concluded with citizens on the basis of their application. More details about the transfer procedure and the features of the execution of such an agreement will be described in this article.
Housing privatization
Citizens should remember that they can exercise their right to free privatization until March 2017.
What housing can be privatized
Voluntary privatization is issued:
- in occupied residential premises of the state fund,
- at the place of reservation of living space.
Which residential premises are not subject to transfer to the ownership of citizens
State bodies are not entitled to transfer to the ownership of applicants:
- housing recognized as emergency;
- living quarters in hostels;
- apartments located in houses of closed military camps;
- office living space (except for apartments classified as housing stock of a state farm or other agricultural enterprise).
Who has the right to privatize a dwelling
Privatization involves the transfer of housing into common ownership or the property of one person.
The transfer of living space in favor of a citizen occurs after obtaining the consent of citizens over the age of 14 who have the right to privatize this premises.
If the premises are transferred to the ownership of a person aged 14 to 18, then privatization takes place on the basis of an application from the parents or adoptive parents of the minor.
Also, a citizen under the age of 18 will need to obtain permission from parents or adoptive parents to purchase housing in the property.
Sample application for the privatization of an apartment
The standard form of the contract can now be found on many Internet resources. In addition, housing authorities and municipal authorities, if necessary, can provide citizens with samples of such agreements. Blank forms can also be downloaded from the official portals of regional housing structures.
Don't know your rights?
In a standard application, a citizen indicates the following information:
- Name of the applicant;
- birth data, address data, citizenship and passport details of the applicant;
- the nature of the request;
- Full name of the future owner or owners of the apartment;
- characteristics of the dwelling, which includes the size of the apartment, the number of rooms and the address of the house;
- information on the consent of persons registered, living or retaining the right to use residential premises subject to privatization.
Documents for drawing up a contract for the transfer of apartment ownership
In addition to the application, the citizen will be required to submit the following papers to the authorized bodies:
- Passports of the applicant, all members of his family and other persons registered in the apartment.
- Birth certificate (for persons under the age of 14).
- Power of attorney of a representative of a person entitled to privatize living space.
- A copy of the current court decision declaring one of the named persons incompetent, as well as the consent of the guardianship authorities to transfer the residential premises into ownership. Permission is required if the premises are inhabited by incapacitated citizens or children without guardians, as well as children placed under supervision.
- Title papers for an apartment, such as a social tenancy agreement or a warrant for a dwelling.
- Citizenship documents for persons under 14 years of age. It is not required to confirm the citizenship of the child if his parents are citizens of the Russian Federation and are registered in the apartment being privatized.
- Extract from the house book.
- A document confirming the unused right to privatization.
How to draw up a contract for the transfer of ownership of an apartment
Consideration of the application and decision on the issue of privatization is carried out within 2 months.
The 2-month period is calculated from the moment of submission of the application for privatization and additional documents.
Contract for the transfer of ownership of an apartment must be registered with the housing authorities or multifunctional centers that provide public services to citizens.
Residents of Moscow apply for privatization to the department of housing policy and housing stock.
Registration of property rights to residential space
The contract is drawn up in writing. The legislator does not require the parties to notarize or state registration of the agreement.
It will be necessary to register with the Rosreestr authorities only the right of the new owner to the privatized residential premises.
The right of ownership to the premises will arise for a citizen who has concluded an agreement on privatization, only after registration of his rights to privatized real estate. For the registration service, citizens will need to pay a state duty in the amount of 2,000 rubles.
As a result, we note that citizens enter into an agreement for free privatization with state bodies until March 2015. The transfer of the apartment to the ownership of citizens is considered completed after the end of the state registration of rights to the apartment.
AGREEMENT No. _____
gratuitous transfer of the apartment to the property of citizens
Zvyozdny
Perm Territory ________________
(day month Year)
ZATO Administration Zvyozdny, ezdny
(Full Name)
acting on the basis of the Charter of the Zvezdny ZATO urban district of the Perm Territory and the Laws of the Russian Federation “On the privatization of the housing stock in the Russian Federation”, “On a closed administrative-territorial entity”, Resolution of the Council of Ministers-Government of the Russian Federation of November 15, 1993 No. 000 “On measures for the social protection of the population living and working in closed administrative-territorial entities”, on the one hand, hereinafter referred to as the “Owner”,
Citizen (ka) ____________________________________________, on the other hand (last name, first name, patronymic)
The parties have entered into this agreement as follows:
1. The owner transfers, and the citizen (ka) __________________________________
(surname, initials)
receives ownership of the apartment he occupies, consisting of ________________ rooms, located at the address: Perm Territory, Zvezdny settlement, st. _______________, building ______, sq. _____, living area _____ sq. m., with a total area of ______ sq. m., costing ___________________ (______________________________________) rubles.
(in words)
2. The specified apartment is transferred to the ownership of a citizen (ki):
______________________________________________ – ____________ year of birth, free of charge.
(Full Name)
3. Gr. ___________________________ acquires the right of ownership (possession,
(surname, initials)
use, disposal) for an apartment from the moment the Perm Department of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Perm Territory makes the relevant records of rights in the Unified State Register of Rights to Real Estate and Transactions Therewith.
4. Gr. __________________________ carries out at its own expense the operation and
(surname, initials)
repair of an apartment in compliance with the uniform rules and regulations on the conditions specified for houses of the state and municipal housing stock, and also participates in proportion to the occupied area in the costs associated with maintenance and repair, including capital repairs, of the whole house.
5. The contract for the maintenance and repair of the house, its engineering equipment and the adjacent territory in proportion to the share of the occupied area, the citizen (ka) _______________________________ is obliged to conclude with the housing maintenance and
(surname, initials)
repair and construction organizations serving this house.
6. Gr.______________________________, is obliged within 10 (ten) days from the day
state registration of property rights in the Perm department of the Office of the Federal Service for State Registration, Cadastre and Cartography in the Perm Territory, submit to the Owner a photocopy of the document confirming the fact of state registration of property rights gr._________________________ (surname, initials)
to the transferred apartment.
7. The costs associated with the execution of an agreement for the gratuitous transfer of an apartment to the ownership of a citizen (ki) _______________________ are made at his (her) expense.
(surname, initials)
8. The use of the apartment is carried out in relation to the Rules for the use of residential premises, approved by the Decree of the Government of the Russian Federation.
9. This agreement is made in two copies, of which the 1st is in the possession of the gr.____________________________, the 2nd - in the Perm Department of the Office of the Federal
(surname, initials)
State Service for Registration, Cadastre and Cartography in the Perm Territory.
10. Details and signatures of the parties:
Owner: 614575 Perm Territory, Closed Administrative Territory Zvezdny, st. Lenina, 3
Administration ZATO Zvezdny
GRCC of the Main Directorate of the Bank of Russia for the Perm Territory, Perm,
l / c UFK in the Perm Territory
Citizen(s) ______________________________________
(Full Name)
passport ______ No. _________ issued by ________________________
. (series) (by whom and when issued)
Signatures of the parties:
Owner: ________________________
(surname, initials)
Citizen(s): _________________________
(surname, initials)
The contract was registered by the administration of ZATO Zvezdny under No. ___ dated "___" _____________ 20___
Registration made by:
_______________________ _____________________
(official) (surname, initials)
Citizens who, under a lease agreement, occupy residential premises in houses of state and municipal housing funds, can receive free of charge ownership of residential premises in the order of its privatization on the basis of the Law of the Russian Federation “On Privatization of the Housing Fund in the Russian Federation”.
The transfer of residential premises in these cases occurs on the basis of an application from citizens under an agreement on the transfer of an apartment to the ownership of citizens.
The transfer of ownership of residential premises to citizens is carried out:
- - administration of the city of Yekaterinburg;
- - a municipal unitary enterprise, to which the housing stock is assigned on the basis of the right of economic management;
- - a municipal institution in whose operational management the housing stock has been transferred.
The transfer of residential premises to the ownership of citizens in the manner of privatization is formalized by a transfer agreement concluded in writing by the city administration, a municipal unitary enterprise, a municipal institution, on the one hand, and by a citizen (citizens) acquiring residential premises into ownership, on the other hand.
The contract is not subject to notarization and state duty is not charged.
The right of ownership to the acquired residential premises arises from the moment of state registration of the right in the Unified State Register of Rights to Real Estate and transactions with it.
The contract for the transfer of residential premises into ownership includes minors who have the right to use this residential premises and live together with persons to whom this residential premises is transferred into common ownership with minors, or minors who live separately from these persons, but who have not lost the right to use this residential premises .
Citizens have the right to free privatization of the residential premises of the municipal housing stock occupied by them under a social rental agreement, if the residential premises previously privatized by them were transferred to municipal ownership free of charge.
Low-income citizens who have privatized residential premises, which are their only place of permanent residence, until January 1, 2007, have the right to transfer the residential premises owned by them and free from obligations to municipal ownership, followed by the conclusion of a social tenancy agreement for these residential premises in the prescribed manner. The transfer of residential premises to the ownership of the municipality is carried out at the request of poor citizens on the basis of a decree of the Head of Yekaterinburg and an agreement.
The contract for the transfer of housing in the order of privatization differs from the contract for the sale of residential premises in that, unlike the contract for the sale, which is for a fee, the contract for the transfer of housing in the order of privatization is free of charge. The housing transfer agreement is similar to the donation agreement; however, unlike a gift agreement, under which the donee only accepts the gift (or refuses it), in a housing transfer agreement in the order of privatization, a person wishing to privatize housing takes the initiative in this, making an application (request) for the transfer of housing to him.
An agreement on the transfer of an apartment to the ownership of citizens is concluded in a simple written form, is not subject to notarization, and no state duty is charged on it (Article 7 of the Privatization Law).
In the application of citizens on the transfer of their residential premises to their ownership, it is indicated to which common (joint or shared) property they ask to transfer the apartment they occupy, the members of the tenant's family, their consent to privatization are indicated.
The agreement on the transfer of residential premises to the ownership of citizens also includes minors who have the right to use this residential premises and live together with persons to whom this residential premises is transferred into common ownership with minors, or minors living separately from these persons, but who have not lost the right to use this residential premises. living quarters.
The text of the transfer agreement itself specifies the terms of the agreement, including the rights of citizens who have become owners of the apartment, to sell, bequeath, lease, and make other transactions that do not contradict the law. The obligations of citizens who privatize an apartment are also indicated, including assuming obligations to pay real estate taxes, reimburse expenses “for the repair, operation and maintenance of an apartment, a house and its engineering equipment and a local area on the basis of an agreement between the parties.
Citizens are also obliged to use residential premises only for living, to reorganize and redevelop residential premises only with the permission of the local administration. At the same time, when citizens privatize an apartment in buildings requiring major repairs, the landlord retains the obligation to carry out major repairs in accordance with the standards for the maintenance, operation and repair of the housing stock.
The maintenance and repair of a residential building as a whole, according to the transfer agreement, is carried out by housing maintenance and repair and construction organizations that serviced this building before the start of privatization (under agreements with owners), except for those apartments whose owners have chosen other organizations or forms to service these apartments.
An agreement on the transfer of housing to the ownership of citizens is subject to registration with the relevant executive authorities. For example, in Moscow, registration of transfer agreements is carried out by the Department of Municipal Housing (office of privatization of housing stock).
1. In May 1994, an agreement was drawn up for the transfer of an apartment into the ownership of citizens to a mother and son. In February 2014, after the death of his mother, on the basis of a will, a certificate of state registration was issued. registration of the right to a son for 1/2 apartment, about which a note was also made on the contract.
What needs to be done to obtain state registration for a son for the whole apartment?
1.1. Good afternoon! Until 1998, the ownership was registered at the BTI, you most likely have a document confirming such registration (there is a mark or Certificate on the Agreement dated 1994), contact Rosreestr, submit documents for the apartment and request an extract from the USRN, in it will indicate that you are the sole owner of the apartment.
2. Is it possible to sell an apartment with a copy of the contract for the transfer of an apartment to the ownership of citizens?
2.1. Hello! First you need to register the state transfer of ownership.
3. In the contract for the transfer and sale of apartments (houses) in the ownership of citizens, concluded in 1992, it is indicated that the apartment is transferred to common joint ownership without determining the shares of a family of 5 people (two of them are children). The registration certificate of the BTI states that the apartment is registered under the right of common shared ownership of 3 family members (children are not indicated). What kind of lawsuit should be filed in court by children who have become adults?
3.1. With a claim for recognition of ownership of a share in the apartment.
4. In the contract for the transfer and sale of apartments in the ownership of citizens, my patronymic is not indicated. Could you show me a sample application to the district court to correct an error in this document.
4.1. Good afternoon Sergey, in your case this category of cases is not simple, the claim drawn up by you may not be accepted, the sample is taken from the Internet
AT
(name of court)
Applicant:
(full name, address)
Interested party:
(full name, address)
STATEMENT
On establishing the fact of ownership of a document
"___" I received a document (indicate the name of the document in which errors or omissions were made), in which errors (omissions) were made in my personal data (indicate what errors were made, what personal data was written with errors).
According to the passport (birth certificate) (indicate the details of the document, number, series, by whom and when it was issued), my last name, first name, patronymic sound like (indicate the correct spelling of the last name, first name and patronymic).
I tried to pre-trially resolve the issue of correcting errors in my document (indicate what measures the applicant took to correct errors), but this was not possible because (give reasons for the impossibility to make corrections to the document).
Establishing the fact of ownership of the document is necessary for me (indicate why it is necessary to confirm the fact of ownership of the document, where the applicant will apply with a court decision).
Based on the foregoing, guided by articles 131-132, 264 of the Civil Procedure Code of the Russian Federation,
Establish the fact that I (the name of the applicant) owns the title document (name and basic details of the title document).
List of documents attached to the application (copies according to the number of persons participating in the case):
Copy of the application
Document confirming the payment of the state fee
Title document (to establish the ownership of which the applicant asks)
Documents confirming that the title document belongs to the applicant
Documents confirming that the applicant tried to make corrections out of court, but this was not successful
A copy of the applicant's passport (for a minor, a copy of the birth certificate)
Other evidence supporting the grounds for claiming ownership of the title document
Application date "___" Applicant's signature
5. Is an agreement on the gratuitous transfer of an apartment to the ownership of citizens, on behalf of the owner of this property, a donation agreement or is it something else like an inheritance? In the agreement, the shares of the apartment are divided into 3 equal parts between 3 people, upon the death of one of them, the share of the deceased passes to one of the parties to the agreement. Will there be consequences under such an agreement in the form of collection by the bank of a debt on a loan from the "heirs", in this case, persons who have entered into an agreement upon its entry into force?
5.1. Good afternoon! What you are describing is a donation agreement. Legal consequences associated with the collection of debt by the bank are possible provided that you have other housing, or shares in other housing on the right of ownership.
6. In the hands of the Agreement on the transfer of an apartment to the ownership of citizens of 1994 (St. Petersburg), according to which a 2-room apartment was transferred to the joint ownership of three citizens. On a call to Rosreestr, they concluded that there were no apartments registered there, because. voluntarily did not go there and declared. Because of the conflict, the two parties (owners) do not want to go for registration in the USRN. How can I register my share in the USRN without the participation of other participants?
6.1. Hello.
As I understand it, no one wants to go to a notary to draw up an agreement on the allocation of shares either?
Then the only way out is to allocate your share through the court.
6.2. You need to look at the documents.
Warn the second co-owner about the possible allocation of a share in kind and the transfer of the residential premises to a communal one.
If it doesn't work, go to court.
7. On April 20, 1993, under an agreement on the transfer of an apartment to the ownership of citizens, an apartment was transferred to the ownership of my parents.
Dad is dead. Now we recognize the ownership of 1/2 share through the court. In the privatization agreement and in the BTI, my births are registered only as owners of the apartment. The lawyer filed a lawsuit for us to recognize the three of us at 1.6 shares. The judge says to adjust the requirements by 1/4, or we children should refuse privatization. in the privatization case, in the application for privatization, we were children (we were registered by our mother, but my mother no longer remembers), minors at that time (we were not registered in the apartment). We do not object to privatization, since in those years there was still a law that allowed registering without children. Really, if we were children included in the application for privatization, then we should also have been included in the contract and now we really need to adjust the claims?
7.1. Ariana, drafting claims, clarification of claims is a paid service. Conducting a case in court, too.
To answer your question, you need to see what has already been compiled.
7.2. Good afternoon, Arina! If the claim is not drawn up correctly, then it is better to clarify it, based on all the circumstances of the case. If the requirements are not correct, the court will refuse to satisfy your requirements. Moreover, with such a claim, you can no longer go to court. You can always find a way out of any situation, the main thing is to take steps to achieve it. Contact the lawyers with the documents on the case and let them look from a legal point of view. Contact numbers, addresses are usually indicated under the lawyer's answer.
Good luck and all the best in your business. Sincerely, the lawyer of the site 9111, Korsun Irina Dmitrievna!
7.3. because in the privatization case, in the application for privatization, we were children
If this is in the case, then you all should have become owners too. Where will the judge go?
And potmou she asked you to change the requirements.
How will she recognize 1/6, if in the case there are documents of intent to privatize for children too.
8. In 1993, under an agreement on the transfer of an apartment to the ownership of citizens, an apartment was transferred to the ownership of my parents. As it turns out now, in those years everyone was almost forced to privatize apartments. My dad was the main tenant, but he didn’t write an application for privatization himself (he didn’t like such things), and the application on behalf of dad was written by my mother’s hand (at work they were told to go and privatize). And now, in the privatization case, we found such a statement on behalf of the pope written by my mother’s hand (there was no power of attorney, dad was capable), where mom, dad and we were children, at that time minors and not registered with their parents, but lived in apartment. Privatization took place at the beginning of 1993, when it was still possible to privatize without children, but now we are embarrassed by such a statement, will the administration later show that the pope himself did not write such a statement? How was it in those years?
8.1. Hello Ariana! This circumstance is not significant. The Pope did not write a statement, but, firstly, on the basis of this statement, the administration took legal actions related to the preparation and conclusion of a privatization agreement; secondly, the contract itself was concluded, and, as I understand it, there is still a signature in my father's contract. Consequently, the pope expressed his will to conclude this agreement, there is appropriate documentary evidence for this. Moreover, a quarter of a century has already passed since the moment of privatization, all conceivable statutes of limitations have expired...
Sincerely, A.D. Ruslin.
9. I want to buy an apartment. The seller has a contract for the gratuitous transfer of apartments to the ownership of citizens from 1992. Is it possible to make a purchase and sale transaction under this agreement?
9.1. Hello, on the basis of this agreement, the right of ownership must be registered. If this is done, then everything is in order.
Good luck and all the best.
10. We want to purchase an apartment, which was received by the seller under an agreement on the transfer of residential premises to the ownership of citizens. At the moment, one Seller is registered in the apartment, but his son was also registered, who was removed from the reg. accounting unnecessarily serving a sentence. The apartment was privatized when he was already in jail, there is a notarial refusal to privatize and consent to discharge. Can he, having been released, register back to the apartment we have already bought.
10.1. Registration in the apartment is possible only with the written consent of its owner. Such a condition is provided by the current legislation.
10.2. Yes, if he refused privatization, he has the right to lifelong use of residential premises. So it is better to refuse such a purchase.
11. An error was made in the contract for the transfer of apartments (houses) to the ownership of citizens: - "buyer" - 1 person - "number of family members" - 4 people, although 1 person lived.
In the house book and in the technical passport, 1 person and the number of this contract are indicated.
When reissuing an inheritance (after death), we now encountered this problem. Where to go and how to get out of this situation? Thank you!
11.1. If a mistake is made in the title documents, then it is necessary to eliminate it and this is done only by going to court.
12. In the "Agreement for the transfer of an apartment to the ownership of citizens" and "Registration certificate" of the bureau of technical inventory for 1994, a technical error was made when writing the patronymic of one of the owners. The apartment was transferred by right of joint ownership to four people. How to fix the error?
12.1. You need to contact the institution that entered into an agreement to correct the error. Get rejected and go to court. Nothing else.
13. I have a question: they bought an apartment in marriage under an agreement on the transfer to the ownership of citizens, they privatized 1/2 for me and my wife. She gave her share to her son. Can my wife now claim my share in the event of a divorce?
13.1. Good afternoon. As a rule, she can claim your property just as you could claim her share if you did not consent to a gift to your son in which case you can allocate your share from her share.
13.2. If the apartment was precisely privatized, then the spouse cannot claim your share. Russian Federation.
13.3. Hello. There is a big difference between the fact that you bought an apartment in Brak and the fact that you privatized the apartment in equal shares. If you bought and registered the property by 1/2, then the apartment had already been divided and there was nothing to share, donation until 2016 was allowed without the consent of the second owner, the tacit consent of the spouse to the transaction was assumed. If it is privatized, then a priori the division is not allowed during a divorce. So in either case, none of you has the right to each other's share.
13.4. Hello. No, your wife cannot claim your share in a divorce - your property has already been divided in equal shares when registering an apartment.
14. The contract for the transfer of the apartment to the ownership of citizens has been lost. Location of the object in the city of Mednogorsk. In which specific department of the city administration to make a request and what documents to provide in order to receive a duplicate of this agreement?
14.1. The housing department of the local administration was in charge of the privatization process. You can apply there in writing.
14.2. If the contract for the transfer of ownership of an apartment was drawn up a long time ago, then it was transferred to the archive department. Go there and order a copy of the contract.
14.3. You do not need to bother here with some specific department of the city administration. Make a request addressed to the head of the city administration - it will be reliable and for sure. The request for execution will be transferred to the appropriate department. Attach a copy of your passport to the request, this will be enough.
15. The question is this: the apartment was purchased under an agreement for the transfer to the ownership of citizens, it was privatized at 1/2 per husband and wife. The wife gave her 1/2 to her daughter. Can a wife claim 1/2 of her husband in a divorce?
15.1. Good afternoon, no, it can’t, since the husband’s share in the apartment was acquired free of charge, that is, not for money. This is his personal property, not subject to division between spouses. She did not take his consent to donate her share ...
16. In the AGREEMENT for the free transfer of apartments to the ownership of citizens (1996), two citizens are registered (grandmother and grandson). Apartment 2-room total. area 43.8 sq.m., including residential area 30.5 sq.m. What rights do these citizens have to sell their part of the living space?
16.1. Hello! They have a shared ownership regime, each has ownership of his shares. When selling a share, the other owner has the pre-emptive right to purchase in accordance with Art. 250 of the Civil Code of the Russian Federation When selling a share in the right of common ownership to an outsider, the remaining participants in shared ownership have the pre-emptive right to purchase the sold share at the price for which it is sold, and on other equal terms, except for the case of sale at a public auction, as well as cases of sale of a share in the right common ownership of a land plot by the owner of a part of a building or structure located on such land plot or by the owner of premises in the said building or structure.
(as amended by Federal Law No. 171-FZ of June 23, 2014)
Public auctions for the sale of a share in the right of common ownership, in the absence of the consent to this of all participants in shared ownership, may be held in the cases provided for by the second part of Article 255 of this Code, and in other cases provided for by law.
2. The seller of a share is obliged to notify in writing the other participants in shared ownership of the intention to sell his share to an outside person, indicating the price and other conditions on which he sells it.
If the other participants in shared ownership do not acquire the sold share in the ownership of immovable property within a month, and in the ownership of movable property within ten days from the date of notification, the seller has the right to sell his share to any person. In the event that all other participants in shared ownership renounce in writing the exercise of the pre-emptive right to purchase the share being sold, such share may be sold to an outsider before the specified time.
The specifics of notifying participants in shared ownership of the intention of the seller of a share in the right of common ownership to sell his share to an outsider may be established by federal law.
(Clause 2 as amended by Federal Law No. 315-FZ of July 3, 2016)
(see text in previous edition)
3. When selling a share in violation of the pre-emptive right to purchase, any other participant in shared ownership has the right, within three months, to demand in court that the rights and obligations of the buyer be transferred to him.
4. Assignment of the pre-emptive right to purchase a share is not allowed.
5. The rules of this article shall also apply when a share is alienated under an exchange agreement.
16.2. First, the apartment must be privatized. After that, both owners and grandmother and grandson can sell the apartment at their discretion.
16.3. Good afternoon! Your apartment is privatized and is in common joint ownership, not shared ownership .. Equal shares for everyone, but they need to be determined (allocated in court so that you can dispose of your share. Or sell the apartment as a whole.
17. On August 29, 2001, an agreement was signed on the transfer of apartments to the ownership of citizens, the apartment was transferred free of charge, that is, in the order of privatization. "Seller" - a legal entity (LLC), in 2005 it was liquidated by a court decision. The deal was not registered in the justice system. The seller's right was not registered in the USRR. But on the contract there is a BTI stamp dated September 2001, apparently all the documents were handed over to the BTI and that’s it, they didn’t go to justice. What is the right way to file a claim? Respondent?
17.1. On the recognition of the right of ownership to residential premises in the order of privatization. However, in fact, this is not a privatization agreement, but a donation agreement, LLC is not a seller, but a donor whose right is not registered, i.e. was not the owner of the LLC, therefore, he had no right to alienate property that did not belong to him. Contact a lawyer in person with documents.
17.2. Get the Rosreestr's refusal to register the contract, and then go to court with an application to appeal their actions and oblige them to register the privatization contract.
17.3. Good afternoon. Privatization is the term applied to the transfer of ownership of public housing. You are specifying LLC. If the LLC has no successors, then it is necessary to recognize the ownership of this apartment, for example, due to acquisitive prescription. The defendant may be the City Administration, as the balance holder of the MKD. Perhaps the involvement of the tax, which represents the interests of the state.
17.4. Hello! The LLC did not have the right to alienate the apartment, since it was not the owner, if there was no registration with the Unified State Register of Real Estate Rights. Perhaps it is necessary to recognize the contract of sale in court as valid. You need to look at all the documents for a more detailed study of the case.
17.5. Irina!
Nobody! Such a claim is impossible. What to do with this property - this question is answered by paragraph 5.2. Article 64 of the Civil Code of the Russian Federation, introduced by Federal Law No. 99-FZ of 05.05.2014: “In case of discovery of the property of a liquidated legal entity excluded from the unified state register of legal entities, including as a result of declaring such a legal entity insolvent (bankrupt), the person concerned or the authorized state body has the right to apply to the court with an application for the appointment of a procedure for distributing the discovered property among persons entitled to it. Said property also includes claims of the liquidated legal entity against third parties, including those arising from a violation of the order of satisfaction of creditors' claims, as a result of which the interested person did not receive full execution. In this case, the court appoints an arbitration manager who is responsible for distributing the discovered property of the liquidated legal entity. An application for the appointment of a procedure for the distribution of the discovered property of a liquidated legal entity may be submitted within five years from the date of entry in the unified state register of legal entities of information on the termination of the legal entity. The procedure for distributing the discovered property of a liquidated legal entity may be appointed if there are sufficient funds for the implementation of this procedure and the possibility of distributing the discovered property among interested parties. The procedure for distributing the discovered property of a liquidated legal entity shall be carried out in accordance with the rules of this Code on the liquidation of legal entities.”
17.6. In this case, most likely the transaction did not take place, since the ownership did not pass to the buyer. The plaintiff must formulate a claim, most likely it will be necessary to file a claim for recognition of the contract as not concluded, since as of 2001 state registration was already required.
17.7. Good afternoon, Irina! In order to properly file a claim, you need to seek the help of lawyers. Because it is not clear how the LLC could draw up a privatization agreement, whether the LLC had the right to dispose of these apartments. If there is a BTI stamp, then the ownership must be registered. At that time, it was the BTI that dealt with registration issues. You can successfully resolve your issue with legal assistance.
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17.8. Hello! Do not listen to anyone, apply to the court for recognition of ownership of the premises. You have a good chance of success.
18. During the privatization of an apartment in 1993, an AGREEMENT for the transfer and sale of an apartment to the ownership of citizens
1.-the administration of the enterprise (the seller) and the "buyer" (my husband and I) entered into an agreement on the transfer of ownership by the seller, and the buyer purchased an apartment for 1/2 share ...
The number of family members is four people (without knowing that these are two children born in 1975 and 1978
2. The "Seller" transfers the property to the "Buyer" free of charge, taking into account the number of family members of four people.
When issuing the Certificate of State Registration of Rights in 2012, there were no questions, the Certificate of State Registration of Rights was issued and issued to us (wife and husband). When displayed to a notary to draw up a transaction for donating his 1/2 share, he said that the contract for the transfer and sale of an apartment in the ownership of citizens did not take into account the rights of children. The contract needs to be renegotiated. The children are now of age and do not apply for an apartment. Ready to write a waiver or whatever is needed.
Do I need to remake (correct, supplement) the privatization agreement? After all, how many years have passed! If necessary, how is it done?
18.1. You have the right to appeal against the refusal of a notary to execute a transaction, since your shares in the certificate of right are indicated without the shares of children. Therefore, it is better to take a notarized statement from the children that they do not claim to allocate shares to them in the apartment privatized with their participation. Nobody will change the contract.
19. There is an agreement on the transfer of an apartment to the ownership of citizens dated 01/24/1997 for two persons in equal shares. The document is registered with the BTI, the number of the registry book is indicated. No proof of ownership was received. Do owners now need to obtain such certificates to draw up a sale and purchase agreement, if so, where and how?
19.1. Hello! Until 1998, the property right was registered with the BTI, so they are already the owners and there is no need to register the property right separately.
19.2. Do owners now need to obtain such certificates to draw up a sale and purchase agreement, if so, where and how?
No, you don't need to get certified. Now an extract from the USRR is enough. When preparing an apartment for sale, it is necessary to issue a new registration certificate and put the apartment on cadastral registration.
19.3. Good evening,
your right to real estate arose before the enactment of the law providing for the mandatory state registration.
Art. 6 of the law deals with your case.
1. Rights to immovable property that arose prior to the entry into force of this Federal Law shall be recognized as legally valid in the absence of their state registration introduced by this Federal Law. State registration of such rights is carried out at the request of their owners.
State registration of rights carried out in certain constituent entities of the Russian Federation and municipalities prior to the entry into force of this Federal Law is legally valid.
2. State registration of the right to an object of immovable property that arose before the entry into force of this Federal Law is required for state registration of the transition of this right that arose after the entry into force of this Federal Law of the transfer of this right, its restriction (encumbrance) or the transaction with the object made after the entry into force of this Federal Law real estate.
The state registration of the right to an object of immovable property that arose before the entry into force of this Federal Law and the state registration of the transfer of this right, its restriction (encumbrance) that arose after the entry into force of this Federal Law, or a transaction with an object of immovable property made after the entry into force of this Federal Law, are carried out no later than one month from the date of submission of the relevant applications and other necessary for state registration of the right, the transfer of the right, its restriction (encumbrance) or the transaction with the real estate object made after the entry into force of this Federal Law of the documents, unless other terms are established by federal law .
The state registration of the right to an immovable property that arose before the entry into force of this Federal Law is carried out during the state registration of the transfer of this right or a transaction on the alienation of an immovable property without payment of state duty.
Thus, at the same time, when submitting documents for registration of the transfer of rights, you need to submit another application for the registration of your original right.
20. The contract for the transfer of apartments to the ownership of citizens was signed in 2012. Registered in 2016. Do I need to pay tax? When is an apartment considered owned?
Thank you.
20.1. An apartment is considered property from the moment of state registration of ownership, not earlier. Therefore, sales tax must be paid.
21. In the contract for the transfer of an apartment to the ownership of citizens, issued in 1992, 2 people (common-law spouses) are recorded. The signature under the contract is worth only one of them. Does this mean that the second one does not participate in privatization and cannot claim a share in the apartment?
21.1. In the contract for the transfer of an apartment to the ownership of citizens, issued in 1992, 2 people (common-law spouses) are recorded. The signature under the contract is worth only one of them. Does this mean that the second one does not participate in privatization and cannot claim a share in the apartment?
The question is not clear if civilians are issued to the one to whom the apartment is given, specify what you want is not clear.
21.2. Nikolai, in order to find out who owns the apartment, you need to contact the MUPTI and ON of Rostov-on-Don and order a certificate of ownership of the apartment.
21.3. In the contract for the transfer of an apartment to the ownership of citizens, issued in 1992, 2 people (common-law spouses) are recorded. The signature under the contract is worth only one of them. Does this mean that the second one does not participate in privatization and cannot claim a share in the apartment?
I think that the contract itself is not valid, you can contact a lawyer in person with all the documents available in the case.
22. An agreement was signed on the transfer of apartments to the ownership of citizens, four owners. Ownership has not yet been registered, one member dies what to do? Is an inheritance drawn up or is the contract terminated through the court? Will the right to privatization be lost?
22.1. The heirs must apply to the court with a statement of claim to recognize the right of ownership in the order of inheritance to the share of the privatized apartment.
23. In 1992 there was an agreement on the transfer of an apartment to the ownership of citizens. Question: in case of a divorce and division of property, how to allocate shares for all 4 family members, if the apartment was transferred to the ownership of four seven members under an agreement, but in the notary's office a statement was signed by the mother and one adult daughter agreed to purchase the apartment in the personal property of the father, and one daughter was at that time a minor. Question: is it possible to allocate shares of 1/4 for all four?
23.1. can be identified
23.2. in your case, you need to go to court, contact a full-time lawyer with documents, there is a practice
23.3. If the mother and adult daughter refused privatization, then according to the law "On Privatization of the Housing Stock in the Russian Federation", the mother and adult daughter have no shares in the apartment, and there is actually nothing to share. In addition, this is not matrimonial property at all, it is not subject to family division.
24. We have an agreement on the transfer of apartments (houses) to the ownership of citizens dated October 20, 1994 (privatization) for three family members: husband, wife, daughter. Certificates of state registration of rights were not issued at that time. Daughter dies in 2000. Husband and wife receive two certificates of state registration of the right to a daughter's share of 1/6 each. At present, we want to put the documents in order: in order to avoid further red tape, get one Certificate of state registration of the right to a wife, i.e. completely privatize the apartment for the wife (only the husband and wife are registered in this area).
Question:
1. Write step by step our steps to complete this procedure (to whom it is better to go - to a notary or a lawyer, and later to the MFC ...).
2. How to arrange in parallel the transfer of the apartment in advance, if it is registered to the wife, so that after her death everything goes to the husband and cannot be received by any of the joint children (there are two of them, they are not registered in the apartment) and relatives (strained relations with children and relatives).
3. If this is a will, then what needs to be written in it so that there are no litigations (the disability of one of the children is possible in the future) and everything completely goes to the husband.
4. Or are there other options for registration of this apartment at the stage of registration of the Certificate of state registration of rights?
24.1. Your question is too voluminous and there are many questions themselves.
Step by step - at a paid consultation with a lawyer
24.2. 1. The apartment does not need to be privatized, it has already been privatized - draw up donation agreements or other agreements for one person to the notary.
2.testament can be written
3. the obligatory share cannot be eliminated in case of disability
4. Mass options
25. Agreement No. 1234 for the transfer and sale of apartments in the ownership of citizens.
2 owners sign 1 copy together, then copy and distribute where necessary, or is it several copies of the Agreement, where 2 owners sign in one, only 1 owner can sign in the other and distribute it to the necessary organizations with a different number of signatures?
25.1. 2 owners sign this agreement and provide copies at the place of demand
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26. Agreement No. 1234 for the transfer and sale of apartments in houses) to the ownership of citizens (issued by the city administration). Question: how many copies should there be, who should have them.
26.1. copies - by the number of parties + for Rosreestr
27. There is an agreement for the free transfer of an apartment to the ownership of citizens who have not registered the right of ownership. Can I register it for myself after living in it for 15 years?
27.1. Get an extract from the USRR and see who the owner is
If there is no one, then go to court
According to paragraph 3 of Article 218 of the Civil Code of the Russian Federation, in the cases and in the manner provided for by this Code, a person may acquire the right of ownership to property that does not have an owner, to property whose owner is unknown, or to property that the owner has refused or to which he lost the right of ownership on other grounds provided for by law.
The agreement confirms the gratuitous transfer of housing in houses with state and personal ownership of individuals and, accordingly, it looks the same as any similar document.
- a written application typed or completed by hand in blue or black ink;
- copies of passports of all persons wishing to participate in free privatization;
- copies of birth certificates of minors involved in privatization;
- a copy of the order to move into the residential premises or the agreement on the use of the apartment in the order of social hiring;
- cadastral passport (since 2013, it has not been included in the list of required documents and is provided at the request of the applicant);
- permission for the procedure from the guardianship authorities, if only persons under the age of eighteen live in the dwelling;
- certificates from the former and current places of residence stating that the right of privatization by the interested parties has not been previously exercised;
- the consent of all family members to privatization, expressed in writing in any form, or a written refusal to participate in it.
At the time of signing the contract You must bring original documents with you. copies of which are included in the above list.
Decor
Legally, the beginning of the procedure for drawing up an agreement is marked by the submission of an application in the prescribed form.
Document preparation procedure takes place within two months. Refusal to provide services is possible in three cases:
- there are not enough documents in the package;
- a person has already used the right to privatize housing;
- residential premises do not belong to the property of the Russian Federation.
The public service is provided to applicants free of charge by the executive authorities. In Moscow, it is implemented through the Department of Housing Privatization of the Department of Municipal Housing. In St. Petersburg, the decision is made by the St. Petersburg State Budgetary Institution Gorzhilobmen (St. Petersburg State Budgetary Institution Gorzhilobmen) and the Housing Committee.
To receive the service, a person applies to the MFC personally or sends his representative there on the basis of a notarized power of attorney.
Also now implemented an alternative way to submit an application in electronic form through the public services portal. Before filling out the application, the package of documents must be scanned or re-shot on a digital camera and attach digital copies of the papers listed above to the application for privatization of residential premises sent via the Internet.
After sending data through the portal, you need to monitor the email entered by the applicant when filling out the application. The authority responsible for the provision of the service will send notifications there about the progress of the application and may invite the individual to appear in person at the organization providing the service.
Having prepared the contract, the contractor sends the applicant a written offer to appear at the appointed time to sign this document.
On the specified date all interested persons come to the MFC, get acquainted with the document, check if there are any errors. Then everyone signs an agreement on the privatization of the apartment, after which it is stitched, sealed with a hologram and handed over to the applicants.
This document is the basis of a set of papers with which you should visit Rosreestr in order to register ownership of housing and be able to carry out various kinds of transactions with real estate (sale, exchange, donation, etc.).
How to recover?
To restore the lost contract, you should contact the authority in which the privatization was formalized. A duplicate document will be issued.
If a citizen at one time received a certificate of ownership based on a privatization agreement, then there is no need to re-apply to Rosreestr.
When selling a property acquired in this way, the buyers or their agent will definitely ask how the property was acquired and will want to see this document.
It is possible that the right of free privatization will be used until 2018, but while the relevant changes to the legislation are only expected, it is worth hurrying up in order to have time to transfer the apartment from state ownership to private ownership.
