How to register a child in his grandmother’s apartment: nuances and limitations of the procedure

In the coming days after a person is born, you need to decide not only what first and last name the little citizen will have, but also his address .

And here a number of certain restrictions apply. It is only important to quickly figure this out - after all, by registering a son or daughter, parents are implementing the constitutional right of a little person.

Read on our website about the consequences of not having a child’s registration and how to get a minor registered temporarily, as well as how children are admitted to schools and kindergartens: by registration or at their place of residence.

What does the law say?

According to Article 20 of the Civil Code of the Russian Federation, a minor child under fourteen years of age must be registered in the same living space as his parents (read about how to register a child at the place of registration of the mother or father, and from this article you will learn about where a minor must be registered and what to do when you don’t have your own home).

If the father and mother live at different addresses, then the young citizen can be made a tenant of any of the two apartments (houses).

Read about how to register a child after the parents’ divorce or if they live in a civil marriage here, and from this article you will learn how to register a child at the father’s place of residence.

If the parents do not have registration, the young citizen is registered with his closest relatives.

There are two options here:

• housing is completely owned by the grandmother;
• an elderly relative only has a share in the apartment.

In the first case, it will be easier to register a grandson. However, according to Article 31 of the Housing Code, an agreement on the free use of housing must be concluded with one of the child’s legal representatives. Simply put, one of his parents must move into the living space with the baby.

If a relative only has a share in a multi-room apartment, the consent of the remaining owners will be required, which must be certified by a notary or at the Russian Migration Office at the place of residence.

Does a grandson registered in a grandmother’s privatized apartment have the right to a share in the event of her death?

Hello, despite the fact that based on the principle of fairness it seems that the apartment should belong entirely to the grandson, i.e. to the person caring for the grandmother, according to the law, everything is different. Regardless of the existing relationship with the grandmother, the provision of assistance to her, the heirs are the persons provided for by the Civil Code of the Russian Federation in order of priority. In your case, there are children of the testator and the property will be divided equally between them. A grandson can receive something bypassing the grandmother's children only if there is a will on her behalf certified by a notary.

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The heirs of the first priority are the children, the spouse with whom the marriage was registered on the day of death, as well as the parents (if alive) - in equal shares. This is regulated by Art. 1142 of the Civil Code of the Russian Federation. First priority heirs are called upon by law to inherit in the absence of a will. The property that will be owned by right of ownership on the day of death will be inherited. Grandchildren can inherit only by right of representation if their parent, the son or daughter of a deceased grandmother or grandfather, died earlier, which is expressly stated in Art. 1146 of the Civil Code of the Russian Federation Article 1146. Inheritance by right of representation 1. The share of an heir by law who died before the opening of the inheritance or at the same time as the testator passes by right of representation to his corresponding descendants in the cases provided for in paragraph 2 of Article 1142, paragraph 2 of Article 1143 and paragraph 2 Article 1144 of this Code, and is divided equally between them. 2. The descendants of an heir by law who was deprived of the inheritance by the testator shall not inherit by right of representation (clause 1 of Article 1119). 3. The descendants of an heir who died before the opening of the inheritance or simultaneously with the testator and who would not have the right to inherit in accordance with paragraph 1 of Article 1117 of this Code shall not inherit by right of representation.

Reasons for registration

Most often people are prescribed to see their grandmother for several reasons:

1. At the place of residence of the father and mother, it is not possible to enroll the child in a queue for preschool institutions.
2. I would like to send my son or daughter to a certain school, but the parents are registered in another area.
3. The child stays with a relative for a while (for example, while the legal representatives are at work).
4. For the sake of receiving subsidies and benefits (utility benefits, “linkage” to a hospital, children's libraries, clubs, etc.).

In some cases, these issues can be resolved without registering with a relative. If parents rent housing in the area needed for the kindergarten or school, they can make a temporary registration for the child themselves.

IMPORTANT! You should not delay the process of registering a minor, otherwise the guardianship authorities will pay special attention to the family. If the child is not registered anywhere for a long time, a fine is imposed on the parents.

How to register a child with a grandmother

Is it possible to register a baby not with the mother and father, but with other relatives, for example, with a grandfather or grandmother?
Yes, such a procedure is permitted if one of the parents lives with the child. According to the law, a mandatory condition for registering children is that one of the parents has a residence permit in the same territory. Often they try to register a child in a relative’s apartment for the following reasons:

• the need to reduce utility bills in the parents’ apartment;
• desire to enroll in a school or kindergarten located in the area where a relative lives;
• receiving subsidies and benefits in the premises of a relative due to an increase in the number of registered people;
• the need to care for elderly relatives.

If registration at the grandmother’s living space is necessary, then one of the parents should register there in their own name. Depending on the benefits received from such registration, this option may be a good solution.

Is it possible to register a child with his grandmother without parents or not? At the legislative level, there are two options for how this can be done:

• the teenager has reached the age of 14;
• Grandmother is the guardian.

From the age of 14, a teenager becomes partially competent. Among other rights, he acquires the ability to independently choose where and with whom he will live. If a teenager is already 14 years old, then he can be registered with a relative without parents. Before this age, such a procedure is impossible.
The second option, in which you can easily register a minor with your grandmother, is guardianship of the child. Under guardianship, a citizen performs all the functions and responsibilities of a parent, so he can register the child with him, regardless of his age.

Is it possible to register a grandson or granddaughter in an apartment without parents?

It is impossible to unequivocally answer the question whether a grandmother can register a grandson without parents.

This is influenced by several factors at once:

• age of the person being prescribed;
• who the grandmother is: just a relative or the baby’s guardian.

It is impossible to register children under 14 years of age without a mother, father or legal representative in “someone else’s” living space. A grandmother can accommodate her grandson without parents only if she is his guardian. In other cases, such registration is illegal.

After 14 years of age, a teenager can register himself to live with a relative. The presence and cohabitation of the father or mother is not required.

In what case can a child be registered with his grandmother? Package of documents

If the parents of a minor have separate registration, the child can be registered with either parent. But there are situations when parents, for certain reasons, do not have the opportunity to register the child in their living space and the only way out is to register the child with the grandparents. When answering the question of whether it is possible to register a child with his grandmother, it is important to take into account certain legal subtleties.

Registration of a small citizen in municipal housing is a more complex procedure. It will be necessary to provide proof of family ties and obtain the written consent of all citizens registered in the apartment. This form is certified by a notary.

Registration of a minor: step-by-step instructions

The first thing you need to do to register a child with your grandmother is to prepare a package of documents.

Let's try to list what you might need:

1. Grandson's birth certificate.
2. Application from the father or mother with a request to register the child in the living space of a relative.
3. Identity documents of both parents.
4. Consent of the second parent to register a minor with a relative (preferred).
5. Agreement on the free use of living space by one of the child’s parents. Or a statement on behalf of the grandmother agreeing to provide living quarters to the father or mother of the person being registered.

If the living space is privatized, then you need to have:

• document confirming ownership;
• a copy of the grandmother’s personal financial account;
• if there are several owners, then consent for the registration of the child and the residence of his legal representative in the apartment is required from each of them.

Slightly different rules apply to municipal apartments. Additionally, you will need to submit the following documents:

1. an extract from the house register;
2. documents confirming the family ties of the grandson and elderly relative;
3. If minors already live in the apartment, the official consent of their representatives is required to register another child in it.

A complete list of required documents can be obtained from representatives of government agencies. It may differ slightly and be supplemented depending on your specific case.

Is it possible to prohibit a grandmother from seeing her grandson?

A grandmother can only be prohibited from communicating with her grandchildren through a judicial procedure. In this case, the grounds for limiting the child’s communication with the grandmother may be the presence of actions on the part of the grandmother towards the child that negatively affect his mental state or health, namely:

1. The grandmother poses a threat to the life and health of the child. Such actions may include:
   Grandmother teaches her grandson to gamble
2. Grandmother abuses alcohol or uses drugs
3. Has a history of abuse of one's children or grandchildren
4. Other actions aimed at causing harm to the health of a child or his child’s psyche
5. Grandmother has mental illness. It does not matter whether the person is diagnosed, it is important that leaving a child with a person with a mental illness can cause not only moral, but also physical harm to the minor.
6. In relation to the grandmother, a court decision has entered into legal force declaring her incompetent or partially capable.

These grounds must be proven in court.

Where to submit documents?

The documents have been collected, where to submit them? There are several options:

• To the department of the Federal Migration Service (UVM).
• In the housing office that services the house where the minor will be registered.
• To the territorial branch of the Multifunctional Center (MFC).

It is best to submit documents directly to the MFC. The center competently organizes the reception of citizens, as well as the largest database of people living in the territory controlled by the MFC.

Citizens of the Russian Federation are not charged fees or state fees for registration at their place of residence. Stateless persons and residents of other countries pay a state fee of 350 rubles for registration in an apartment. You can clarify information about a minor at the government organization where the documents were submitted.

How can a grandmother remove her minor grandson from her apartment?

• departure slip;
• ID cards of all participants;
• application in form 6;
• documents for a new place of residence (order, social tenancy agreement, certificate of ownership);
• permission from the board of trustees (if the apartment is municipal or the child is a co-owner);
• an extract from the house register and a copy of the personal account (if the housing is municipal)

Anna, if your grandchildren are minors, then you cannot remove them from the register without the permission of the guardianship authorities. Guardianship authorities may refuse if this will worsen their financial situation. And if your grandchildren are already adults, then you can register them if they were registered at the time when you were the owner of this home, but if they were registered when you were not yet the owner, then only through the court.

Rules and procedure for registering a newborn child

If you have any questions, you can consult a lawyer for free.
Ask your question in the online consultant window at the bottom right of the screen or call the numbers (24/7, 7 days a week) Moscow and region; 8 St. Petersburg and region; all regions of the Russian Federation. We remind you: if the child’s parents are not officially married and the father does not come to the registry office and confirm his paternity, then the newborn child will not be able to be registered with him, because the child does not have a documented father. If the parents are officially married, then one of the parents can receive the certificate.

What documents are needed to register at the place of residence?

How to register a child in an apartment? The right of a child under 14 years of age to a permanent place of residence can only be exercised in the housing where one of the parents or guardians is registered. To register a child you will need to provide the following documents:

• Passports of parents (guardians);
• Child's birth certificate;
• Application on form No. 6.

Additionally, guardianship or parental consent certified by a notary may be required when:

1. Parents are registered in different apartments (houses);
2. Are not married.

You may be interested in information on how to draw up a will for an apartment, read the article.

Legislative regulations

What laws govern this? The legislative framework regulating the issue under consideration is presented:

• The Civil Code of Russia, which determines the child’s right to live together with legal representatives;
• The Housing Code of Russia describes the types of residential premises and the features of attaching children to them;
• The Criminal Code of the Russian Federation imposes punishment up to imprisonment for issuing a fictitious registration;
• The Code of Administrative Offenses of the Russian Federation establishes administrative punishment in the form of a fine for late registration.

How to register?

There are several options for registering a child's registration.

There is no difference in the chosen methods, except perhaps the time and money spent. For citizens of the Russian Federation, registration of registration is free.

The information in this article is provided for informational purposes only. We recommend that you contact our lawyer.

Changing registration - from one parent to another

Birth is always a holiday for their parents and loved ones.

But after the baby is born, they face many difficulties.

One of these is the registration of a child.

The legislation strictly monitors and regulates this process. It is advisable for parents to familiarize themselves with the features of this procedure in advance, even before the child, so that in the future it will go quickly and without problems.

Russian legislation requires that a baby, after his birth, must have a residence permit. It is mandatory and its absence will not only complicate his registration in a clinic, kindergarten or school, but also threatens the child’s parents with a fine.

In modern conditions, you can easily familiarize yourself in detail with all the Russian laws that are required to register a residence permit and find out how to register a minor child. To better understand this issue, we should consider it in more detail.

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