouse has the right to receive half of the inheritance if the property of the deceased was jointly acquired during the marriage.
In the absence of the main legitimate applicants, rights to join pass to the next circle of relatives.
If none of the candidates has accepted, then the inheritance is transferred to the state.
The second type of inheritance is a will. The rights of the successors are determined by documents that were drawn up personally by the testator during his lifetime. Why
How to donate a dacha or land?
Let's start with the fact that when you donate a dacha with a plot to children, you transfer to them all ownership rights. Including the burden of maintaining property, paying taxes, debts, etc.
In addition, gift transactions have several features. They depend on who the giver is, who should receive the gift, and whether there is any real estate on this land. If there are no buildings, a person who wants to donate a plot of land to someone must go through the procedure of registering the plot with Rosreestr - before registering the donation, the land must be entered into the cadastral register.
Of course, simply donating a plot of land is somewhat easier than donating land with a house. This is due to the need to complete fewer papers. Let's consider the most important points when concluding such agreements:
Do I need to pay taxes when donating a dacha/plot?
If the transaction is carried out between close relatives, the donee does not have to pay tax. Close relatives mean: mother, father, children, grandparents, sisters, brothers and grandchildren. If the recipient of land as a gift does not fit into any of the above categories, then by law he must pay a tax in the amount of 13% of the value of the property received.
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Should the cadastral value be taken into account when donating a dacha/plot?
This is not necessary at all. The price indicated in the contract documents may be considered market value unless the contrary is proven.
However, please note that the tax office may be interested in the tax office if the value of the dacha/plot in the gift agreement is too low. Tax officials check this point very carefully and meticulously. And if it is discovered that the price of the property is deliberately undervalued, they can increase it. And in this case, the donee will be obliged to pay 13% of the amount indicated by the civil servant.
Thus, we see that it is beneficial to draw up a deed of gift for a plot and a house only between close relatives. If there is no blood relationship, it is still more profitable to formalize the purchase and sale of a plot.
Is it necessary to have a gift deed certified by a notary?
Yes, this is a mandatory procedure. Moreover, the notary must belong to the same municipal district in which the dacha/plot is located.
After the deed of gift for the land with the house has been drawn up, the new owner is required to submit an application for registration of ownership rights to the Registration Chamber. And when the ownership goes through the registration procedure, the donee becomes the rightful owner of the land.
How to properly donate a plot with buildings on it?
If you plan to donate a plot of land with buildings on it, you must draw up a single gift agreement. According to the law, issuing separate deeds of gift for houses, buildings and plots is prohibited.
Such an agreement must reflect all the information about the site and the buildings on it. If this is residential property, documents must be provided confirming that it is not seized, is not under bail, and so on. Income tax is calculated according to the same rules as in the case of land without buildings.
Registration of inheritance for a dacha
The provisions of the document drawn up most recently will be considered valid.
The persons who were indicated as recipients in the text of the will can receive the property.
Entry into the right of inheritance of a dacha
This legal procedure begins with the acceptance of the inheritance. He will request the following documents to inherit the dacha:
- passport;
- documents on relationship with the testator or a will (if any);
- documents confirming the ownership of the dacha.
- death certificate of the owner of the plot and a document from his last place of residence;
Additionally, an application for acceptance of the inheritance is drawn up.
The principle of action does not depend on the basis on which inheritance occurs - by will or law. First, you should seek the services of a notary at the location of the property.
How to inherit a dacha
Otherwise, it will be difficult to sell the dacha in the future: the consent of all owners will be required.
Some heirs have a priority right to receive ownership of the dacha. For example, during her son’s lifetime, a mother actively used her summer cottage plot for its intended purpose: she grew vegetables, berries, and flowers there. After the death of her son, she will have the priority right to the dacha. In return, she will have to pay monetary compensation to other claimants or transfer to them her share in other property.
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The owner of the dacha can dispose of the dacha at his own discretion. He has the right to donate it, sell it and leave it as an inheritance according to his will.
The last field of the deceased will take precedence over the rules of legal inheritance. To make it easier for the heirs to take possession of the dacha, the testator should take care of drawing up a will during his lifetime.
This will avoid interpersonal conflicts between heirs.
Re-registration of ownership of a dacha after the death of one of the spouses
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- Yugra, Chelyabinsk region, Chechen Republic, Chuvash Republic, Chukotka Autonomous Region. vicinity of the Yamalo-Nenets Autonomous District. okr. Yaroslavl region.
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It is necessary to register this land plot with the cadastral register and apply to the court for recognition of the right to a specific land plot, with a specific area and a specific cadastral number. But as the Supreme Court explained, even if the heirs have not completed the land surveying procedure, this cannot be a basis for non-recognition of their property rights in the order of inheritance. We can only hope that the lower courts will learn these nuances and, in future, when considering inheritance disputes, will be guided by the law and not by personal considerations. If discovered after
Buying an apartment for a child
You can register an apartment for a child immediately upon completing a purchase and sale transaction
The process of acquiring an apartment through purchase and sale is currently the most common.
This is due to the fact that the best way to invest money is real estate, since until the baby grows up an apartment or house, you can rent it out and make a profit.
Such an agreement is drawn up in a notary's office and requires the signatures of all parties. It must be said right away that the buyer signs the person if he is 14 years old, and if he is not, his parents or other legal representatives.
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After drawing up the contract, it must be registered not only with a notary, but also in the state register, since only from the moment of registration of the document for real estate does ownership begin.
After the entire procedure, the minor becomes the full owner of the real estate.
It is important to know that if the purchase of an apartment or house takes place with money from previously sold property where a minor was registered, then it is necessary to obtain the mandatory consent of the guardianship and trusteeship authority to carry out such a transaction.
Re-registration of a summer cottage to another person or relative
If the plot is non-privatized, then it is most likely owned by SNT, on whose territory the plot is located.
For a person who has not encountered anything like this, it will be difficult to re-register land alone. And we must not forget that when drawing up orders or receiving them, it is necessary to carefully check all the data relating to the objects and participants in the transaction. For convenience, we will compile step-by-step instructions according to which you can act.
List of circulars:
- Cadastral passport;
- act of acceptance and transfer of land;
- transaction agreement signed by all participants;
- copies of orders identifying the parties to the transaction (passports).
- documents for residential and non-residential buildings;
If the land was purchased from the previous owner during marriage or there are several owners of the plot (shared ownership), then permission from them, certified by a notary, is required.
Rewrite the plot after the death of the husband
If you actually took possession of your husband’s property (for example, you were registered and lived together in a shared apartment), then you contact a notary and she will issue a certificate. If the notary refuses, then you go to court with a claim to establish the fact of acceptance of the inheritance and recognition of the right of ownership of the property.
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You will have to prove ownership.
If you have already contacted a notary after the death of your husband about accepting the inheritance and have already accepted something, then simply submit the documents for the land to the notary and they will issue you a certificate. 09 February 2020, 15:14 0 0 672 responses 310 reviews Chat Free assessment of your situation Lawyer, city.
Moscow Free assessment of your situation Good afternoon, if, according to the Civil Code of the Russian Federation, Article 1152. Acceptance of inheritance.2. Acceptance by the heir of part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located.
How can real estate be transferred to a child?
There are several ways to transfer real estate to a child; you will need to choose the one that is most convenient for you.
Having figured out that registering real estate for a child is not difficult, now you need to move on to how this can be done.
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In our legal field, there are many ways to acquire real estate.
But in this situation, it is best to opt for methods that do not entail certain legal consequences.
To purchase square meters for your baby, it is better to use the following methods:
- Through privatization. This action means the purchase from the state or municipality of housing that belongs to them by right of ownership.
- Through a deed of gift, when real estate is donated to one’s relatives.
- Through inheritance, that is, parents or other relatives write a special will stating that after their death, the children become their heirs and take ownership of the home.
- By buying and selling. This is the most common deal.
- Each method has its advantages in specific situations, so this needs to be considered in more detail.
It is important to know that in the above cases, the child is given a real estate document, which, after its registration, confirms the child’s ownership of the residential premises.
How to register an inheritance for a dacha after the death of parents
There are two options.
- According to the law, a condition for registration will be relationship with the testator.
- By will - it is necessary to have a will drawn up by the testator - the owner of the land in favor of the recipient of the inheritance (certified by a notary).
The first step in registering a dacha and a plot of land by inheritance will be the opening of an inheritance case.
transfer of the application to a notary at the place of residence of the testator. According to the law, heirs will enter into inheritance rights in accordance with the order. provided for in Art. 1142-1145 and 1148 of the Civil Code (Civil Code) of the Russian Federation.
The heirs will inherit property according to each subsequent order, if there are no heirs of the previous orders or they are excluded from inheritance (Article 1117 of the Civil Code of the Russian Federation), they are deprived of the inheritance, the inheritance is not accepted or they refuse it. In total, according to the law, there are eight lines of heirs.
In case there are no heirs of the first three stages.
Is it possible to draw up a gift deed for a minor?
In both cases, when drawing up a gift agreement between close relatives (children and parents or grandparents and grandchildren), the transaction is legally exempt from taxes. If the minor is not a close relative of the donor, then the transaction is subject to a tax of 13% of the value of the property specified in the agreement. The child's legal representatives must pay the tax and registration costs.
Also read: Do minor children participate in the privatization of an apartment?
The only exception to the rules in which a child, after reaching 16 years of age, is recognized as fully capable and can independently enter into such transactions is the emancipation procedure. To pass it, confirmation of the child’s full financial and property independence is required (for example, having a job under a contract or engaging in entrepreneurial activity), the consent of legal representatives and the sanction of the guardianship authorities.
How to re-register a dacha in the name of a husband after the death of his wife
for the house and 200 rubles. per plot. Important: inheritance tax is not levied in the Russian Federation today.
fb vk tw gp ok ml wp Fig. Nikolai VORONTSOV Photo: Fig.
Nikolai VORONTSOV “I WROTE A REFUSAL, AND NOW I WANT TO GET MY SHARE” After my mother’s death, I signed a waiver of inheritance in favor of my brother.
Later it turned out that I did this in vain and part of my mother’s inheritance - the country house - should belong to me, especially since my brother does not want to deal with the registration. Can I now take back my refusal, cancel it and how to do it? If not, what other options are possible?
— Refusal of inheritance cannot be taken back.
Attention Moreover, based on the article of the Civil Code, which clearly states that the property remaining after the death of the testator can be accepted by his heir if it was received by the testator legally.
Other
Registering a house for a child: pros, cons and nuances
The scheme for drawing up a share participation agreement and subsequently ownership rights to a child depends on the age, and as a consequence, the legal capacity of the citizen. Children under the age of 14 can purchase and sell real estate only with the permission and assistance of an official representative - parents, legal guardians, adoptive parents or guardianship authorities. To purchase real estate, the presence of a child under the age of 14 is absolutely not necessary; the contract states that official representatives act in his interests and they retain the right to sign. Children aged 14 to 18 years can make real estate transactions only with the written permission of official representatives, which is reflected in the contract, while they have the right to sign and can independently defend their interests. Moreover, if they wish to sell housing registered for a child, his official representatives must obtain permission from the guardianship authorities. In accordance with Article 37 of the Civil Code of the Russian Federation, “a guardian does not have the right, without the prior permission of the guardianship and trusteeship authority, to carry out, and the trustee does not have the right to consent to, transactions involving the alienation, including the exchange or donation of the ward’s property, leasing it out, for free. use or pledge of transactions entailing the renunciation of the rights belonging to the ward, the division of his property or the allocation of shares from it, as well as any other transactions entailing a decrease in the property of the ward.”
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