You will need
- the contract of sale(exchange, gift)
- receipt about payment of state duty
If you need to restore the certificate of ownership of the apartment, whose owner you are, you need to go to the territorial Department of the Federal registration service. Write a statement to restore the rights of ownership of the apartment, please indicate when and how it is evidence you have lost. Don't forget to bring your passport and the contract of sale (gift, exchange). You will also need to pay the state fee.
After some time (usually it takes not more than a month) you will receive an extract from the Unified state register of rights (if certification was received after February 1, 1998), then you will be given a copy of the certificate of ownership of the apartment lost it. In duplicate fully reproduces the text of a lost original. At the top of the text is marked "lost", and below it is certified by a certifying inscription, which contains important information: reasons for and date of issue, information about the applicant, etc. In duplicate shall contain the date of issue and number of the lost document.
In a situation when he lost his testimony of common ownership, then all owners need to contact their local Department of registration service statements and passports. The order of restoration is the same as in sole possession of the apartment.
In case of loss or theft of the certificate of ownership of the apartment and other legal documents, you definitely need to take precautions: apply to bodies of internal Affairs and the local Department of unified registration office a statement about the loss of the document. Also come to the courts with a statement indicating the prohibition to make any transactions with your assets. Be careful, lost documents can be exploited for personal gain.
Advice 2: How to restore certificate on the property
Any lost documents restore that organization or office that issued them. To restore the certificate on the property right must apply to the state registration center unified registration of transactions with real estate and registration of rights to it.
You will need
- -passport for all owners
- -a statement from all owners
- -agreement of purchase and sale
- -the cadastral passport
- -receipt of payment for change document
If you need to restore the certificate on property that you owned individually, contact state license real estate center. Write a statement indicating that the certificate is lost, causes of loss, and the time in which it was lost. Present the contract of sale and passport. You will make an extract from the unified state register and issue the certificate on the property in exchange for the lost document.
If you have a contract of sale, contact to the notary office where it was issued. Write a statement about the loss and issue of duplicate. Then proceed as described above. Sometimes in the registration center is not required to submit the contract of purchase and sale, and issued a document on the basis of available information.
If the lost testimony about common ownership, to apply and identification documents should all owners. On the basis of the application of the Treaty, and extracts from, EGPR you will be given a document of ownership.
In case of loss of certificate of ownership of land which is in sole possession need to submit a cadastral passport, statement, receipt or receipt of land and identity document. You will draw an extract from the unified state register and issue the document to replace the lost certificate.
In case of loss of certificate of common ownership, a statement must treat all owners and to submit the same documents as in the sole possession.
Advice 3: How to restore the contract of purchase and sale
The conclusion of the contract of purchase andsale is essential when selling real estate. This document is governed by many laws. In particular, it must meet the requirements set out in article 550, 421, 420, 549, 432, 554, 317, 555 of the civil code. In accordance with the laws of the Treaty is the obligation of the parties to meet certain conditions and promises, but the promises do not imply their unconditional implementation, so the transaction is subject to mandatory state registration in the text of article 131 of the civil code. If the document is an agreement between the buyer and the seller of the property lost, to restore it you need to follow the law.
You will need
- request to OPGRC;
- - contact the notary;
- to contact the BTI;
- IN OFRCZC.
Direct registration transaction is carried out in the Federal registration of the centre in accordance with the Federal law 122-F3. This law came into force on 31 January 1998. The right of ownership of real property occurs with the moment of state registration (article 8 of the civil code). You should also consider the fact that the civil code does not require mandatory notarization of the contract of purchase andsale. These changes occurred in a number of articles of the civil code, which regulate the conclusion of this document and entered into force on 1 January 1996.
Proceeding from all above-mentioned laws, you can make the final conclusion that the contract of purchase andsale is not valid without the state registration of property rights. In this procedure, are submitted all the original documents that are in the transaction and copies remaining at recentre as a confirmation of the transaction, and giving rise to the registration of a certificate of title.
Therefore, if the contract of purchase andsale was signed before 1 January 1996, then restore it very simple. For this you need to make a request to the notary's office, which was this document, to pay 100 rubles to get a duplicate of the contract. Moreover, until January 31, 1991 agreement of purchase andsale was the only legal instrument confirming that a property is owned.
If you need to restore the contract of purchase-saleconcluded after January 31, 1996, there are two ways. The first is to go to a notary office if the contract was notarized and obtain a duplicate. Second – contact the Office of the Federal registration service of the statement and obtain a certified copy if the contract was concluded in written form.
If the contract of purchase andsale concluded during the period 1 January 1996 to 31 January 1998, when entered into force the law on conclusion of contracts in the simple written form, but not yet a law on obligatory state registration of property rights. In this case, lost the contract, can only be restored by obtaining photocopies from the seller of real estate with the updated signatures from both parties or to request information about the owner of the BTI. When requesting a BTI can confirm ownership of the property, but not to duplicate or copy of the contract. The same applies to land. To verify ownership, please contact the Federal chamber of land registration, cadastre and cartography, but to get a duplicate or copy of the contract impossible.
That is why, despite the amendments adopted on the conclusion of the contract of purchase andsale in the simple written form, it is better to sign it at the notary, which will give an opportunity at any time to duplicate. And besides, a professional lawyer will give all the guarantees of correct formatting of the document and will take into account all the paragraphs in which the transaction can be declared invalid in accordance with the civil code of the Russian Federation No. 2965, 3075, Chapter 24.
Advice 4: How to recover the evidence
The documents accompany a person from the moment of his birth. The first of these is the certificate of birth that later is issued a pension certificate, on marriage and others. Lost papers can be restored in public institutions, which are authorized to give them.
Don't worry if you have lost the certificate of the veteran of work. The procedure for obtaining the duplicate is regulated by the Instruction about the procedure for filling, issue and registration of certificates of the veteran of military service and the veteran of labor (approved by the RF Government Decree of 27 April 1995, No. 423). Contact the Department of social protection at the place of residence. Bring your passport, work book and photocopies of all pages, provide a certificate of General experience (it can be recovered in the RF pension Fund), one photo 3X4, medals, awards, distinctions, if any, and documents or their copies confirming receipt of the title of "Honored teacher", "Honored power engineer", "Specialist class". Refer to the archives, where you can get help that being a minor, has begun to work during the great Patriotic war of 1941-1945. A duplicate, you will be given during the month after treatment.
Please contact the Registrar at the place of residence, if you need to restore the certificate of marriage or its dissolution. Complete an application addressed to the head(th), enter personal details, the date of the execution of a legally relevant fact, the reason for going to a duplicate. Mark the date and signature. To recover the document you can without a partner, enough of his passport or a photocopy of the identity card with a mark about registration or the dissolution of marriage. Ask the entity has a form for the payment of state duty in the amount of 400 rubles, to calculate in any branch of the Bank. Receipt bring and show to the Registrar. Wait, usually the procedure for the issue of a new certificate takes no more than 30 minutes, when you will be called and will issue a new document with the mark "duplicate" sign in a special log about the receipt. The same procedure regarding the recovery of the birth certificate, death, etc.
Get a new certificate of title. Grab your passport and make an appointment to the Registrar at the place of residence. This may be done by and through the Commissioner a notarized power of attorney person. Write a statement about the loss of the original, pay the state fee. According to item 33 of article 333. 33 the Tax code of the Russian Federation it is 200 rubles. A duplicate will be issued within 10 days.
Contact your employer if you need to restore the certificate of social insurance. This issue is being dealt or HR or accounting. The specialist will fill out a form and give the document to the social protection Fund can sent over the Internet. Within two weeks you will receive a duplicate under the painting. Citizens, self-pay insurance premiums, a new certificate will be given to the Fund of social protection of population at the place of registration as a payer of insurance contributions. Temporarily unemployed need to apply to the Fund of social protection of the population by place of residence.
Contact the Department of traffic police with the statement for issuing a new driver's license, give the officer a passport or other identity document confirming the registration of the candidate in drivers in a residence, a medical certificate to prove the completion of training, take a photo, get a receipt about payment of state duty (in the amount of 800 rubles). To be given a temporary permit, you need to pay state fee in the amount of 500 rubles. Newly obtained driver's license in the column of special notes will be written the word "duplicate".