According to the Constitution of the Russian Federation, a person may be deprived of his property only by a court. But one other authority cannot arbitrarily deprive a person of his property. Most often this question arises in connection with real estate. However, even if the person does not live in the apartment and not registered to her, he still remains the owner with all rights and responsibilities.
The basis for deprivation of property rights may be the following: confiscation, requisition, repossession of property for the obligations of the owner. That is, the property can be selected as dishonestly acquired by a court judgment or taken away for debts. For example, if the man took the money in the debt on a mortgage secured by existing apartment and could not fulfill their obligations, the apartment is taken in favor of the Bank. However, this is an extreme measure. As a rule, even banks are making concessions and prefer to renegotiate than to take property. In addition, if in the room live is a minor, the dispossession and eviction is carried out only with the permission of body of guardianship and guardianship and it is granted only if the children have different housing.
In some cases, the right of ownership of the property is taken in favor of the state. This occurs if, for example, the living room needed for placement of objects of state or municipal significance. In this case, the owner must pay compensation amounting to the market value of housing at the moment.
The question often arises of depriving of ownership of the apartment and eviction in non-payment of utility bills. However, under article 236 of the Civil code, people can only voluntarily give up the right of ownership to any property, deprive of his home and evicted by force, nobody has the right. If the apartment is not privatized, the eviction is carried out in a hostel in the smallest area.
Advice 2: How to deprive the rights to the apartment
At the opening of the inheritance right to the estate of a deceased be given to the heirs at law or legatees. If there is a bequest, in addition to the persons mentioned in it, binding share moves disabled heirs of the first stage. These provisions are contained in the succession law of the civil code. To deprive any of the heirs of the right of property in a particular case are requested to take certain actions.
The testator may dispose of his property during his lifetime and unsubscribe to belong to his flat to any person. In this case, the inheritance will occur in declared bequest. However, this rule has exceptions. If on the day of death of the testator, he had disabled parents, children or spouse, they are required to receive a share of the inheritance. Moreover, this share will be half of the part that they would inherit by law without a will.
However, this provision has one feature – the mandatory share of priority stands out from the rest, not mentioned in the will of the property of the testator (if any). Thus, to deprive unworthy in your opinion his heirs the rights to the apartment, it is not enough to make a will for another person. It is necessary to exclude the possibility of a compulsory share the right to the said property. To do this, you should stay nezavisimym part of the property (cash deposits, automobiles, securities, etc.). In this case, the right to a compulsory share does not extend to the apartment.
When you have difficulties or impossibility of implementing such a division of property, consider registration of the contract of life rent on an apartment with the person you chose as your heir. Such an agreement implies that your life annuity of the rent payer, you also retain the right of residence in this apartment. Issuing the annuity and receiving monthly payments, you can be sure that your apartment will not depart unwanted heirs. Since the right of ownership of the property passes to raintoday at the time of registration of the contract.
Another way to deprive the heirs of the rights to the apartment may be the option of selling or gifting the property. And to avoid invalidation of the relatives after your death, the option of registration of purchase and sale is preferable. As a deed of gift, as gratuitous, is more likely to be challenged in court.