The heir appeared after the sale of the apartment. What to do if the heir has entered into an inheritance, but has not registered ownership? Will Olga be paid for her expenses?

If the heir has entered into an inheritance, but has not registered ownership, he will have to do this in any case if he intends to retain the property acquired from the testator and dispose of it in any way. Of course, first of all, this procedure applies to inherited real estate. This could be an apartment, a private house, a summer house, a garage, or a plot of land. It is real estate that requires mandatory registration of property rights in Rosreestr.

From the moment of death of the testator, whether he left a will or not, his heirs have 6 months to contact a notary’s office and apply for a certificate of inheritance. The missed period can only be extended by judicial procedure. However, in court you will have to prove with documents that the reason for missing the deadline was truly valid; an unfounded statement will not be enough.

In fact, to obtain ownership of an apartment, land plot, or house, you must go through two separate procedures:

1. Obtain a certificate of inheritance. To do this, contact a notary office, preferably at the location of the inherited property.
2. Re-register the property in your name in Rosreestr, presenting a certificate of inheritance.

Heirs do not always realize that it is not enough to complete only the first stage, because the second is also a mandatory procedure. Upon receipt of the certificate, the property becomes the property of the heirs. However, they will have the right to dispose of it in any way (donate, sell, bequeath, etc.) only after receiving an extract from the Unified State Register confirming the re-registration of ownership.

Until June 15, 2015, a different procedure for confirming ownership of real estate was in effect in the Russian Federation. The owner was required to obtain a certificate of ownership of the property, which was proof of his rights in all instances. With the entry into force of Federal Law No. 360, the situation has changed; now the only evidence is an extract from the Unified State Register issued by Rosreestr (its territorial division).

Is it possible to live in an apartment if the ownership has not been re-registered?

Nothing prevents heirs from continuing to live in the house of a deceased relative if they are included in the will or are heirs at law. From the moment of the death of the testator, the responsibility to pay for utilities falls on their shoulders.

Delaying the procedure for registering ownership of real estate risks the fact that other relatives may show up and make their claims to the inheritance. Disputes of this type are often resolved in court when the following are taken into account:

1. The reason that prevented relatives from making themselves known earlier. If they applied after the expiration of 6 months from the date of death of the testator, they will have to prove in court the validity of the reasons for missing the deadline and the legality of their claims.
2. Who actually accepted the inheritance and what they did with it.
3. Who has been paying utility bills since his death?
4. Who paid off the testator's debts, if any.

In Russian legislation there is a presumption of actual acceptance of an inheritance. This is an order according to which the one who continues to maintain the property of the deceased, take care of it (live in an apartment or house, take care of the land) is recognized as having actually accepted the inheritance.

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The question is not idle, especially when the heirs do not intend to use the inherited housing, but want to sell it immediately. According to Art. 209 of the Civil Code of the Russian Federation, only its owner has the right to dispose of property by legal means. It would seem that a conflict arises when the person who accepted the inheritance already owns the property, but cannot sell it.

This is indeed true. It is impossible to sell an apartment registered in the name of a deceased person. A reasonable buyer would never buy such an apartment or house. To register an apartment in the name of the buyer, you need to submit a purchase and sale agreement to Rosreestr, as well as an extract from the Unified State Register confirming the seller’s ownership. And since there was no re-registration, the package of documents will be incomplete.

The situation is similar with a will. You cannot include property in your will that is not in your name. In order for a will to acquire legal force, it must contain all information relating to housing.

If on the date of drawing up the will you do not have an extract from the Unified State Register confirming ownership of the property, then its inclusion in the text of the document makes it void.

How long does it take to re-register ownership?

The law strictly limits the timing of inheritance, only 6 months after receiving the testator’s death certificate. The result of this legal procedure will be the receipt of a certificate of inheritance. Until the re-registration of property rights, this document serves as proof to the heir of the legality of his residence in the apartment or private house.

The notary office is obliged to store executed documents for 75 years. During this entire time, anyone can contact it and receive confirmation of the inheritance procedure that has taken place. Even if you lose the original issued certificate, it can be restored at any time by requesting a copy.

What does this mean? About the fact that you have 75 years to re-register the property in your name. If you pay taxes and utility bills on time, then you don’t have to rush to register the apartment yourself. If you do not intend to dispose of it in the near future, it is quite possible to delay it. The re-registration procedure itself now takes a little time - on average up to 2 weeks. In this case, documents can be submitted for registration not only to the local territorial division of Rosreestr, but also to the local MFC, as well as use the services of the Russian Post.

Among the apartments sold on the market, there are those that were inherited. These objects have a bad reputation among market participants. The point here, of course, is not about ghosts. The fact that the heir selling you the apartment says that he is the only one and there are no other contenders, as it turns out, means nothing. Imagine - you purchased an apartment from a person who inherited it, you live quietly in it, and suddenly, like a devil out of a snuffbox, a person jumps out and declares himself another heir to the property you bought. What then? This (and related) questions will try to be answered.

This article is a reference and information material; all information in it is presented for informational purposes and is for informational purposes only.

Where do heirs come from?
Let's start with the laws. Section V of the Civil Code is devoted to the problem that interests us - it is called “Inheritance Law”, it includes articles from 1110 to 1185. Art. 1111 (“Grounds of Inheritance”) and declares that “inheritance is carried out by will and by law.” To put it in more understandable language, this means that a person has the right to “sign off” his property to anyone, but if there is no will, then inheritance follows the law. Although this rule, as it turns out, is not unshakable: Art. 1148 and 1149 outline the circle of persons (disabled dependents of the testator, his disabled spouse and parents, minor children) who have the right to inherit the so-called obligatory share - it is always allocated, even if there is a will not in their favor. It hardly makes sense to cite the above articles of the Civil Code here in detail (due to extreme verbosity), however, all apartment buyers are strongly recommended to remember this category of heirs.

If there is no will, or the court has declared it invalid (also, by the way, a wonderful loophole), then what happens is according to the law. There is the concept of “sequence of inheritance” - the heirs are divided into several queues listed in Art. 1142-1145 and 1148 Civil Code. The first priority is the children, spouse and parents of the testator. The second is brothers and sisters. The third is the brothers and sisters of the parents (aunts and uncles). And so on, until the seventh stage - the larger the number, the more distant relatives. And the general principle boils down to the fact that priority is given to the closest relatives; they inherit property among themselves in equal shares, and subsequent ones receive nothing. There is a widow and son of the testator - they divide the inheritance among themselves. If there is a son and a brother, only the son inherits, and the brother (his turn next) is not owed anything.

Beware of children and parents
In practice, the most numerous category is children of the testator- from other marriages, illegitimate. “Social traditions are such that when spouses divorce, children, as a rule, remain with their mother,” explains Vadim Martynenko, Director of the Secondary Market Department of Rescor Corporation. - This means that if the inheritance came from a woman, it can be said with a high degree of probability that all her heirs lived nearby and are known. But if a man died... There is no certainty that he does not have an illegitimate son living in another city - there is not a single database that would guarantee that it knows all such details.”

Parents can be ranked second most often. “A situation that sometimes occurs,” says Veronika Pankova, Chairman of the IDA Committee for the Protection of Consumer Rights, General Director of the Penaty Agency. - Parents are not at all interested in their children and do not pay child support. And then, if these children died before them, they lay claim to their property.”

There are also stories involving brothers and sisters. “This is a real situation that we recently encountered,” says Veronika Pankova. - Two sisters lived in Moscow, and their brother lived in another city. One of the women died, and her sister and brother should have succeeded her. But the Muscovite decided to do it differently: she entered into the inheritance and informed the notary that there were no other heirs. And she herself led her brother by the nose for three whole years: she told him that everything was fine with her sister, and sent greetings.”

He may appear in 10 years
Well, okay, we've sorted out the fact that unexpected heirs may appear. But why do they sometimes appear so late - sometimes even 5-6 years after the sale of the apartment? The point here is that Art. 1154 of the Civil Code of the Russian Federation establishes that an application for acceptance of an inheritance must be submitted “within six months from the date of opening of the inheritance” (as the death of the testator is delicately called in legal language). But already next comes Art. 1155, which states that the deadline can be restored “if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons.” Such an heir must go to court “within six months after the reasons for missing this period have ceased.”

“For good reasons,” says Olga Irich, deputy head of the legal department of the department LLC "Investment Company MGSN"- the courts recognize a serious illness, a helpless state, illiteracy, etc.”

But the most armor-piercing argument is “I didn’t know.” Let's imagine a situation: a person who died in Moscow somewhere in Khabarovsk has an illegitimate child who is currently 5 years old. This child can find out who his father was, and that this father left an apartment in 20 years - and then, strictly according to the law, he will have the right to come to Moscow and declare his rights.

That is why the period after which the buyer of an apartment could wipe the nervous sweat from his forehead and say that the appearance of unexpected heirs is now excluded, does not exist in principle. “We can say that the first year is very alarming, and after 3-5 years the likelihood of such an event decreases sharply,” says Veronika Pankova (“Penates”). “But theoretically, nothing can be ruled out either in 10 or 20 years.”

Why are they shaking the person who bought the home?
Okay, our unexpected heir has the right to inheritance. But why does he address his claims to the current owner of the apartment - a person who, thanks to the light hand of the Supreme Court, which adopted a “historic” decision in the spring of 2003, today everyone calls him a “bona fide purchaser”? Isn’t it wiser to “shake” your own unscrupulous relatives - those who at one time accepted the inheritance, knowing that there were other legitimate claimants? It would be so both in conscience and in mind...

In life, unfortunately, everything is different. “Making claims against the current owner is often the only chance for deceived heirs to get something,” says Maxim Katalov, director of the new type of real estate agency “Open Company”. “It’s not easy to collect money from relatives, but the apartment is here, safe and sound.”

What do they require: an apartment or a wallet?
Claims are being made, and specifically for the apartment, confirms Veronika Pankova (“Penates”). “There are situations when the deceived plaintiff is satisfied that he receives some money from the current owner of the property. But it also happens that he poses the question very harshly, demanding only an apartment. The explanation is simple: property prices have risen dramatically over the past few years. What was once sold for 50 thousand dollars (and, accordingly, a deceived heir can demand a share of this amount from his relatives), today costs 200 thousand. And the courts, unfortunately, sometimes decide to evict - I know such precedents.”

What should the buyer do?
In general, it is not easy to defend yourself - especially since the opposite side demonstrates resourcefulness and knowledge of the laws. “I sometimes have the feeling that there is a real conspiracy between the heirs,” says Veronika Pankova (“Penates”). - Here is a recent situation: a man who died in Moscow had a son in one city and a nephew in another. The nephew was the first to come prudently to collect the inheritance, and the son “waited in ambush” until the apartment was sold. The fact that he knew everything perfectly is evidenced by the fact that he applied for the inheritance to a notary in his Khabarovsk the day before the expiration of the six-month period.”

But when buying an apartment from an heir, you can still protect yourself if you follow standard market safety rules. Check everything, don’t be shy to ask different questions, try to get as many different papers as possible. “If the apartment belongs to the seller on the basis of a certificate of inheritance, we always take a notarized obligation from the seller,” says Olga Irich (MGSN). “The essence of this document is that the seller guarantees that he is not aware of other heirs, and if they appear, he undertakes to resolve all financial issues with them independently, without involving a new owner.”

“Good faith is something that, in general, does not need to be proven to the buyer,” notes Maxim Katalov (“Open Company”). - But all kinds of certificates, declarations and documents confirm that the issue was studied, and no reasons for refusing the deal were identified. And vice versa, if facts are discovered that the buyer knew or could have known about the problem, but still bought the apartment, and perhaps abused the situation (for example, bought at a low price) - in this case, the buyer may lose his status as a “bona fide purchaser” .

Here - we are speaking on our own - we can add that not so long ago we wrote about the “bona fide purchaser”, and much in that article echoes today’s topic. " ".

Summary
You need to protect yourself from the phenomenon of unexpected heirs at the purchase stage and not later. And the main decision to make at this stage is to buy an apartment or not to buy. But first, try to shake out as much information as possible from the heir selling the apartment and demand guarantees.

You can buy an apartment if:
- the seller gives a notarized obligation that he will deal with his relatives himself.

You should refuse to purchase if:
- the seller does not inspire confidence in you, is clearly hiding something about his relatives and does not want to give any guarantees;
- offers an apartment at a clearly reduced price, which is not available on the market.

Before you buy real estate from the seller to whom it has been inherited, measure seven times. Such an apartment is not just “Russian roulette”, but a real sword of Damocles that can fall on you in the form of unexpected relatives in a year, two, or even twenty years. But often such offers on the market are offered with a 20-30% discount, the apartments themselves have a good location and other “advantages”. Nobody wants to miss such a chance, so let’s try to figure out what the dangers are and whether there is a way to avoid them.

Illustration: Irina Fateeva

By right of turn

Heirs can be of two “types”: by will and by law. The latter means that if there is no will, then all property is distributed in accordance with the Civil Code of the Russian Federation. In ch. 63 states that there are several lines of relatives: the first (and most important) includes the spouse, children and parents of the deceased, the second - brothers and sisters, the third - aunts and uncles, etc. (all this is described in detail in Articles 1142-1145 and 1148 of the Civil Code). The main principle is that whoever is “more dear” gets everything, or they divide it equally if both (for example, a widow and son) belong to the first line of inheritance. If the testator (in the strange-sounding language of inheritance law, this term refers to the one who bequeaths his property) wants to independently dispose of his property, then his will is indicated in the will, and there he can write out and divide everything he has acquired as his heart desires ( Chapter 62 of the Civil Code of the Russian Federation).

Important: It’s worth mentioning right away that, in view of the articles and the Civil Code of the Russian Federation, there is a certain circle of relatives who cannot be disinherited even by will! Among them: disabled dependents of the deceased, disabled spouses and parents, as well as minor children who are required to receive at least half of the share due to each of them upon inheritance by law (clause 1 of Article 1149 of the Civil Code of the Russian Federation).

Is the law always right?

The issue of the vulnerability of a bona fide buyer from “surprises” in the form of illegitimate children of the deceased or children from other marriages is very acute, since these “sudden” heirs have full rights to property and can show up on the threshold of your apartment not only in a year, but also in twenty. Even the Civil Code of the Russian Federation, which states that an application for acceptance of an inheritance must be filed “within six months” from the date of death of the testator, does not confuse anyone, since paragraph 1 of Article 1155 of the Civil Code of the Russian Federation states that the right to accept an inheritance can be restored, if the heir did not know about the opening of the inheritance(that is, the death of the testator), and when he found out, he again had 6 months left to file the application. That is, if a child was 5 years old when his father died, and 15 years later he found out that he had property, then an adult son can easily go to court and demand his share.

In such cases, the court is obliged to satisfy the heir’s application, and he may well take his apartment back (or ask for money for renouncing the right of inheritance), but during the waiting period the cost of the apartment could have increased significantly. The purchase and sale transaction of an apartment is canceled by the court and, in theory, the seller, by court decision, must return all the money to the buyer, but how many difficulties will there be: indexation of the amount taking into account inflation, the money can be spent, the seller has died/disappeared/left, he has no finances, no property that can be sold, etc.

The law cannot in any way protect you from the appearance of newly-minted relatives who own the apartment.

Now about something really sad. It is believed that if the new buyer no longer has any housing, and a new heir has appeared, it is impossible to evict the buyer who finds himself in an awkward housing situation. However, in the press and judicial practice one can find cases where people were literally thrown out onto the street with the approximate wording “the apartment seller is to blame, sue him” without any financial compensation. And no one, of course, cares that it is no longer possible to find a seller. There are few ways out of this situation:

• negotiate with the heir for a certain amount of money so that he renounces his claims;
• write an application for an apartment under a contract;
• try to involve the guardianship and trusteeship authorities in the case if you have minor children. Their right to a single home is protected extremely strictly, and this can help delay time while you sue the seller.

In other words, the law cannot in any way protect against the appearance of newly-minted relatives who own an apartment, since notaries are not required to check the circle of heirs. Only if you are very lucky and can prove that this person knew about the death and simply did not claim the right to the apartment during the first six months (served time in prison / was on a long business trip / was lazy). But these are special cases that need to be analyzed separately.

I bequeath this...

A will as a document is interesting because in the minds of most people it is a certain set of unshakable instructions of the deceased, defining what, to whom and in what amount is due. But in reality, everything is not so simple, because the law often stands above the will.

Firstly, there are compulsory heirs - dependents, spouses and parents, who are obliged to receive at least half of the share that would be due to each of them if inherited by law (clause 1 of Article 1149 of the Civil Code of the Russian Federation).

Secondly, almost always among the heirs there are dissatisfied relatives who try to prove that the will is fake or that the testator was crazy, drunk and inadequate when he wrote it. After all, it often happens that some people apply for an apartment, but assign it to others - a new common-law wife or a neighbor who looked after the testator for the rest of his life.

The buyer of a “bad” apartment remains, in fact, the only financially responsible person.

Thirdly, it could easily turn out that the testator made a later will, which, according to the law, cancels all previous ones, but did not inform anyone about it. Or, on the contrary, he compiled it so long ago that he no longer remembers about it, but meanwhile, it was legal and was waiting in the wings in the safe of one of his relatives.

Important: in these three cases (if you bought real estate from such an heir; the plaintiff manages to prove that the will is fake or the testator was in inadequate condition when he signed it, that is, according to Article 1131 of the Civil Code of the Russian Federation, the will was declared invalid; a later will was found), then the money is returned to the buyer, and the apartment to the seller.

Fourthly, there are various hereditary nuances, such as testamentary refusal. Simply put, the testator assigned the apartment to his son, but on the condition that his mother or aunt would live in it for the rest of their lives. Having bought such an apartment from your son, you will not be able to evict the rest of your relatives from there.

And it must be added that all claims will be brought against the owner of the apartment, and not against the seller. It is extremely difficult to reclaim money from the seller and at the same time from a relative, and it is not immediately clear for what exactly, because he did not know about the existence of another will, or an illegitimate son, or anything else, and was selling the apartment as an ordinary owner, and the buyer of the “bad” apartment remains, in fact, the only financially responsible person. Especially for such cases, in a number of real estate agencies, a notarized obligation is taken from the seller that he guarantees that he does not know about other heirs, and if they suddenly show up, all financial issues are regulated only between them, without the participation of the new owner in these squabbles. But what to do if the unfortunate person bought the apartment on his own or the seller disappeared? There are a huge number of pitfalls and special situations.

How to protect yourself?

In fact, no way. The maximum that can be done is to follow a number of rules in order to establish as fully as possible the circle of potential heirs. Yes, the above advice on requesting a notarized obligation from the seller can protect you from unnecessary problems, but, unfortunately, it also does not provide a 100% guarantee. Additionally it would be nice:

• Take extracts from the Unified State Register, which contains all the information about real estate transactions over the past two decades and about all the penalties imposed on the apartment. What if it is pledged to the bank or leased for a long time?
• Request an extract from the house register, where, at a minimum, you can see common-law wives or other registered relatives.
• Talk to your neighbors.
• Check whether the deceased has heirs with a mandatory share (dependents, minor children, spouses and parents).
• If there are refusals of inheritance in favor of one relative, find out for what reason, and even better - ask for a notarized refusal.
• At the notary's office you can obtain information on testamentary refusals - whether they were there or not.
• Be doubly attentive to those who come to sign the deed of sale and purchase with a power of attorney from the heir. And it wouldn’t hurt to check the documents of the heir himself at the passport office.
• Don't forget to ask for the death certificate of the owner of the apartment. What if he just went missing?
• Learn more about the so-called title insurance, i.e. insurance against loss of property rights. The advantage here is that the insurance company is involved in the purchase and sale process and also checks all the documents. If she considers the transaction risky, she will refuse to insure, and this is already a wake-up call for the buyer and, perhaps, even a reason to cancel the transaction.

All the above recommendations, of course, are much easier to list on paper than to actually wait in all the queues and go through nine circles of bureaucratic hell, but if the apartment is sold at a price 20-30% below the market price or in an ideal area for you, it may make sense decide on this. If such a purchase does not promise any particular financial benefit, it is safer to switch your attention to more “transparent” objects.

Important: if an apartment is sold in a hurry and at a bargain price, this is a reason to be wary, since it is quite possible that scammers are at work here. It happens that in different ways they rewrite the will to a dummy person (or receive a general power of attorney) and try to sell the apartment as quickly as possible, before the relatives find out about the death of the testator. It happens that scammers forge a gift agreement, supposedly drawn up during the owner’s lifetime, so that the property does not become part of the inheritance mass (another terrible term from inheritance law, meaning a set of property rights and obligations passing from the testator to the heir). So be careful!

Andrey Shenin

To sell an inherited apartment, you must first officially enter into inheritance, and then register ownership of the apartment. Only after completing these procedures can you begin to search for a buyer and collect the necessary documents.

For the sale of inherited residential premises owned by less than 3 years(if inherited after January 1, 2016 - less than 5 years), there is a need to pay income tax(NDFL). It should not be confused with the one that was previously charged after registering an inheritance in one’s own property (now cancelled). In addition, when selling real estate received as an inheritance, provisions are made tax benefits.

Before making a purchasing decision, the buyer should make sure:

• in absence;
• they are in stock.

After conclusion, such a transaction is subject to state registration in Rosreestr.

When can you sell an apartment after inheriting

You can sell an apartment passed on by inheritance immediately after receiving it. certificates of ownership- otherwise such a transaction will be considered invalid. To do this, you need to contact Rosreestr with what you have already received from the notary, as well as the following documents:

• application for registration of property rights (to be filled out in Rosreestr when submitting documents);
• identification document of the heir (passport);
• cadastral passport for the apartment;
• receipt of payment of the state registration fee in the amount of 2000 rub.

Attention

1. To do this, you must first notify in writing all participants in the common shared ownership of your desire to sell the part of the inherited apartment, indicating the price and other conditions of sale.
2. The refusal of all co-owners is recorded in writing.
3. If within a month from the date of receipt of the notice of sale, the participants in shared ownership have not confirmed their desire to purchase the share being sold, refusal is accepted automatically.

In case of violation of this procedure, any co-owner will have the right to file a statement of claim to court on the transfer of rights to purchase housing.

Information

In 2016, State Duma deputies from the LDPR faction a proposal was made about compulsory sale apartment inherited in shares. In this case, if within six months the heirs cannot independently decide on the sole owner or find a buyer, then the apartment will be subject to forced sale through an auction. The proceeds will be divided among the heirs in accordance with their shares.

According to deputies, such a measure will reduce the frequency of family disputes around inherited property and reduce the risks of fraud in situations where one of the heirs creates conditions unsuitable for other owners to live in in order to become the sole owner of residential premises.

Procedure for selling an apartment

Before selling an apartment received by inheritance, according to the civil legislation of the Russian Federation, the future seller must first go through state registration of property rights(Article 131 of the Civil Code of the Russian Federation) on the basis of what has already been received. After receiving a certificate of ownership of the apartment from the registration chamber, you can begin searching for a buyer and completing a transaction under a sales contract.

To sell an inherited apartment, you need to collect the following list of documents:

• contract of sale of an apartment;
• passports of persons participating in the transaction;
• documents from Rosreestr:
  • certificate of state registration of property rights;
  • an extract from the Unified State Register confirming the absence of arrests or encumbrances on the apartment;
• cadastral passport, apartment plan (to be ordered from the BTI);
• a certificate from the housing department confirming that there are no debts on utility bills;
• an extract from the house register (about the absence of registered persons in the apartment).

For your information

The consent of the spouse is not required in this case, since any property received by inheritance is not joint property of the spouses.

Before completing a transaction, the future buyer of such real estate should ask the seller about the availability of inherited property for the share. If such persons are found, it is advisable to obtain an official one from them before buying or selling.

Contract of sale

To sell an apartment, a deal is drawn up between the seller and the buyer contract of sale in simple written form.

• In this case, it is recommended to indicate in the text of the contract full market value of the apartment, including the previously paid deposit (if any). This is important due to the fact that if a controversial situation arises during the trial, the buyer will be able to claim only the amount that was specified in the purchase and sale agreement, and not some “actually paid” amount, the amount of which has yet to be proven in a court.
• Often, in order to avoid the need or reduce its size when selling an apartment that has been owned for less than 3 years, at the initiative of the seller, the cost of housing under the purchase and sale agreement indicated as underestimated up to an amount of 1 million rubles(when there is no need to pay income tax at all).

In order to increase tax fees from January 1, 2016 to real estate transactions at a price significantly different downward from its market price, the tax payable will be calculated not from the price specified in the sales contract, but based on cadastral value of the apartment(close to the market), multiplied by a reduction factor of 0.7.

Mandatory elements of the above agreement are:

• information about the parties to the transaction;
• cost of the apartment;
• information about the apartment (address, technical information corresponding to the cadastral passport);
• term and method of transfer of money.

After discussing all the conditions and resolving controversial issues, the contract is signed by both parties, and the transaction will be subject to state registration, being considered concluded from that moment.

Registration of the transaction in Rosreestr

After signing the purchase and sale agreement, it is mandatory submit an application to Rosreestr on state registration of the transaction. It can be submitted in person, sent by mail, through a lawyer, or through a multifunctional center (MFC).

In addition to the application to Rosreestr, the following are provided:

• passport of the seller and buyer;
• purchase and sale agreement and signed act of acceptance and transfer of the apartment;
• receipt of payment of state duty by the buyer in the amount of 2000 rubles.

State registration is carried out within 10 working days from the date of receipt of the application and the required documents (clause 3 of Article 13 of Federal Law No. 122-FZ of July 21, 1997). In some cases, registration may be suspended or cancelled.

Offers of this nature, compared to the rest of the market segment, are quite attractive, since they are sold at a price that is 20 or even 30% lower. In addition, the location and conditions are also good, so many people want to buy such living space. However, not everything is as rosy as it seems at first glance!

Legality of inheritance

So, if an apartment was purchased, and suddenly after some period of time an heir appears claiming the same square meters, then you need to start dealing with the problem with a “cool” head and knowledge of the law.

Heirs to an apartment can be declared both in the first years and after 15-20 years, which is quite natural, since there are two types of heirs. The first is legal. According to the Civil Code of the Russian Federation, Chapter 63, there is a sequence of relatives inheriting property. The second type is by will. The property is divided by the testator according to his wishes, Ch. 62 of the Civil Code of the Russian Federation.

Even the information in Article 1154 of the Civil Code of Russia, which states that an application document for the inheritance of property, which is given six months from the date of death of the testator, does not guarantee that the apartment will remain with the buyer. After all, in Art. 1155, paragraph 1 of the Civil Code of the Russian Federation states that the right of inheritance is restored if the heir was not aware of the opening of the inheritance. In this case, the court cancels the purchase and sale transaction, after which the seller must return the monetary value of the apartment to the buyer, but many difficulties arise here in the form of indexation of the amount, taking into account inflation, funds spent by the seller, lack of finance, etc.

In this situation, there are several resolution options:

• an agreement with the announced heir that a certain amount of money will be paid to him, after which he will renounce his claims to square meters;
• fill out an application for living space under a social contract. hiring;
• If the buyer has minor children, you can contact the guardianship authorities.

Features of a will

A testamentary document sets out a set of rules according to which the property of the deceased is to be divided. However, the law does not always follow these guidelines.

1. There are heirs in the form of dependents, minor children, spouses and parents who are entitled to ½ share of legal inheritance (clause 1 of Article 1149 of the Civil Code of the Russian Federation).
2. Among the inheritors there are often those who want to prove the falsity of the testamentary document, since the testator was ill when signing it.
3. It may also happen that the previous owner made another later will, which cancels the previous one.
4. It happens that when drawing up a testamentary document, the testator indicated that the wife and mother should also live in the inherited apartment assigned, for example, to a son for the rest of his life. In this case, it will be impossible to evict them.

If in the first three options the plaintiff proves that the testamentary document is forged or irrelevant, then it is declared invalid, therefore, the buyer gets his money back, and the seller gets his apartment.

It is also important to understand that all claims are addressed to the property owner, not the seller. In order to somehow protect the buyer from troubles during the purchase, real estate agencies take an obligation from the seller, certified by a notary, that he does not know about any heirs. That is, if another heir appears, all financial issues will be settled between him and the new relatives without the participation of the buyer.

Methods of protection

A new buyer can protect himself from getting into such an unpleasant situation by narrowing the circle of potential heirs in the following ways:

• obtain extracts from the Unified State Register containing information about all transactions and encumbrances carried out with this real estate;
• familiarize yourself with an extract from the house register to check for the presence of common-law partners and other relatives previously registered in the apartment;
• find out whether the deceased has heirs claiming an obligatory share (in the form of disabled people, minor children, parents, etc.);
• carefully approach the signing of the deed of sale and purchase by proxy from the heir;
• check the death certificate of the property owner.