Advice 1: How to sell his share of the inheritance

When you inherit property need to be sharing and selling. There are a number of rules that reglamentary the inheritance and sale of common property. In particular, we are talking about the right to preemptive redemption.
How to sell his share of the inheritance
You will need
  • - certificate of inheritance;
  • - a document confirming the right of ownership;
  • - written notification to other owners about the sale.
Instruction
1
When making a will the property owner to independently and voluntarily distributes it among his heirs. When the property owner died intestate, his estate passes into the common ownership of the heirs according to order of priority. They should exercise their right of inheritance for 6 months, otherwise will be forced to challenge his right of property in a judicial order.
2
Division of property can be made by agreement of the parties or in court. After partition, the successor is entitled to sell his part of the inheritance or to dispose of them at own discretion. After receiving of property by inheritance, we will issue the first certificate on the inheritance, and then rewrite the inherited property in his name in the Department of the Federal registration service.
3
If you have any desire to sell his share of the inheritance, you must know that the owner of the second property establishes the right of its pre-emptive. For example, if you and your brother inherited a one-bedroom apartment, the brother has priority right to purchase this apartment.
4
If you want to sell your share in the inherited property, first, inform the intention of the owner of the second share of the inheritance. And do it in writing, indicating the price and other terms of sale. If he refuses to buy, fixing it in writing, or will not acquire a sold share within one month from the date of receipt of the message on sale, you can sell your share to another person. In case of violation of pre-emptive rights the second owner of common property may for three months to demand in court the transfer to it of the rights and obligations of the buyer.
5
However, the right to preemptive redemption for indivisible property. If there is technical possibility to allocate a share in nature (for example, to allocate part of the land), the consent of the other owners in the sale not necessary.

Advice 2: How to refuse from the share in the apartment

If privatization took place, and the dwelling is jointly owned by several persons to renounce their share in the apartment by the registration of the contract of purchase and sale or donation on this share. In the failed privatization of enough to write a rejection of it. If the share belongs to you by inheritance and ownership of it has not yet been issued, do not share in favor of other heirs. If you don't want to do paperwork, not just claiming their rights to inheritance. Your share will automatically go in favor of other heirs.
How to refuse from the share in the apartment
You will need
  • -identity documents of all parties involved
  • -documents of title to the apartment
  • -notarized authorization for the transaction from all owners
  • -reference from place of residence about all registered in the apartment
  • -new technical document to the apartment
  • -notarized contract of sale, grant or refuse a share of inheritance
  • -document about payment of state duty for the transaction and the registration
  • -in the presence of minors or incompetent owners permission for the transaction from their legal representatives
  • -the disclaimer in the privatization notarized
Instruction
1
If you are the owner of a share in the apartment along with other persons and the certificate on the property, decorated, then make a contract of sale or deed of gift to his share. For this it is necessary to take legal action.
Call a technician from BTI. On the basis of inspection of the apartment will give you her new passport.

With all the owners of the apartment will contact the notary to notarized permission for donation or sale from all owners.

The notary will draw up a contract of sale or donation by the person in whose favor you give up your fair share.
In the registration center for registration of real estate register the deal and complete the certificate on the property on the person in favor of whom you refused your share.
2
If the apartment is not privatized and evidence about the General share property is not, simply write a statement renouncing privatization and assure him of a notary.
3
If the share in the apartment belongs to you by inheritance, and the certificate on the property, decorated, then make a contract of purchase and sale or donation to the person to whom you want to give up their share. Method of transaction listed above.
4
If you have stated their rights to the inheritance, but a certificate of ownership has not yet been issued, will issue a notarial contract renouncing his share in favour of other heirs or in favour of a particular heir.
5
If the right of inheritance to a share in the apartment is not declared, then don't claim them. After 6 months, the share in the flat will automatically share between the other heirs.

Advice 3: How to apply for their share of the inheritance

One can become heir under the will or by law. Any right of inheritance must submit an application to the notary about the desire to accept the inheritance within 6 months from the date of death of the testator. If inheritance is a will, each heir receives his share according to his will. If there's no will or inheritance is made by law, all property is divided among the heirs equally.
How to apply for their share of the inheritance
You will need
  • -passport
  • -statement
  • -certificate of testator's death
  • -certificate from the place of residence of the testator
  • -a document confirming the kinship with the deceased
  • -the will (if any)
  • -documents of title to immovable property
  • help BTI on the value of the property and the plan of the building or apartment
  • -extract account
  • -excerpt from the book
  • -certificate from tax inspection
  • -a certificate from housing Department
Instruction
1
To obtain their share of inheritance, after the death of the testator to apply to the notary at the location of the most valuable part of the inheritance. Write a statement about the desire to enter into the rights of the heir and to submit documents for inherited property, the documents of the testator and proof of relationship to the testator. To do this, you should not later than within 6 months from the date of death of the testator. If this time skip, then take his share of the inheritance will be possible only in a judicial order.
2
After the documents are submitted to the notary, he gets the estate and after 6 months gives each heir certificate of his share of the inheritance. It needs to be registered at the registration centre and to obtain the ownership certificate. But all this happens when the heirs can agree on the division of the property peacefully.
3
If the heirs cannot agree among themselves, and someone believes that he laid a large share, it must submit an application to the court on the division of the inheritance among the heirs in court.
4
If the inheritance feature will and it contains only names, which can inherit property, it is divided among the heirs voluntarily or through the courts. If one of the heirs does not want to join the law of inheritance, he writes a letter of refusal to accept the inheritance, and indicates in whose favor to transfer his share, and if not points, then his share to be divided among all the heirs equally.
5
The certificate of inheritance cannot be obtained after 6 months in that case, if the light should have another heir, who was conceived during lifetime of the testator. In this situation, all the heirs are forced to wait for the outcome of childbirth, and only then to divide the inheritance.
6
In cases where a will is drawn up, the heirs specified in the will but not listed minors, incapable or partially capable, then they have a right to a share of inheritance, regardless of the fact that in the Testament they are not mentioned.

Advice 4: How to sell part of the land

The land owner has the right to divide it into parts and sold. A section of a single allotment is carried out according to the Land code and the law on land surveying. To make the sale, you need to prepare the documents and contact PPRC.
How to sell part of the land
You will need
  • - your passport;
  • - notarized authorization;
  • - documents for the land plot;
  • - agreement of purchase and sale;
  • - the act of transferring;
  • - the statement in FPRZ;
  • receipt of payment for registration.
Instruction
1
If you plan to sell a part of your own site, you'll need to carry out the procedure section to obtain two or more separate plots. Any section of land is a procedure of delimitation and registration of the resulting parts of the land.
2
If the land have ownership of several persons, and, if you are married and the land was acquired during the marriage, obtain written consent from the other spouse and all owners to conduct partition.
3
To conduct call survey engineer at cadastral works on the basis of the works will receive a package of documents and register them in FUSCH. A section of a single plot you will be allowed to produce only if the new plots will correspond to the minimum area of landprovided in your area and get one side into the street, where is located a house. If you do not get this method to produce a section, for example if a large part of land adjacent to a field or vacant lot, the sale of land impossible.
4
If you made a section and registered a new land in FUSCH, you are going to get the cadastral extract for the registration of ownership rights on newly created allotments. For this we turn to the Registrar a statement and cadastral extracts. Only land owned by you can sell.
5
Selling the newly created plots is carried out according to the General rules. You can enter into a contract with a real estate Agency providing services selling and paperwork or do it yourself.
6
If you have found a buyer educated on the shares, it will draw up a contract of sale, the document of transfer and acceptance and submit them to PPRC for registration of ownership rights to their customers.

Advice 5: As the heirs to sell the apartment

The basis for the purchase of property may become the inheritance of the apartment under the law or Testament. To sell the inherited share can be after the inheritance, when it will be issued a certificate based on which is registered the right of ownership.
As the heirs to sell the apartment
You will need
  • - documents for the apartment;
  • - documents for acceptance of inheritance;
  • - certificate of inheritance;
  • - certificate of ownership;
  • - documents for the transaction of purchase and sale.
Instruction
1
If the deceased did not leave a will that specifies who will own the apartment, the property was divided by law among all heirs (article 1116 of the civil code). To get the inheritance, it should be taken.
2
Acceptance of the inheritance is carried out by application to the notary office at the place of residence of the testator or at the location of the apartment. Present the notary documents on the apartment, the death certificate of the deceased, your passport, proof of relationship to the deceased, a marriage certificate if you or the deceased the surname was changed upon entry into a valid marriage.
3
To apply for acceptance of inheritance, you shall, within 6 months from the date of death of the testator. If you did not, are deemed missing, and to restore them you will have in court, proving the importance of the reasons for the delay.
4
The notary will open the case of inheritance. After 6 months, all the heirs will receive the certificate of inheritance. On the basis of this document you will be able to register ownership rights to their share of property in the Federal Office of the state registration of the center and then have the right to sell it.
5
If all the heirs are for sale, divided into shares in percentage apartment sell. The cash proceeds divided among the heirs in accordance with shares received of the inheritance.
6
The apartment, resulting in lobes, decorated in nature, you can sell it yourself, without asking permission from the other heirs. But in accordance with article No. 250 of GK of the Russian Federation at first a part of the sold property, you must offer to other owners, whom were the heirs. If one month none of the heirs did not wish to buy it on your terms, you have the right to sell it to another person.

Advice 6: How to rewrite a share in the apartment

It frequently happens that one apartment has several owners, each owning its shares. To transfer a share of the apartment to another person, its owner must make that person the owner, execute the contract of donation. To rewrite a share of the apartment are insufficient, the contract giving the appropriate to assure and to register.
How to rewrite a share in the apartment
You will need
  • - certificate of registration of ownership of the share;
  • - extract from the house register;
  • - the cadastral passport;
  • permission of the guardianship;
  • - passports of participants of the transaction;
  • - the contract of donation.
Instruction
1
Prepare a package of documents, proving your ownership share in the apartment. You will need the registration certificate of ownership, extract from the house register of the property, which is share. You want to include in the documents the original and a copy of the cadastral passport. If the owner is married, attach a notarized statement of the spouse (spouse) that he or she has no objection to transfer the share to another person. Will also need documents certifying the identity of the parties to the contract.
2
Make an agreement about the proportion of the donation. A sample of this document can be obtained from the Federal service of state registration in your area. If the training contract is causing you trouble, seek help from a qualified lawyer. In the contract or its Annex will reflect, how do you assess the percentage of real estate is subject to donation and specify who will pay for the deal.
3
Get legal advice if the deed of gift are you going to make a person who need control of bodies of guardianship and guardianship. In particular, for the donation of the apartment share a minor requires the consent of these bodies. When making the donation contract, all parties to the transaction should be viable.
4
If you are going to rewrite a share in the apartment, which is still subject to a mortgage, obtain the consent of the Bank. In the absence of documentary consent of the creditor, the contract of donation will be invalid.
5
The written contract will be issued in the presence of a notary. Notarization of the contract of donation required by the Civil code of the Russian Federation. Before signing the document again, carefully read its contents, find a notary, those aspects of the transaction, which are essential for you value. Agreement register in the Federal registration service for the area where the apartment is located, which contains the share, be giving.

Advice 7: What distinguishes common property from equity

Property in the widest sense – the system of changing relations between people in the process of production, distribution, exchange that characterizes the appropriation of the productive resources or consumer goods. Property is the assignment or finding anything in their power, or affiliation.
What distinguishes common property from equity

Equity and joint property



Common property is any property that belongs to several people on equal rights. It is of two types – equity and joint.Fractional ownership – property owned by multiple entities, which clearly and mathematically determines each member's share of ownership. In this case, refers to the share of ownership as an abstract expression, to facilitate the designation of the shares in reality. If the proportion of subjects cannot be determined by law and is not established with the agreement of the parties, they are considered equal.

Decisions regarding the share taken by the owners separately. Everyone has the right to dispose of his share as he should – he can sell, give as a gift, pledge, subject to mandatory compliance with the norms and rights of purchase of transfer of the property.

Joint property – property owned by multiple entities, but which are not defined share. Any decision on the ownership is made only when the common agreement. If the disposal of the joint property without complying with the necessary powers on the General agreement, it can be declared invalid at the suit of the other owners. Partition of such property is only possible after determined the proportion of each.

The pros and cons of shared and common ownership



If expensive property is in common ownership, it is easier to contain, as the responsibility of all owners, regardless of their desires. However, the content property will be easier if the property is in shared ownership – its contents can be carried out in proportion to the shares.

When buying property in unequal financial participation, common property can be disadvantageous because the responsibility belongs equally to all subjects. This can increase maintenance costs. When you share a property which is in shared ownership, it is necessary to conclude the contract of joint use. Everyone has the right to sell his share of property without the consent of the other owners. Section of common property or a partial sale is possible only in case, when they indicated the share of each. For registration of inheritance on common property also requires the designation of a share, subject to several heirs.

Advice 8: How to sell portion of the site

The area outside of town is now becoming a good acquisition. It is no secret that many of them have multiple owners. Therefore, the purchase of shares of the land plotbeing in common ownership, became commonplace. It is only necessary to make the contract of purchase and sale and related documents.
How to sell portion of the site
Instruction
1
Get for processing the transaction in the sale of shares of the refusal of the owners in the pre-emptive right to purchase the share of the land plot. Thereby expanding the list of required documents for registration of the sale in the future.
2
Specify the shareholder the cost of selling shares. Note that in case of refusal from pre-emptive purchaser (s(-a) plot) of the transaction, the share price can not be changed. In case of violation of these terms and conditions any participant in shared property gets the right within 3 months to claim in court the transfer to it of the rights of the buyer. If the owner is entitled to sell his share, the buyer and the seller conclude the contract of purchase and sale of shares in land held in common ownership, in the same order as in the contract of sale and purchase of land plot.
3
Prepare to make a sale of share documents. These include: the certificate on the state registration in the share of the land plot and buildings on it (if any), legal documents (purchase and sale, inheritance, donation contract, etc.), an extract from the cadastral passport of the land. After the transaction, the new owner must register it in the registration service. For example, the implementation of the share in the ownership of the land (in the village), when it (the site), there are no properties should be provided at the conclusion of the contract of purchase and sale documents, which define the details of the expropriated plot, namely: cadastral number, category, permitted use, total area, location, in addition to its price and other essential terms that are important to the parties. All real estate investors are in common ownership and have priority right to purchase the shares at this value and under equal conditions, except in the case of implementation of a public auction.
Note
Contract-sale of land shall be made in writing. It is signed by both parties to the agreement. Notarized is optional.
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