Peculiarities of inheritance of privatized residential premises

Entry into legal rights

Entering into inheritance is a procedure that has clear regulations. They consolidate not only the change of owner of non-residential premises, but also the transfer of responsibilities and rights from the former copyright holder to his heirs. In general terms it looks like this:

1. the legal heir turns to the notary and writes a statement in which he expresses his intention regarding the inheritance.
2. Provides the notary with the documents necessary for issuing certificates of inheritance rights.
3. Pays for notary services and state fees. Today their size is 0.3% for heirs of the 1st stage and 0.6% for other heirs.
4. At the last stage, the transfer of rights is formalized. This is possible only 6 months after the death of the testator. Since the matter concerns non-residential premises and real estate, the heir will have to contact Rosreestr, providing a passport and a certificate obtained from a notary.

ATTENTION: The procedure can be considered completed only when the heir receives a certificate.

Registration process

For convenience, we can consider the procedure for entering into inheritance using the example of a garage, since it is a typical example of real estate, which in turn is a non-residential premises.

First you need to collect all the necessary documents:

• a certificate from the civil registry office, which is drawn up on the basis of a document on the death of the former owner, obtained in a medical institution.
• Identification document of the applicant.
• A will, if the former owner made it before his death and it has legal force;
  otherwise, you will have to provide any other document that can confirm the applicant’s right to inheritance. This document may be a birth certificate if the former owner was one of the applicant's parents or guardians, or a marriage certificate if the applicant is the spouse of the deceased person.
• Certificate of residence of the copyright holder before his death.
• An extract from the house register issued by the management company.
• Documents proving the right to benefits. This will allow you to save money on government taxes in the future.

All these documents are the basis on which a lawyer opens an inheritance case. Then you can start collecting documents for non-residential premises, in our case a garage. Such documents include the following:

• a document confirming the former owner's ownership of the property.
• Documents confirming the legality of ownership, on the basis of which the premises became the property of a person, for example, an act of donation or sale.
• When inheriting a garage, if it is located in a cooperative, a membership document is required.
• Cadastral passport, if it is still valid. If it is more than five years old, it will have to be re-registered.
• Estimation of the price of non-residential premises on the day when the copyright holder died. Based on this document, the amount of the state duty is determined.
• An extract from Rosreestr, which must confirm the absence of restrictions such as pledge or seizure of property.

IMPORTANT: When all the documents are collected and they are all in perfect order and do not cause disputes, the notary has the right to issue a certificate to the applicant. It must be presented to Rosreestr, after which you can quite easily submit an application for registration of property rights.. Within 30 days you will be able to receive a document that confirms your right to own non-residential premises

Within 30 days you will be able to receive a document that confirms your right to own non-residential premises.

Requirements for non-residential premises

Bringing the facility into compliance with urban planning, environmental and sanitary standards. Redevelopment and reconstruction is possible only after agreement with engineering and architectural municipal organizations.

Ensuring fire safety, including carrying out a number of activities after mandatory instruction from the State Fire Inspectorate.

The procedure for transferring premises from residential to non-residential and vice versa

The list of requirements is significantly supplemented, which is due to the specifics of the object. As a rule, apartment buildings contain non-residential premises transferred to this category from residential ones.

An example of such an activity would be opening a dry cleaner or sauna in a residential building.

If non-residential premises are required, then it should be located no higher than the first floor, or above the same non-residential premises. A separate entrance is required. Dissonance with the architectural appearance of the rest of the building is unacceptable.

Who is the owner when privatizing an apartment?

In Russia, in this way, residents are given the apartments in which they live. This procedure ends with the issuance of a special document confirming that the applicant has acquired ownership of the property. Previously, such a document was a certificate of privatization of an apartment, but now instead of it a special extract is issued.

Owner of non-privatized housing

If for some reason you have not yet managed to register the apartment in your name, it is important for you to know who exactly exercises the powers of the owner in relation to it. This determines where exactly you will have to go to conclude a contract for the transfer of housing.

In accordance with the legislation of the Russian Federation, privatization rights are vested in a citizen not on the basis of his inheritance rights, but solely on the basis of a social tenancy agreement for residential premises.

The procedure for registering housing as an inheritance

The order of inheritance of residential premises:

1. Visit a notary at the place of residence of the testator. An inheritance case is opened at the request of relatives.
2. Make a property valuation.
3. Visit the notary again. He will make the necessary calculations and provide citizens with details for paying taxes.
4. Pay the state fee for entering into an inheritance.
5. Obtain a certificate of rights to residential premises.
6. The final stage of the procedure is registration of rights. The necessary actions are carried out by Rosreestr. You can also submit papers through the MFC.

To enter into an inheritance of residential premises, the recipient must provide the notary with the following papers:

1. Russian citizen passport.
2. Death certificate of an individual.
3. Excerpt from the house book.
4. Birth/marriage registration certificate (in case of inheritance by law).
5. Will (if any).
6. Title papers for the apartment.
7. Extract from the Unified State Register of Real Estate.
8. Cadastral passport.
9. Technical documentation from the BTI for housing.
10. Information about the cost of the apartment.
11. Receipt for payment of the duty.
12. Notarized power of attorney (when submitting documents by a representative of the recipient).

1. Inventory. The heir must contact the BTI for a certificate of the cost of the apartment. The cost of the document in 2021 is 750 rubles. The inventory value is significantly lower than the market value, but the notary has no right to refuse to accept a certificate instead of an assessment report.
2. Market. To do this, you need to enter into an agreement with a specialized company. However, you must first check whether you have a license for this type of activity. The cost of an independent assessment will be 3,000 rubles.

Important! In case of inheritance of a residential building, it is necessary to additionally collect documents for the land plot. As an assessment, you can use a certificate from the State Real Estate Cadastre

Documents can be submitted independently or through an authorized representative. If necessary, they can be sent by mail. However, notarization of the heir's signature will be required.

Types of expenses of the recipient of residential premises

Important! Full/partial exemption from paying state duty is provided for citizens who lived together with the testator on the day of his death, young children and disabled people. Heirs of the 1st line are given 6 months (Art.

1154 of the Civil Code of the Russian Federation). A similar period is granted to applicants under the will. They must prepare the necessary papers and submit an application at the place of registration of the deceased subject. Failure to visit a notary on time can result in loss of property. Extension of deadlines occurs by court decision. The exception is the written consent of the legal successors who previously accepted the property

Heirs of the 1st line are given 6 months (Article 1154 of the Civil Code of the Russian Federation). A similar period is granted to applicants under the will. They must prepare the necessary papers and submit an application at the place of registration of the deceased subject. Failure to visit a notary on time can result in loss of property. Extension of deadlines occurs by court decision. The exception is the written consent of the legal successors who previously accepted the property.

Relatives of the 2nd stage submit papers after six months. They are given from 3 to 6 months. The deadline depends on the reason for the call to inheritance. If priority applicants do not accept the property, then the next heirs have the right to submit an application within 3 months. If the 1st line applicants are eliminated or abandon property, then the 2nd line legal successors submit papers within six months.

Shifting deadlines is allowed in case of hereditary transmission (Article 1156 of the Civil Code of the Russian Federation). The death of the main heir serves as the basis for calling members of his family to inherit. If legal successors have less than 3 months to submit papers, the law allows for an increase in the period. Such citizens are given another 3 months.

Acceptance of inheritance

As mentioned above, accepting an inheritance is a one-sided transaction that can only be completed by a fully capable person.

Acceptance of an inheritance can be carried out in one of two ways:

• formally, i.e. by submitting an application to a notary to accept the inheritance;
• in fact, i.e. by taking possession of a dwelling, accompanied by any actions to manage and use it.

Acceptance of an inheritance by any of the above methods must be made within six months from the date of opening of the inheritance.

The heir's signature on the application for acceptance of the inheritance must be notarized, except in cases of personal appearance of the heir before the notary. In this case, the notary establishes the identity of the heir and verifies the authenticity of his signature, which he makes a note on the application indicating the name of the identity document and the details of this document.

According to Art. 1175 of the Civil Code of the Russian Federation, the heirs who accepted the inheritance are jointly and severally liable for the debts of the testator. In this case, each of the heirs is liable for the debts of the testator within the limits of the value of the inherited property transferred to him.

The testator's creditors have the right to present their claims against the heirs who accepted the inheritance within the limitation periods established for the relevant claims. Before accepting the inheritance, creditors' claims may be brought against the executor of the will or against the estate. In the latter case, the court suspends consideration of the case until the heirs accept the inheritance or transfer the escheated property through inheritance to the Russian Federation. When claims are made by creditors of the testator, the limitation period established for the relevant claims is not subject to interruption, suspension or restoration.

The testator's creditors have the right to present their claims:

• before the heirs accept the inheritance - to the executor of the will or to the estate;
• after the heirs accept the inheritance - to the heirs who accepted the inheritance.

How can you receive an inheritance?

A complete list of rules regarding inheritance of property is enshrined in Section V of the Civil Code.

There are two ways to accept an inheritance:

• in order of priority (by law).
• according to the act of the last will of the deceased (under a will).

In legal practice there is the concept of actual inheritance. In fact, you can inherit in the following way: you need to perform a series of actions that will show that the heir treats the property of the deceased as his own.

In any case, you will have to issue a certificate for the actually accepted inheritance. The privilege is that if the heir does not have time to submit an application within the 6-month period, the notary will not deprive him of the right to inherit, since there was acceptance in fact.

Accept inheritance legally

Based on the analysis of the provisions of Chapters 62, 63 of the Civil Code, we can conclude that according to the law, inheritance occurs in the following cases:

• if there is no will;
• if the will is contested, it is declared invalid;
• if the successors in the will refused the inheritance;
• if the will specifies only part of the property, the rest is transferred by law;
• if the heir under the will died before the testator, or was liquidated if the successor is a legal entity.

Thus, the closest family members are the first to accept the inheritance, followed by more distant ones. Articles 1142-1147 of the Civil Code indicate the circles of relatives that distribute them to one or another queue.

Accept inheritance under a will

By drawing up a will, the testator can change the legal order of inheritance. He can register any individuals and legal entities as heirs, regardless of the degree of relationship. Moreover, the heirs may even be strangers.

A will is a unilateral act. This means that its content is influenced solely by the testator.

. Moreover, any illegal influence on the testator can deprive the heir of the rights to the inheritance and classify him as unworthy, Art. 1117 Civil Code.

What to prefer: donation or inheritance

The question most often arises in people's minds is whether they should give real estate as a gift or leave it as an inheritance.

For this, various factors are taken into account:

• the deed of gift can be challenged, and if a will is drawn up with the help of a notary, then even if relatives are dissatisfied, it cannot be challenged;
• if an object is given to relatives, then personal income tax is not paid, but when transferring an inheritance, relatives pay inheritance tax and pay for notary services;
• If a will is declared invalid due to the fact that the testator was incompetent when drawing up, then his will is not taken into account when distributing property.

Rights of heirs if the apartment is privatized? Watch the video:

Important! To donate an apartment, you will need to correctly draw up a deed of gift, and if housing is provided to relatives, the document may not be certified by a notary, and if the recipient is a stranger or an acquaintance, then it is advisable to carry out the transaction using the services of a notary.

What is the order of succession?

The residential inheritance is distributed among direct legal successors:

1. By will, this is any civil or legal entity indicated in the appropriate column.
2. According to the law, the successors are the relatives of the deceased, classified according to the degree of family affiliation.
3. Actually. Here, residential property will be used by people who lived on the square meters before.

When distributing within the framework of inheritance, they act in accordance with the following procedure:

1. A spousal share is allocated to a residential apartment belonging to the legal, active spouse.
2. They alienate the obligatory share intended for minor children, disabled parents, disabled people who were supported by the deceased in the last 12 months.
3. They check whether a will has been drawn up and whether a residential inheritance is indicated in it. If this is not the case, then the remaining residential properties are distributed according to the law.

This means that the first priority is called upon - parents, children, existing spouses, if the marriage is not dissolved at the time of disclosure of the inheritance case. If there are no immediate relatives or they are unwilling to accept the property, the second stage is involved in the procedure, when siblings become legal successors. If there are no takers in this case, the property goes to heirs from other lines in order. Dependents then enter the inheritance process if they are determined to be incapacitated.

Who has the right to inheritance?

Even if there is an expression of will, unworthy heirs do not have the right to express claims to the residential property of the deceased. If there is inheritance by law, the applicants are persons who have proven family ties with the deceased. Close relationships presuppose blood ties and marital ties. Adoption creates the right to claim residential property, giving adopted children and parents equal rights.

Stepsons, stepdaughters, stepfather and stepmother are included in the seventh line of inheritance, which allows them to claim living rooms if the previous six steps are empty or no one has expressed a desire to become the owner of the values ​​remaining after the death of the testator. Dependents are persons who are unable to provide for themselves due to illness or age (pensioners, minors, minors). The main condition is the presence of documentary evidence that the deceased spent money on their maintenance or lived with them in the same living space.

Rules for obtaining residential real estate

The order regarding inheritance must be written by hand and notarized. It must indicate the date and place of compilation.

When inheriting privatized housing, the following nuances must be taken into account:

1. If the will was drawn up only for a share of residential real estate, the rest of it must be drawn up according to the rules of order of kinship under the law.
2. If there is more than one heir to the apartment, then everyone must buy out their share. In this case, the housing will be considered joint shared ownership. To obtain ownership of the entire property, one of the heirs can buy out its shares from the remaining relatives with their consent.
3. The one who lived with the deceased owner and does not have personal living space will have a priority right over other heirs.
4. If one of the heirs dies, and during his lifetime he did not have time to enter into an inheritance, then his rights will be transferred in order of kinship to the other heirs. This inheritance is called the right of representation.
5. When receiving an inheritance on the basis of law, the fundamental factor will be considered to be the relationship with the testator.

Grounds for inheriting an apartment

Russian legislation provides for two possibilities for inheriting the apartment of a deceased person: by law and by will. In the second case, any person can act as an heir, except in cases where he is recognized as unworthy (Article 1117 of the Civil Code of the Russian Federation).

In law

General provisions regarding inheritance by law are defined in Art. 1141 of the Civil Code of the Russian Federation.

• The calling of heirs to inheritance is carried out in accordance with the queue in which they are located. An exception is provided for citizens who inherit by right of representation (Article 1146 of the Civil Code of the Russian Federation).
• Calling on heirs of the second and subsequent orders to inherit is possible if there are no heirs of the previous order, there was a refusal of the inheritance, or they were recognized as unworthy.
• Inheritance, with the exception of the acceptance of property by right of representation, is carried out in equal shares.

To the heirs of the first priority according to Art. 1142 of the Civil Code of the Russian Federation, include:

• spouse of the deceased;
• children of the deceased;
• parents of the deceased.

In the absence of children, the grandchildren of the deceased and their descendants receive the inheritance by right of representation. If a child is found unworthy, after his death, inheritance by right of representation does not occur.

The spouse of the testator, if the apartment was acquired after marriage, has the right to a share in it in accordance with Art. 1150 Civil Code of the Russian Federation. Based on this article, the surviving spouse has the right to receive a share in the joint property. This includes all property acquired during the marriage, except personal belongings. An apartment received as an inheritance is not included in joint property. However, if common funds or the money of the other spouse are invested in its repair or reconstruction, the latter may receive a share in it.

Adopted children are considered heirs by law. Based on Art. 1147 of the Civil Code of the Russian Federation, upon adoption, children are equated to the blood relatives of the adoptive parent. If the inheritance occurred by one person, one of the adoptee’s parents may retain his rights to receive an inheritance from his blood relatives (clause 3 of Article 1147 of the Civil Code of the Russian Federation). Thus, the adopted person is able to legally inherit the adoptive parent’s apartment and the property of blood relatives.

According to paragraph 2 of Art. 1147 of the Civil Code of the Russian Federation, an adopted person is deprived of rights and obligations in relation to blood relatives when adopted by two persons (a man and a woman).

Article 1148 of the Civil Code of the Russian Federation gives disabled dependents of the deceased the right to inherit an apartment or a share in it. This is possible subject to the following conditions:

• If a citizen is one of the heirs by law, and the last year or more has been supported by the testator, he inherits simultaneously with the heirs of the line called by law. At the time of opening the inheritance, he must be disabled.
• If a citizen is not one of the heirs by law, and for the last year he was supported by the testator while living with him, he inherits simultaneously with the heirs called by law. At the time of opening the inheritance, he must be disabled.
• In the absence of heirs of previous orders, the disabled dependent, subject to the conditions of paragraph 2 of this article, receives an inheritance as an heir of the eighth order.

By will

Article 1118 of the Civil Code of the Russian Federation contains general provisions regarding inheritance by will. These include:

• Only a legally competent citizen can make a will;
• It is not allowed to indicate the will of several persons in a document;
• a will can only be made in person and not through a representative;
• a will is the only way to leave dispositions regarding property in the event of death;
• the orders specified in the document come into force after the death of the testator.

According to Art. 1119 of the Civil Code of the Russian Federation, the testator has the right to dispose of any property, including that which he is just about to acquire (Article 1120 of the Civil Code of the Russian Federation). It can be bequeathed to any persons, including those not included in the number of heirs by law. The will is limited by the right of the heirs to an obligatory share (Article 1149 of the Civil Code of the Russian Federation).

The testator has the right to determine the shares of heirs in an apartment or other property, change or cancel past wills, and deprive the heir of the right to inheritance. He may set conditions that must be met for the acceptance of the bequeathed property.

From Art. 1121 of the Civil Code of the Russian Federation follows:

• a will can be made indicating one or more heirs;
• in case the heir is found unworthy or refuses the inheritance, an heir may be assigned to him, who in this case receives his rights to the property of the deceased.

The execution and execution of the document is carried out in accordance with the rules of Art. 1124 of this Code.

Notary - obtaining a refusal

Since it will not be possible to do without a trial, it is necessary to make preparations for it and, first of all, enter into an inheritance after the death of a privatization participant. Contact a notary and get a refusal! From will be with reference to Art. 48 of the Law on Notaries, and it will look something like this:

The notary has no right to include in the inheritance estate a share in the ownership of an apartment in respect of which the title document was not registered in the manner prescribed by law. (Article 48 of the Law of the Russian Federation - “Fundamentals of the legislation of the Russian Federation on notaries”)

The main thing for which you need to contact a notary is to obtain the status of an heir. As I remember, this can be done within six months after the death of the testator, then you will have to restore the deadlines for accepting the inheritance in court or prove that the inheritance was accepted in fact.

Is it possible to file a claim directly in court without a notary?

In my opinion, the situation with a notary simplifies the process of making a decision by the court. Although, within the meaning of the legal norms given below, one can simply supplement the requirement to establish the fact of acceptance of the inheritance after the death of the testator. Since the residence was shared, this will not be a problem:

The heir's performance of actions indicating the actual acceptance of the inheritance should be understood as the commission of actions provided for in paragraph 2 of Article 1153 of the Civil Code of the Russian Federation, as well as other actions for the management, disposal and use of inherited property, maintaining it in proper condition, in which the heir's attitude to the inheritance is manifested as to your own property. Such actions, in particular, may include: the heir moving into the residential premises belonging to the testator or living in it on the day of opening of the inheritance (including without registering the heir at the place of residence or place of stay), the heir's processing of the land plot, filing a lawsuit applications for the protection of their inheritance rights, requests for an inventory of the testator's property, payment of utilities, insurance payments, reimbursement from the inherited property of expenses provided for in Article 1174 of the Civil Code of the Russian Federation, other actions regarding the possession, use and disposal of inherited property. Moreover, such actions can be performed both by the heir himself and by other persons on his behalf. These actions must be completed within the period for accepting the inheritance established by Article 1154 of the Civil Code of the Russian Federation.

clause 36 Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 N 9 “On judicial practice in inheritance cases”

It is recognized, until otherwise proven, that the heir has accepted the inheritance if he has performed actions indicating the actual acceptance of the inheritance, in particular if the heir: - has taken possession or management of the inherited property; - took measures to preserve the inherited property, protect it from encroachments or claims of third parties; - incurred expenses for the maintenance of the inherited property at his own expense; -paid at his own expense the debts of the testator or received funds due to the testator from third parties.

Clause 2 of Article 1153 of the Civil Code of the Russian Federation

How to divide a privatized apartment without a will?

Ownership rights are distributed according to the following principles:

1. The marital share is not included in the estate.
2. Mandatory heirs are called upon to inherit, whose part is alienated as a priority.
3. Next, priority applicants are involved in the process. If they are absent, the next in line will be called upon.
4. The unit of measurement for living space is the square meter.
5. Persons in the same line of succession receive equal shares.
6. It is allowed to issue a refusal in favor of other applicants from any level of relationship.
7. When the refusal is unaddressed, the principle is applied in accordance with paragraphs 3-5 of this list.
8. If the direct heir died earlier or at the same time as the testator, the residential premises are transferred to other first-priority successors.
9. If the heir died after the disclosure of the inheritance case, but did not have time to complete the re-registration, the rights of inheritance are transferred to his relatives or to the person indicated in the will as the sole successor.

This is possible if the declaration of will was not formalized, was drawn up with violations, does not have notarization, is declared invalid, not concluded, or has lost legal force.

According to the rules of inheritance of residential premises, real estate passes into the possession of relatives classified by family proximity to the testator. When determining the position, the number of births separating him from the beneficiary is taken into account. Relationships at the “child-parent” level involve one knee. Between grandchildren and grandparents there are already two. Relatives have advantages over cousins

It doesn’t matter whether there is a direct family connection, since marriage gives the husband and wife all the rights to be considered representatives of the clan

Former wives and husbands do not have the right to inherit residential areas if the marriage is officially dissolved. Possession of a valid marriage certificate is sufficient grounds for inclusion as potential beneficiaries. So-called common-law spouses enjoy the possibility of inheritance if they lived in a house or apartment, paid expenses associated with maintenance and repairs, and maintained a joint home at the address assigned to the residential property from the inherited property. Adoption is also a sufficient basis for participation in an inheritance case on the rights of children or parents of the deceased.

After the alienation of the marital and obligatory share and the seizure of objects transferred by will (if there is one), in addition to residential and non-residential buildings, houses, apartments and other real estate, all property is divided by relatives. The primary legal successors are immediately involved in the inheritance: son, daughter, mother, father, wife, husband. The absence of such or reluctance to use living quarters is a reason for calling the second line: brother, sister, grandmother, grandfather. Under the same circumstances, applications from uncles and children who form the 3rd stage are accepted.

Then the great-grandparents and great-grandfathers take part in the inheritance procedure, and then the grandson, granddaughter, grandparents, great-grandson and great-granddaughter, niece and nephew, uncle and aunt. We are talking about cousins ​​(4,5,6 lines of inheritance). The 7th line includes a stepdaughter and stepson, a stepfather and stepmother. The 8th position in the list is reserved for disabled persons who were dependent in the last year before the death of the testator. In this case, you do not have to be a relative of the deceased to receive housing. The last representative is the state.

Marital share

This is the part of the home that belongs to the existing husband or wife on the basis that the property is jointly owned. Each is entitled to half of the property, unless another distribution is provided for in the marriage contract. The marital share does not include property received as a gift or purchased before the wedding. Then the living spouse participates in the inheritance on a general basis. Otherwise, ½ of the living space already belongs to him, and part of the remainder will be transferred by inheritance, since the co-owner is the heir of the first stage.

Inheritance of privatized residential premises

In accordance with the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation,” residential premises of state and municipal housing stock can be privatized by the citizens living in them. In this case, housing can be acquired into the ownership of one citizen (individual) or into the ownership of several citizens (common). It should be noted that the process of privatization of the housing stock ends on March 1, 2016.

Inheritance of privatized residential premises that are individually owned is carried out in accordance with the general procedure. At the same time, the transfer of ownership of a residential premises does not depend on whether anyone lives in this area or not. Another thing is that housing may be burdened with the rights of citizens who have the right to use the residential premises (family members of the former owner, lifelong users and some others). In this case, the heir is obliged not to interfere with the exercise of their right of use.

In practice, the issue of inheriting residential premises privatized by only one spouse is resolved ambiguously. There have been cases where such dwellings were recognized as the common joint property of spouses. With the entry into force of the Family Code of the Russian Federation on March 1, 1996, such cases became much less frequent, since this legislative act clearly indicated that property received by one of the spouses through gratuitous transactions is his property (Clause 1, Article 36). In case of disagreements regarding the emergence of property rights in one of the spouses, when the other spouse considers his rights to be violated (for example, his refusal to participate in privatization was obtained fraudulently or the other spouse forged his signature on the application for refusal to participate in privatization, etc. .p.), an agreement for the transfer of residential premises may be declared invalid by the court on the general grounds established by civil law for recognizing transactions as invalid.

It should be noted that the above provision applies only to privatization carried out under the Law of the Russian Federation of December 23, 1992 “On Amendments and Additions to the Law of the RSFSR “On the Privatization of Housing Stock in the RSFSR”.

According to the previous version of the said Law (dated July 4, 1991), the transfer of housing was carried out in the so-called combined method (free of charge and to some extent compensated). Neither the legislator nor judicial practice has yet given an unambiguous answer to the question of what type of property right arises if the transfer agreement was concluded with only one person. It can be stated with greater confidence that if privatization took place with the payment of certain sums of money, then in this case the common joint property of the spouses arises, but if the transfer took place free of charge, then the subject of property rights is the person with whom the agreement was concluded.

Privatization of residential premises into shared ownership means that all its participants have certain shares. As a rule, the shares are specified in the agreement, but if the shares are not specified, then they are recognized as equal.

And one more feature of the inheritance of privatized residential premises should be paid attention to, more precisely, those that are not even privatized, but are in the process of privatization. We are talking about cases where citizens submitted applications for the privatization of residential premises, but died before registration and state registration

The Plenum of the Supreme Court of the Russian Federation in Resolution No. 8 of August 24, 1993 “On some issues of application by courts of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” noted that if a citizen who submitted an application for privatization and the necessary documents for this died before execution of an agreement for the transfer of residential premises into ownership or before registration of such an agreement, then in the event of a dispute arising regarding the inclusion of this residential premises or part of it in the inheritance estate, it must be borne in mind that this circumstance in itself cannot serve as a basis for refusal to satisfy demands of the heir, if the testator, having expressed his will during his lifetime to privatize the occupied residential premises, did not withdraw his application, because for reasons beyond his control he was deprived of the opportunity to comply with all the rules for preparing documents for privatization, which he could not be denied.

Inheritance of a privatized apartment by law (Chapter 63 of the Civil Code of the Russian Federation)

Without a will, the home is inherited according to the established order. The main factor is the presence of family ties. The Civil Code of the Russian Federation establishes the queue of successors in Articles 1142-1145, 1148. The relationship of applicants must be certified by law.

If there are no heirs in the previous queue, the rights are transferred to representatives of the next one. And so on from 1 digit to 8.

Attention! Property is distributed in equal parts among applicants within the same queue. If there is only one applicant in the active queue, he gets everything

Privatized apartments, as a rule, are registered in the name of all those living in them, that is, there are several owners. Therefore, after the death of a co-owner, only his share in the total area is taken into account for inheritance.

Are non-residential premises inherited?

A non-residential property is considered to be a separate property created that meets all the criteria and is used for industrial, administrative and other purposes, with the exception of the continuous presence of people.

Since modern legislation does not have a specific definition of non-residential premises, this topic is of both scientific and practical interest to modern researchers.

According to Article 1112 of the Civil Code of the Russian Federation, movable and immovable property, as well as property rights that once belonged to the deceased, can be inherited.

Such premises, being essentially immovable property, can easily become an object of inheritance.

IMPORTANT: To register real estate, the applicant must first confirm his right to inheritance. Article 1118 of the Civil Code of the Russian Federation regulates the process of transferring rights to property in the presence of a will, but if there is no will, then the transfer of rights will be determined by Article 1141 of the Civil Code of the Russian Federation. It is there that the basic rules of inheritance are listed

Close relatives - family members of the deceased, such as spouses, parents and children, have priority rights to inheritance. The second stage includes close non-blood relatives, and the third stage includes cousins, as well as aunts and uncles.

It is there that the basic rules of inheritance are listed. Close relatives - family members of the deceased, such as spouses, parents and children, have priority rights to inheritance. The second stage includes close non-blood relatives, and the third stage includes cousins, as well as aunts and uncles.

Inheritance by will

Privatized residential real estate under a will can be received by those persons who were listed by the testator in the document. The obligatory share of the inherited property will go to minor children and disabled children who have reached the age of majority, the spouse and parents of the testator who do not have income. They receive the right of inheritance, even if they are not indicated in the will.

Expert commentary

Potapova Svetlana

Lawyer

These persons have the right to the share that would have been given to them if they had inherited it by law, in accordance with Art. 1148 Civil Code. This part of the housing is called the obligatory share. If there is a will, it leads to a decrease in the inherited residential property of those whom the testator included in the document.

State registration of rights to real estate

Housing is classified as real estate. Rights to real estate received as an inheritance are subject to state registration in Rosreestr. You need to contact him after the notary issues a certificate of inheritance to your successors.

State registration of housing is regulated by the Federal Law (federal law) “On state registration of rights to real estate and transactions with it.” It is understood that the state must recognize the transfer of rights to real estate.

The state registration procedure is mandatory if the heirs plan to make transactions with housing.

After receiving a certificate of inheritance from the notary’s office, each successor applies with the necessary documents to the local body of Rosreestr (Federal Service for State Registration, Cadastre and Cartography), pays a fee, and after the period of time specified by law receives the necessary documents. These, among others, mean a certificate of state registration of rights to real estate.

Inheritance of privatized housing

You can inherit privatized residential real estate using 2 methods: legally and in accordance with the will drawn up by the deceased owner.

If the owner did not have time to make a will or did not consider it necessary to do so, relatives can inherit the housing according to the order of kinship or if they have a residence permit in the inherited apartment.

If the inheritance procedure is carried out according to a will, kinship will not play a role. The apartment will go to the person whom the deceased owner indicated in the official document.