You will need
- - passport,
- - notary notice of second owner
- - documents of title to the share
- - notarized authorization from all co-owners, if the share belongs to several persons,
- - the decision of bodies of guardianship and guardianship, if the co-owners are minors, incapable or partially capable persons
- - agreement of purchase and sale,
- - the act of transfer and acceptance,
- registration of ownership rights to buyers.
Verbal warning second owner of an apartment is not enough, unless he has expressed a personal and voluntary desire to buy a second share. If an owner is not defined or prevents the sale of unauthorized persons, it is necessary to draw up a notarial notice of sale and send it by registered mail with delivery to the addressee and an indication of the inventory of the contents of the letter.
One month after the notice delivery to the addressee, in his default, the apartment can be sold to a third person without the permission and consent of the owner of the second fraction.
For sale need to collect a number of documents, which include: the extract from the cadastral passport of their shares, a copy of the cadastral plan, a notarized authorization of all owners if a share was formalized in the joint property with other persons. If the share have a right of ownership by minors, incapable or partially capable persons, according to article No. 28, No. 29 of the civil code will require a decision of bodies of guardianship and guardianship to permit the sale of shares.
Next is the conclusion of the contract of sale, which can be issued by a notary or in writing by hand. If the contract is drawn up by a notary, a specialist will take into account all the items that are included in this document.
If a contract of sale is concluded in a simple written form that is not contrary to the law in accordance with article 550 of the civil code on the drafting of contracts for sale of apartmentsdivided into shares. The written agreement must take into account all the laws, statutes and acts of the Russian Federation at the time of signing of the document in accordance with article 421 of GK of the Russian Federation No. 420 of GK of the Russian Federation No. 549 of the civil code.
In accordance with article 317 of the Treaty should specify the price, article No. 317, No. 555 – square, article № 292, No. 558 – a list of users of housing. Therefore, if the seller is not sure he will be able to compose a document in accordance with the requirements of the law, it is better to use the services of a notary. If the contract is made correctly, it can be considered negligible in accordance with articles No. 2965 of the civil code, No. 3075 of the civil code, cap RF cap. 24, No. 292 Chapter 18 of the civil code.
After the contract of sale to execute the act of acceptance-transfer and register rights of ownership to buyers in accordance with Federal law registration No. 122-F3. Transactions are registered at the Federal registration centre for unified registration of real estate and transactions with it.