Claims for registration of transfer of ownership (model)

Under civil law, treaties provide for the notion of a transaction, since it is by means of which civil rights and obligations that may arise from the time of signature of a treaty are established, modified or terminated, and there are types of treaties that are necessarily subject to State registration, which means that it is from the time of registration that the parties have obligations to fulfil the terms of the contract.

ATTENTION:: Our civil counsel will help if a party to a treaty avoids its State registration, there is a unilateral refusal to perform the contract: professionally, on favourable terms and on time.

In the process of registering a transaction, a party to a contract may avoid registration of the transaction, for example, a party does not provide the contract to the registering authority, does not go in and send its representative with a formal power of attorney.

A party ' s exclusion from registration leads not only to the other party ' s recourse to the court, but also to damages due to delay (e.g. if a party who fails to justify its position).

Written claim to a party to a contract

When one party deviates from the State registration of a contract and during the negotiation process the parties are unable to reach mutual agreement, the other party is entitled to request the obligation to register the contract.

The requirement can be sent:

• On the Internet (scan with your signature), e-mail, for example, if it is valid;
• Mailing (by registered letter with service notice);
• Personally.

The written requirement should specify:

1. F.I.O. or the name of the organization of both parties, their location or place of residence may be indicated;
2. Specify the particulars of the contract to which you refer, the number, date of its conclusion, between which parties the contract was concluded;
3. Describe how the contract was performed (in whole or in part) or not;
4. The requirement that you request that the contract be registered in accordance with the law (specify that the contract is to be registered);
5. Requirements for the provision of documents necessary for the registration of a treaty;
6. Liability of the avoiding party (specify the reasons and consequences that may arise if the treaty is not registered by the State);

Applications to the claim (this may be a power of attorney if a representative acts on behalf of the person).

Claims for State registration of the transfer of ownership

• In the event of failure by a party to register a contract, one party who has suffered damages is entitled to apply to the court for the protection of its rights and legitimate interests.
• The claim shall be brought before a court in the event that the property is, in fact, already owned by the party that acquired the property but does not have a State registration document on the property, for example, when one of the parties to the contract has not registered the State.
• Parties to a treaty subject to State registration are obliged to register it, but there are situations in which a party does not or does not wish to register the contract, but where the item(s) is in fact already with the owner, the party who has suffered loss is entitled to seek judicial protection.
• The claim is filed according to the rules of exclusive jurisdiction, where the property is located (e.g. building, land).
• The statement of claim should state the following:

• F.I.O. or the name of the organization of both parties, their location or place of residence may be indicated;
• Name and details of the vessel;
• Number, date of the contract by which the claims are made to the party, additional documents confirming the claim;
• The circumstances that prevented State registration of a treaty, e.g. avoidance of registration, replacement of documents);
• The requirements that the party makes, the justification for these requirements (e.g., confirmation of correspondence, dispatch of a claim, reference to laws);
• The requirement for State registration of the treaty;

Attach the following documents to the application:

1. Copies of the claim by number of defendants;
2. A bill on the payment of State duty;
3. Documents that a person may attach in support of his or her claims (e.g. contract, business correspondence);

The time limit for the application is three years, and the judge shall examine five days from the date of the application to the court for acceptance of the application or refusal of acceptance of the application.

Consequences of non-registration of ownership

State registration of property rights is a legal recognition and confirmation that the property belongs to the legal owner; if there is no State registration (under the law it is required), the person cannot dispose of the property in question.

In judicial practice, there are quite a number of court cases involving State registration of property, so not registration of ownership (e.g., not of its own free will) does not effectively deprive a person of the right to property, as he may challenge ownership before a court, as well as recognition of his right in State registration, while a person who is not registered with the property but cannot dispose of it, because until State registration the right remains with the other person who transferred the property.

For example, under the sales contract, the seller transfers the goods to the buyer; in fact, the buyer becomes its rightful owners, but since the parties have not registered the contract for exceptional reasons, the buyer is the owner but cannot dispose of the goods (sell, give).

Counsel ' s assistance in avoiding the registration of a transaction

Judicial practice, real estate disputes before the arbitral tribunal and the court of general jurisdiction have resulted in various new decisions that may be of great importance, for example, in the preparation of an application to the court, in the reasoning of replies in court.

In order to achieve a positive outcome in pre-trial and trial proceedings, it is necessary to have the knowledge of civil law, and often other laws, to draft and analyse the necessary documents, so it is better to entrust the case to lawyers who have a great deal of experience and help you.

Our lawyers are broad and narrow-minded, so they can draft and prepare court documents as soon as possible and protect your interests in court. Call today!!!

Model of summoning a party to a contract to register a contract

FIO

Yekaterinburg, Moscow Street

From the FIO

Yekaterinburg, Bardin Street

REQUIREMENTS

on the need to register a sales contract

Claims for State registration of the transfer of ownership

Can't you register a right of ownership? Buyer or seller avoids compulsory registration? Help in the registration of the transfer of ownership.

APPLAUSE: +7 (343) 201-81-81

State registration of property rights is compulsoryIt is referred to any real estate transaction.

• So it happened that when you entered into a contract with real estate (n-r-: buying, selling, giving of an apartment)necessaryPlease contact the Federal Registration Service.
• Issues relating to registration of transfer of ownership have been resolvedThe Civil Code, FZ No. 122 "On State Registration..." of "21" July 1997 and were also the subject of judicial acts of the Supreme Courts of the Russian Federation (Joint Decision of the Plenums of the IAC of the Russian Federation and of the SC of the Russian Federation No. 10/22 of "29" April 2010).
• What's the problem here?

Let's imagine a situation where you sell another man's house, agree on terms, make a contract and even sign it, but then suddenly it becomes a buyer.unprofitableThis buyer startsAvoidAny chance you can register a deal, doesn't answer your calls, mail messages.

What if you're the buyer and you've already given the money to the house? In that case, the seller, the owner of the property, may also avoid the registration of the transaction.LegalThe buyer ' s point of view, even after the necessary amount of money has been transferred, does not become the owner, since no registration has taken place.

It is clear that the causes of evasion can be the mostdifferentCrisis, debt, revenge, deception, maybe just illiteracy?

All of this is being faced by lawyers, and it is precisely in order to solve these problems that we need to address.Claim for State registration of the transfer of ownership.

By its decision, the courtDoesn't makeThe decision of the court "substitute" the application to the registration authority of the "dismissing" party.

For the court to decide"right"There is a need for serious preparation.

First of all,You have to get the lawsuit right for the court to take it. You have to study it carefully.documents, give...........................................Legal assessmentRelationships.Protection benefitas well as to knowCurrent legislation.

Second of all,It was necessary to find out whether there was actually an object that was bought or sold, whether the rules of contract were respected, whether the parties understood what they were doing, whether they had tried to solve the problem before the trial.

Only such hard work can be done.legal professionals who know their own business.

Sometimes it's quick and easy to find a legal error in the documents, sometimes you have to seek the truth in court.

Article 551 of the Civil Code of the Russian Federation provides the good faith party to a transaction with a specific way of protecting the right to properly process the transfer of ownership in the form of a claim for State registration of the transfer of ownership.

How to make a statement of claim correctly

In court proceedings, the claimant must prove the conclusion and performance of the obligations arising from the contract, the validity of the contract and the failure of the other party to register; the defendant who does not wish to register the transaction must raise objections as to the validity of the transaction, otherwise the claim will not be considered in favour of the respondent.

" The courts may not, in the determination of such cases, refuse a claim on the ground that the property is in the possession of the defendant or a third person, since the contract is concluded and valid from the time it is signed, since the transfer of the right is linked to State registration and is not an element of the contract or a condition for its validity, as some courts have previously considered.

We do.Multi-year and successful experiencesOur lawyers will help us quickly and quickly.That's right.Prepare all the necessary documentation, gather the necessary evidence.

We're waiting for you at the clinic!

Application for State registration of the transfer of ownership

• State registration of the transfer of ownership
• Issuance and application for transfer of ownership (send sample)
• Methods of application
• State for the application for the State registration of the transfer of law

State registration of the transfer of ownership

The transfer of ownership of real property, as well as the creation, restriction or termination of such a right, is subject to State registration (art. 131, para. 1, of the Civil Code of the Russian Federation).

Article 29 of the Law on State Registration of Real Estate of 13.07.2015 No. 218-FZ (hereinafter Act No. 218-FZ) defines the procedure.

A set of documents is submitted by the complainant to Rosreister, which includes:

• State registration application (art. 18, para. 1, para. 1, art. 29, of Act No. 218-FZ): In some cases, the transfer of the right may also be registered without such application, e.g. as a result of the enforcement of such property by the pledge holder, etc. (art. 50, para. 3, of Act No. 218-FZ).
• Documents are the basis for reporting to the EGRN (Act No. 218-FZ, art. 14), e.g. the contract of sale and donation.
• Documents establishing the applicant ' s identity and documents confirming the authority of the applicant ' s representative (art. 18, paras. 4, 8, 9 of Act No. 218-FZ).
• Right-making document for real estate.
• Other documents, depending on the nature of the transaction (i.e., approval of a major transaction, consent of the spouse, authorization of guardianship and guardianship authorities, etc.). See, for example, "Documents for registration of ownership of an apartment".

The Russian Federation does not have the right to request additional documents from the applicant.

Issuance and application for transfer of ownership (send sample)

The application for the transfer of ownership rights shall be made by filling in a uniform form approved by Order No. 920 of the Ministry of Economic Development of Russia of 8 December 2015 (hereinafter, Order No. 920).

A model of such a form can be downloaded by reference: Application for State registration of the transfer of ownership - a model.

When the transfer of ownership is registered by the State, the applications are submitted by both parties to the transaction.

All the details contained in the application are binding, and an electronic declaration must be signed by the applicant ' s enhanced qualifications (Order No. 920, para. 2).

Risks! If the application is not signed, the entire set of documents will be returned to the applicant without consideration (art. 25, para. 5, of Act No. 218-FZ).

In general, one application is filed for one real property, but in some cases one application is filed for several real property, e.g. for registration of rights to all constituted property (Order No. 920, para. 3).

We recommend that, when filling out the application in requisition 10, also note the item "The same at the e-mail address", in which case the applicant will be able to receive an e-mail notice of suspension or refusal to register the transfer of the right by the State, which would save time if errors were to be corrected.

Methods of application

An application for public registration may be submitted in one of the following ways:

• Personally to Rostreestra or IFC.

Notice that you can apply to any branch of the Rosreest or the IFC, regardless of the location of the property (art. 18, para. 2, of Act No. 218-FZ).

• An authorized staff member of Rosreister's on the way out.
• Mail mail with an inventory of the investment and a notice of service, and the authenticity of the signature of the application as well as the transaction with the real estate object must be certified notarized (art. 18, para. 12, of Act No. 218-FZ).
• Through the State Services portal or the Rosreestra website, the application is filled in in the form submitted, with scanned documents attached.
• Through a notary, if the transaction has been certified by the notary and the parties do not object, the notary must deliver the documents to Rosreest before the end of the working day (art. 55 of the Russian Law on Notaries).

State for the application for the State registration of the transfer of law

The registration of real property rights is subject to the general principle of the Public Ministry (Act No. 218-FZ, art. 17).

The size of the public service shall be:

• 2,000 rubles for the applicant;
• Article 333.33, paragraph 22, of the Tax Code of the Russian Federation provides for a total of 22,000 rubles.

In accordance with article 333.35, paragraph 12, of the Code of Criminal Procedure, veterans and persons with disabilities of the military service, former prisoners of war and former prisoners of concentration camps are exempt from payment.

The submission to the Registro of a document confirming the payment of the Minister of State is not mandatory, i.e. the registrar may request it on his/her own behalf through inter-agency cooperation (art. 18, paras. 6, 7 of Act No. 218-FZ).

The size of the public service for legal persons does not depend on the manner and form (i.e., paper or electronic media) in which the application for State registration of the law has been submitted, as well as the documents attached thereto; for physical persons, the reduction factor of 0.7 applies to the electronic submission of documents before 01.01.2021 (art. 333.35, para. 4, of the Tax Code of the Russian Federation).

***

Such an application may be submitted either by personal contact or by remote means, by post or through specialized services on public service portals or Rosreest, which may be submitted in paper or electronic form.

When applying for the State registration of the transfer of ownership, the Minister of State must also be paid.

Claims for registration of property rights — General issues

Sent 09 June 2009 - 06:59

Hello, distinguished lawyers! I have a huge request to clarify my situation, or I still don't have a consensus on which court to sue, who says it's still arbitration, and who thinks it's ordinary jurisdiction, because the physical claimant is a person. If it's arbitration, how to deal with it:

Under article 27 of the Arbitration Code of Procedure of the Russian Federation, the arbitral tribunal is responsible for economic disputes and other business-related cases; according to this article, the arbitral tribunals deal with economic disputes between organizations and individual entrepreneurs.

... Since disputes with citizens are not within the jurisdiction of the arbitral tribunal, the claim shall be surrendered in accordance with article 129, paragraph 1, of the Arbitration Code of Procedure of the Russian Federation...

What is better to file: an action for registration of the transfer of ownership of article 551 of the Criminal Code of the Russian Federation? Or an action for recognition of ownership? The non-residential premises (storage, store) were purchased from the company (TOS) of the Civil Code, i.e., by a person. The registration of ownership rights failed and the OS (seller) was eliminated.

Now you have to file a suit from a citizen for registration of the transfer of ownership, or for recognition of the right... there's an opinion:

There is a request for registration of the transfer of ownership rights under article 551 of the Russian Civil Code. There is a great deal of arbitration on this issue (e.g. Decision No. 1069/03 of 27 May 2003) of the Presidency of the Russian Federation.

In your case, this practice doesn't work directly (as a buyer of a physical face), but it does say the analogy of the law, so read it, it's easy and easy. The defendants are justice and the seller, even though it's eliminated. There's a problem with registration of ownership over the seller.

If, at the time of the conclusion of the sales contract, ownership was not registered with the seller and you do not have a document in your hands on the basis of which the right could be registered (99 per cent do not have it), justice may, in the course of the proceedings, request that the claims be denied.

Arguments that first the seller ' s right must be registered and then the buyer ' s right passed (under the State Registration Act, and they are right), therefore, even if a claim for registration of the transfer of the right is granted, the justice will not be able to register the seller ' s right and the decision will not be executed.

So take an extract from the EGRP by its object, if it is registered to the seller, bravely file an action under article 551 of the Russian Civil Code, although it is unlikely that the enterprise will be liquidated if there is a record in the EGRP of its real estate rights.

An extract from the registry indicates that the business has been liquidated (seller). All other documents are also in place. Which is better than a claim for recognition or under art.

551 SC of the Russian Federation?! In which court is the Arbitral Tribunal or the Court of General Jurisdiction? And the question is... the defendant is one or two: the Federal Registration Office and the seller (disposed by the U.S.A.)? Please explain.

Message edited SAKH: 09 June 2009 - 07:09

Sent 09 June 2009 - 09:25

Also, don't forget the exclusive jurisdiction at the site of the building.

Sent 09 June 2009 - 10:22

SAKHSJU

An action for registration of the transfer of ownership of article 551 of the Russian Civil Code?

Yeah, if the seller was the owner, I've been suing you, if I'm not mistaken.

Sent 09 June 2009 - 11:23

Bored

In the SCU.

If the citizen is not registered as an individual entrepreneur.SAKH

A request for registration of the transfer of ownership of article 551 of the Russian Civil Code must be made.

If the seller is not registered with the law, the transition cannot be registered.

The defendants are justice and the seller, even though it has been eliminated.

Justice can only be held responsible in the village of unlawful denial of registration, unlawful registration, or in the case of unlawful acts (inactions), and the exterminated juric cannot be the defendant because of the absence of the subject.

It is unlikely that an enterprise will be liquidated if there is a record in the EGRP of its real estate rights.

If you're lucky enough to have a legal basis, it's a legal recognition suit, the defendants are members of a judicature.

== sync, corrected by elderman ==@elder_man

Sent 09 June 2009 - 11:45

Claims for State registration of the transfer of ownership

State registration of the transfer of ownership. Decision of 6 April 2011 No.

(Signed) E. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M.

The FIO gave the plaintiff the plot and the documents for it, and the FIO also gave the plaintiff a power of attorney, which he authorized on his behalf to carry out the registration of ownership rights.

She requested that the case be heard in her absence.* The complainant ' s attorney, D.M.M.M.H.G.G.M.M.

Application for registration of the transfer of ownership of immovable property

The settlement of the contract has been completed in full.

Thus, the contract for the sale of N________________________________ of_________________________________, by which the claimant acquired immovable property from the respondent -_________________________________, was in proper form, contains all essential terms and conditions and is performed by the parties.

Under article 551, paragraph 1, of the Criminal Code, the transfer of ownership of real property under a contract for the sale of real property to a buyer is subject to State registration.

Claim for State registration of the transfer of ownership of the garage

The personal data of the plaintiff and the defendant shall be replaced by those of the legal persons.

Such a dispute can only be dealt with by the Court of Arbitration, which can deal with illegal possession, whether by bona fide users or by unfair users.

My wife died last May.

The estate case is open to the notary, and by accepting a number of documents to be processed, the notary said that it would be possible to bring the documents to other inheritance sites in the future.

It turns out that we have a title to land in the garden partnership, but we have no title to the home.

Main menu

In the event of deliberate exclusion from registration, withdrawal of documents issued for registration, death of an individual or liquidation of a lawn, registration of the transfer of property is not feasible without (recognition of the right of ownership) of the judicial proceedings (Culiabinoy L.A. v.

Article 551 of the Civil Code of the Russian Federation provides the good faith party to a transaction with a method of protecting the right to the proper processing of the transfer of property in the form of a petition for the State registration of the transfer of the right (recognition of the right of ownership of the claim) of the property.

Registration of the transfer of ownership

Thus, if the natural person ' s heirs do not wish to voluntarily perform the duties that have been assumed, the buyer may apply to them for a State registration of the transfer of ownership.

If there are no heirs, the seller should first be denied the State registration of the transfer of ownership from Rosreest, thus the buyer will comply with the necessary applicant procedure established by the State Registration Act; if the claim is made immediately, the court will admit that the wrong remedy has been chosen.

This situation was dealt with in detail in Order No. 10/22, which states, inter alia, that in the case in question, the refusal of the public registrar to register the transfer of ownership may be appealed to the court; in considering the buyer ' s claim, the court shall verify the seller ' s performance of the obligation to transfer the facility and the buyer ' s performance of the obligation to pay.

Claims for registration of ownership

A claim for registration of a transfer of ownership is a type of claim for recognition of ownership.

In cases where a person actually owns property but does not have a certificate or other document confirming State registration (e.g. after a sales contract, registration was left to the seller or it was withdrawn but not registered to the buyer), in practice such situations are most common in relation to immovable property.

is subject to the rule of exclusive jurisdiction, according to the location of the property to be registered; the choice of jurisdiction depends on the value of the real estate and, accordingly, on the price of the claim.

The claim for State registration of ownership rights should contain the following elements:

• formal requirements for the indication of the court, the particulars of the parties and others
• Evidence of the claimant's claim, e.g., the contract of sale or gift, the particulars of the documents in question, the time of conclusion, the date on which the claimant took possession, etc.
• circumstances under which the claimant did not obtain a public registration of the property
• Legitimacy of claims - most often specified by article 551, of the Civil Code, which prescribes the possibility of such a proceeding being brought before the courts
• operative part — State registration requirement

A model of the action is also available on the website. The following documents are attached to the action:

• duplicate statements according to the number of respondents
• a receipt for the payment of the Minister-General ' s
• documents supporting the facts of the claim - contract of sale, certificate of State registration of real property of another person, etc.

• The time limit for suit is three years.
• The State is paid for a claim of a material nature, corresponding to the percentage of its price (real property value).
• The practice of such disputes is that the court, in the overwhelming majority, becomes a party to the defendant, since the public registration procedure following the acquisition of property rights is more of a formal one.

An action for compulsory registration of property rights

, located at,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, ,,,,

On the basis of a duplicate of the certificate of inheritance issued by the notary of the notary district of the city, the defendant is entitled to ownership of the dwelling.

The year of the register No. ___, registered with the Bureau of the Technical Inventory, g.

The year of the year, register No. __, as confirmed by the BTI report on mountains.

The defendant sold to the plaintiff the specified land with its entire home ownership.

Decision on the State registration of the transfer of ownership under the gift contract

XXXH Tula: By virtue of the powers granted to the power of attorney, XXXXX, following the conclusion of the contract of gift in simple writing, submitted, together with XXXXX, an application and documents to the Office of the Federal Public Registry, Inventory and Cartography Service for the Tulsk Region for the purpose of State registration of the transfer of the right under the said treaty.

At present, however, State registration on the basis of the application has been suspended due to the withdrawal of the x.x.x.x. year of the power of attorney issued and the prohibition of the conduct of the registration without personal participation.

Since it was not possible to resolve the dispute voluntarily, she filed a lawsuit with the court for the protection of the right violated, in which she requested a decision on the State registration of the transfer of ownership to XXXXXX by 1/3 of the ownership of the apartment at:

Tula, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh, uh...

8. State registration of ownership of immovable property.

An action for the State registration of the transfer of ownership.

In developing the provisions of the fundamental law of the Russian Federation, the Civil Code of the Russian Federation (art.

131) Provides for compulsory State registration: The right to property and other property rights to immovable property, restrictions on these rights, their creation, transfer and termination are subject to State registration in a single State registry by the authorities responsible for State registration of real property rights and transactions.