In what cases is it possible to re-register an apartment?
From the moment of commissioning, an apartment or house can change several owners, and in a very short time. After all, not all people tend to live in one place, while others are forced by life circumstances.
So the most common reasons for re-registering an apartment to another owner are:
- home sales;
- giving, for example, to a beloved grandson;
- receiving by inheritance by will or by inheritance order;
- privatization of a previously provided apartment on social rent;
- exchange for another apartment;
- obtaining housing under the terms of a rental agreement.
In this case, the apartment may not be transferred to another owner in full, but only partially, which is relevant when several relatives enter into an inheritance or in the process of privatization of all persons registered in the housing.
Important! Socially rented housing cannot be sold or donated, since it belongs to the state housing stock and is managed by local administrations as a proxy for the owner - the state. But under certain circumstances, the apartment can be exchanged for an equivalent one, after agreement with the municipality.
When is it necessary to re-register a car?
It is necessary to re-register a car every time its owner changes. In this case, a change of owner can occur in various ways:
- Transfer of a motor vehicle to another citizen under a general power of attorney.
- Conclusion of a gift agreement.
- Entry by a citizen into the rights of an heir.
- Sale of a car as a result of concluding a purchase and sale agreement.
All of the above cases must be accompanied by the execution of title documents, without which the transfer of the car into the possession of another person will be considered invalid. Only on their basis does the new owner have the right to fully and without any restrictions own the purchased car. At the same time, the procedure for re-registering a car under a purchase and sale agreement in 2020 is no different from re-registering a car to another owner for other reasons.
In the same way, it doesn’t matter whether you transfer the car to a close relative or to a third-party buyer. The whole procedure will look similar, so when transferring equipment to a relative, you can choose any convenient option for drawing up title documents - a deed of gift, a will or a bill of sale. Especially if the transfer of property rights is carried out free of charge.
However, if both citizens are closely related, it is advisable to choose the option of drawing up a deed of gift. In this case, both people - the donor and the recipient of the gift - are exempt from paying any taxes. When registering a deed of gift for a distant relative or a stranger, the recipient of the car will have to pay 13% income tax. When selling a car, the seller pays the same tax. According to current legislation, close relatives include:
- Children and their parents. This includes not only biological parents and children, but also children adopted on the basis of officially issued documents and their adoptive parents.
- Brothers and sisters. In this case, close relatives are considered to be citizens who have both common parents or only one. Half-brothers and sisters do not fall under the concept of “consanguineous relationship.”
- Husband and wife. Most often, a closely related relationship is recognized between a man and a woman who are in an officially registered marriage. People in a civil marriage can only be recognized as close relatives by a court decision.
All other family relationships (nephews-aunts, grandchildren-grandmothers, etc.) are not included in the concept of “closely related”. Re-registration is also necessary if:
- The owner of the car changes his place of residence, with a change in his permanent residence address.
- The owner changes his passport details - for example, full name.
- Changing the external data of the car: body color or design.
What documents will be needed
The procedure for re-registration of ownership of an apartment depends on how it is transferred to another owner, because the owner at the initial stage must confirm his right to own and dispose of housing. Also, in addition to the presented data, in some cases it will be necessary to attach other documents to confirm compliance with the rights of other persons.
Buying and selling an apartment
The main package of documents that must be collected when drawing up an apartment purchase and sale agreement includes:
- contract of sale;
- identity card of the parties to the transaction;
- title data for the apartment, that is, a certificate of ownership;
- technical certificate;
- extract from the Unified State Register of Encumbrances;
- extended extract from the house register;
- a certificate from the management company or homeowners association confirming the absence of debt for housing and communal services.
In addition to the specified data, the following is attached:
- notarized consent of the spouse for the sale of housing, if it was purchased during marriage;
- permission from the guardianship authorities if a child is registered in the apartment being sold.
If the housing is in shared ownership in accordance with Article 250 of the Civil Code of the Russian Federation, a notice of the right of first refusal to other co-owners is attached.
Important! Article 250 of the Civil Code of the Russian Federation requires compliance with a 30-day period between notification of the intention to sell a share and an offer to sell part of the apartment to other persons. Moreover, if the remaining residents refuse to participate in the transaction in writing, the housing can be sold earlier than the established deadlines.
Transfer of ownership by deed of gift
The donation procedure within the framework of the norms of Article 572 of the Civil Code of the Russian Federation implies the gratuitous donation of housing. However, due to the fact that the owner of the apartment changes, a certain package of documents is also provided for state registration of the transfer of ownership rights:
- passports of the parties;
- certificate of ownership;
- gift agreement;
- technical certificate;
- extracting books from home;
- inventory value of the apartment for tax calculation.
Additionally may be included:
- documents on the powers of the legal representatives of the donee, if we are talking about a child;
- consent of the spouse, if housing was obtained while living together.
Important! By virtue of Article 37 of Federal Law No. 102, the law allows the donation of an apartment that is under a mortgage, but only with the written consent of the bank - the mortgagee of the housing.
Re-registration of an apartment after death by inheritance
The process of entering into an inheritance involves the preliminary passage of a fairly lengthy procedure, defined by Chapter 61 of the Civil Code of the Russian Federation. Moreover, in the event of a dispute about the size of the inheritance mass and the allocated shares, legal proceedings are also possible.
In order to enter into legal rights, the following documents will be required to re-register an apartment:
- passport;
- certificate of ownership issued by a notary;
- title data for housing;
- technical documentation for the apartment;
- court decision if controversial issues arise when determining shares;
- extracting their apartment register.
Important! When transferring ownership of an apartment to a close relative, personal income tax is not paid. If the inheritance is entered into by a person who does not have close ties with the testator, the tax is 13%.
Re-registration of a privatized apartment
After privatization, housing can be disposed of as you wish. You can sell it, donate it or bequeath it. At the same time, in the process of collecting a package of documents, a number of features should be taken into account. So, during privatization, one of the registered family members can renounce his share in favor of his wife, for example, and receive the right of lifelong residence, which future owners should be aware of. Also, certain difficulties may arise if a minor is registered in the apartment. It will not be possible to discharge him without the permission of the guardianship authorities.
What documents are needed to re-register an apartment under an exchange agreement?
An exchange of apartments can be called an analogue of a sale, because the owners of residential premises simultaneously act as both a buyer and a seller under Art. 567 Civil Code of the Russian Federation. And since two residential premises are involved in the transaction, two packages of documents are prepared, which are provided for during the purchase and sale. Only the exchange agreement is attached to the above data.
Re-registration of the owner under a rent agreement
Under Article 583 of the Civil Code of the Russian Federation, a rent agreement implies the transfer of ownership of housing subject to care for the owner or payment of lifelong maintenance to him. At the same time, re-registration of ownership rights under a transaction of this type can be carried out immediately or after the death of the annuity recipient. Moreover, regardless of the time of transfer of ownership rights, the main package of documents is accompanied by a rent agreement and permission from the guardianship authorities if the owner is incapacitated.
Package of necessary documents
You can find out what specific documents are needed to re-register a car to another person at any traffic police department or on the official portal of the department.
As of 2020, the list of documents required for such verification includes:
- owner's application for re-registration of his car;
- general passport;
- certificate that the car is registered;
- an agreement certifying the purchase of a car by the new owner;
- vehicle passport (PTS);
- MTPL insurance;
- receipt of payment of all government fees.
They will not require compulsory motor third party insurance (MTPL) insurance when re-registering a car, but without it it will not be possible to drive around the territory of a populated area. This means that you won’t be able to get to the traffic police department where the re-registration takes place. It is allowed to use the old policy if it is possible to add a new owner to it. If this is not possible, then you should issue a new one.
It is important to remember that the title must have space to include the new owner. If there is no space, then the previous owner of the car should deal with the registration of a new passport at the stage of preparation for the transaction.
All documents are submitted to the inspection department in original form and copies.
Re-registration procedure
In pursuance of the provisions of Article 551 of the Civil Code of the Russian Federation, the procedure for transferring ownership of real estate is subject to mandatory state registration. You can register and obtain a certificate of ownership at the Rosreestr at the location of the property.
In this case, you can re-register an apartment through the MFC in a simplified manner. First you need to get in line by phone or by electronic registration. Visit the Center at the time appointed by the specialist and give him a complete package of documents. The period for re-registration of an apartment is only 10 days, after which the new owner is issued a certificate of ownership.
Documents for re-registration of a car in 2020
To complete the re-registration procedure, the new owner will need to submit the following set of documentation to the traffic police:
- Passport to identify the applicant.
- An application completed in accordance with the required standards.
- An official copy of the purchase and sale agreement or other title document.
- OSAGO insurance policy.
The application form can be obtained directly from the traffic police department. It should be filled out as follows:
- The name of the territorial traffic police department to which the application is being submitted is indicated.
- Owner details – full name, residential address.
- Information about the vehicle being registered.
Recent changes made to the procedure for registering vehicles allow it to be re-registered without changing registration numbers. The procedure for changing numbers was canceled as completely impractical and leading to unjustified time and financial costs. Today, deregistration is a mandatory procedure only in a few cases:
- If a car purchase and sale agreement is concluded with a citizen of another country. Otherwise, the new owner may have problems with customs clearance of the purchase, as well as with registering the car in his home country.
- When a car is sent for recycling. Vehicles that have not been deregistered will not be accepted for recycling by recyclers.
- If a car is officially reported stolen, its registration plates automatically become invalid.
In other cases, by mutual agreement of the seller and buyer, license plates may be retained. This fact must be reflected in the purchase and sale agreement.
Deadline for re-registration of the house
Advice from lawyers:
1. What is the deadline for re-registration of documents for a house after the death of a brother, if the house is for two people?
1.1. The general period for presenting your right to inheritance is 6 months from the date of opening of the inheritance (the date of death of your brother in your case). The registration period may be delayed for various reasons, in particular if one of the heirs misses the deadline for entering into inheritance and wants to restore this deadline in court.
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2. The question is this: I am the main borrower on the mortgage loan, my wife is a co-borrower, the house is registered in my name, mat capital was used, the question is: how can I pick up the documents to re-register the payment terms and can I keep the documents?
2.1. Very little information. It is unclear what documents we are talking about and who has them, whether the house is pledged to the bank and what maternity capital has to do with it.
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3. Under a gift agreement, I received a residential building from a close relative. Registration took place through the MFC. Which authorities do I need to notify about the change of ownership? Do I need to submit applications for renewal of contracts with gas services, energy companies and others? If yes, then with whom exactly? Are there deadlines?
3.1. Good day! yes, you will need to re-register all supply contracts in your name (gas light, heat water, etc.) New contracts will be concluded with you and personal accounts will be re-registered. If the house is private, then the issue with garbage needs to be resolved. In some cases individual agreements are concluded, in others collective agreements are concluded. (through the municipality) in both cases they need to be renegotiated. Either a new one from the removal companies, or provide data to the municipality about the change of ownership) In addition, if you fall under the taxable category (not a close relative - these are parents. Children and spouse) then you need to fill out a declaration and pay tax.
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4. What is the statute of limitations for unpaid compensation for housing and communal services for a group 2 disabled person? Due to the fault of the post office, compensation for housing and communal services stopped being delivered to the house, and the disabled person has been waiting for 4 years. Who should control and notify the disabled person about the re-registration of the payment?
4.1. Hello! For periodic payments, the limitation period is three years and is calculated for each overdue payment separately.
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5. A consumer loan was issued for my husband, about 430,000 rubles. The house is registered in the name of the husband, bought in legal marriage. The minor son is registered in this house. If there are debts to repay the loan, can the bank repossess the house? Is it possible to transfer the house to my wife? Do I need to transfer the house to my wife through the court? What is the statute of limitations regarding the re-registration of real estate to the wife will be considered if the case suddenly comes to court for non-payment of a loan?
5.1. If the house is the only home for the husband, and it is not mortgaged with a loan, then they will not be able to “take it away”. It refers to property that is not subject to foreclosure.
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5.2. If this house is the debtor’s only home, then, by virtue of Article 446 of the Code of Civil Procedure of the Russian Federation, debt collection cannot be taken against this house. However, such a house can still be seized, and a situation will arise that it cannot be sold or disposed of in any other way until the debt is repaid in full.
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6. The man went to prison. The house in which he owned an apartment was demolished while he was sitting there. They gave new apartments to the residents of the demolished building, what about re-registration of this person’s property? Are there any deadlines and risks? Or will a person get his own apartment in any case, regardless of the time he is away from prison? Can the administration refuse to provide you with the required housing after your release?
6.1. Good day! There are no deadlines; in any case, they will be required to provide housing to the person; they have no right to leave him without housing.
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6.2. Hello, Sergey! This person cannot be deprived of his property; he, as the owner of a privatized apartment, must be provided with equivalent comfortable housing (with the same footage and number of rooms) or monetary compensation for the purchase of a new apartment in the amount corresponding to the market value of his apartment. Sincerely, STANISLAV PICHUEV.
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7. The man went to prison. The house in which he owned an apartment was demolished while he was sitting there. They gave new apartments to the residents of the demolished building, what about re-registration of this person’s property? Are there any deadlines and risks? Or will a person get his own apartment in any case, regardless of the time he is away from prison?
7.1. It is necessary to contact the city administration with an application for the provision of residential premises after the demolition of the house... Good luck...
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7.2. After his release, they are obligated to provide him with housing in the same way as other residents and on the same grounds. No deadlines apply in this case.
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8. After the divorce, 2.5 years later, I filed for division of property, House and land. There were 2 trials and he didn’t come. Then it turned out that during the trial he transferred the house to another person. Then he promised verbally that he would solve everything without trial. I believed it and took the claim back. Almost a year has passed with no action. Is it possible to file a new lawsuit or has the statute of limitations passed? And also invalidate the re-registration of the house during the trial..?
8.1. Have you given up your claims? In this case, you cannot file a claim again on the same subject and basis! The court warned you about this in writing. Remember.
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9. The son, a shareholder, wants to re-register the apartment in his father’s name before the house is built. He doesn’t want to deal with selling an apartment, running around to notaries and lawyers, to tax authorities... Will my son have to pay 13% tax when re-registering in his father’s name? If the father wants to sell an apartment in the near future. Deadlines after handing over the keys. Who will pay tax on the sale of an apartment? Son or father?
9.1. Re-registration can only be done in two ways: ! Conclusion of an apartment donation agreement, Article 572 of the Civil Code of the Russian Federation. 2. Concluding an agreement for the sale and purchase of an apartment, Article 549 of the Civil Code of the Russian Federation. If there is a donation, there is no need to pay personal income tax. If there is a sale, then the son will have to pay tax. If then the father sells the apartment, then he will have to pay 13%
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9.2. Let him make a donation and then neither father nor son will have to pay tax; tax is not paid for gift transactions between close relatives. Or an agreement on the assignment of the right of claim to the developer. Further/, the father can sell without tax either after three years or at a price of less than a million. All. To clarify your position, please contact us for an in-person consultation.
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10. We bought an apartment for £214. z., we entered into a preliminary contract where the deadline for the house is 11.03.2016, the developer invites us to renew the contract with the deadline of 09.11.2016, what will we lose if we renew the contract? Thank you.
10.1. You should require the conclusion not of a preliminary agreement, but of an agreement within the framework of Federal Law-214.
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11. I inherited a house in the village from my dad. I missed the deadline for entering into an inheritance. I have now decided to re-register it for further sale. My parents had no children besides me, so it turns out that I am the only heir. I am registered in this house, but I have not lived there for 6 years. I wanted to know if it’s true that re-registration costs 20,000 rubles and the time frame is about 3 months? Thanks for the answer.
11.1. Lyudmila, the notary will send you to court to restore the deadlines for accepting the inheritance. And it’s not a fact that they will be restored. In fact, you also did not enter into the inheritance. Yes, registration costs about that much. The notary will tell you exactly. You still have other problems. How to enter into an inheritance.. That’s the problem..
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12. The question is: Does the owner have the right to transfer ownership of an apartment in a building under construction, purchased under the “Housing for Russian Family” program. If so, can he do this immediately after concluding an agreement with the developer, or must some period of time pass? The apartment is purchased for cash, without loans or mortgages. How much will re-registration cost approximately in terms of money, time frame and what is required from the participants for this?
12.1. Clarify the relationship between the statements: “purchased under the Housing for Russian Family program” and “The apartment is bought for cash.”
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12.2. Alexei! Miser pays twice. You could lose everything.
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13. How much will it cost to re-register the land and house in your name after the death of your parents, through the court, because missed the deadline for entering into inheritance. What documents are needed and how long does this procedure take?
13.1. The procedure is long, ask your notary for the price.
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13.2. Hello, contact a lawyer in person in your city, they will help you solve this problem. You can find a lawyer from your city on our website in the directory.
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13.3. If all documents are available, an average of three months.
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13.4. The state duty, post. 333.19 of the Tax Code of the Russian Federation, depends on the cadastral value + for the services of a lawyer.
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13.5. You first need to restore the deadline for entering into an inheritance. If you did not actually accept the inheritance, that is, you did not live in the house for 6 months after the death of your parents, then the chances are small. In any case, you need a lawyer to assess the circumstances.
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14. How much will it cost to re-register a house in your name after the death of your parents, through the court? Because I missed the deadline for entering into inheritance. And what documents are needed to file a lawsuit? Many thanks for the help.
14.1. Hello, you need to contact a lawyer to draw up a competent statement of claim to restore the deadline for entering into an inheritance.
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14.2. All calculations can be obtained from a notary.
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15. After the death of my husband 9 years ago, I entered into an inheritance, but still have not transferred the title of the house and land to myself. Is there a deadline for re-registration?
15.1. There are no deadlines; in any case, you are the owner on the basis of a certificate of inheritance. But in order to avoid unforeseen situations, still contact Rosreestr and obtain a certificate of ownership. All the best.
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15.2. No, you can apply at any time.
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15.3. Hello. It all depends on what is meant by “entered into inheritance”? An accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, as well as regardless of the moment of state registration of the heir's right to the inherited property, when such a right is subject to state registration. If you simply submitted an application to a notary, then you will also need to obtain a certificate of inheritance rights and, on the basis of it, obtain certificates of ownership from the MFC (Rosreestr). If a certificate of inheritance has already been received, then you just need to contact the MFC and obtain certificates of ownership of the land and house. All the best!
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16. Deadline for acceptance of inheritance. And also what documents will be required to re-register a house, and where to go if there are no documents for the ownership of the house?
16.1. The period for accepting an inheritance is 6 months from the date of death of the testator. Contact a notary in any case, whether you have documents or not.
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17. I moved from the Khabarovsk Territory, Sovetskaya Gavan, to Moscow Region, village. Buzhaninovo, Sergiev Posad district. Today I registered for permanent residence with my daughter in a private house in Buzhaninovo, Sergiev Posad district. 1. Where and within what time frame do I need to apply to re-register my pension? 2. What documents do I need to provide (my pension will be transferred to a Sberbank social card) 3. How will my old-age pension change?
17.1. 1. There are no deadlines. You need to contact the PFR branch in the Sergiev Posad district. 2. Passport with registration and application (write to them). 3. May decrease if RUK was accrued in connection with living in RUKS/ISS.
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17.2. Hello. 1) No deadlines have been set. PF, branch for the Sergiev Posad district 2) Identification document - passport 3) May decrease.
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18. The developer notifies of the need to re-register the shared construction agreement and increase the construction period. Is it necessary to renew the contract? The house will not be delivered on time.
18.1. Hello Olga, you have the right not to renew the contract and demand a penalty from the developer for each day of delay.
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18.2. At your discretion. If you do not sign, you will have the right to collect a penalty from them.
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19. Please write what actions and documents are needed to re-register ownership of the deceased mother’s house. And what documents should be issued by which organizations. The application was accepted by the notary within the legal deadline. Thank you very much in advance.
19.1. Hello! You went to the notary and opened an inheritance case - if I understood correctly. After six months, you will again come to the notary and he must draw up a Certificate of Inheritance for you, on the basis of which you will register the right to the house.
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19.2. Hello. If the ownership of the house is registered, take a certificate of inheritance from a notary and go to Rosreestr. If not, then through the court, and the list of documents will depend on the specific circumstances.
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20. The plot was given to the ex-wife for the construction of a house. Encumbrance on the deadline for commissioning the house. The house is unfinished, we got divorced. The plot can be taken away after the expiration of the period. The ex-wife does not want to deal with the sale and re-registration. How can I properly return the half of my invested money?
20.1. It is necessary to evaluate the unfinished construction, then invite her to determine the shares in the joint property voluntarily; if she does not agree, then she must go to court with a claim for the division of joint property.
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20.2. Since the plot was given to the wife, the obligation to open the house lies with her. If the land obligation is not fulfilled, the plot may be required to be returned? If so, then determine the shares in the jointly acquired property, as indicated in the previous consultation, and try to re-register the land in your name. Take a photo of the house in the condition it is in now. Then finish building the house yourself, without the risk that after construction resumes, the wife will lay claim to the house, because You will have a court decision and a contract for the plot on you.
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I purchased a car with a manual transmission 1400 km from home, on the way home the car broke down and is not drivable at the moment,
It is necessary to re-register the house and land in the name of the son, the mother died in 2004, the son is in prison,
I have the following question: the house is registered in the name of my brother, now he wants to re-register it in the name of his mother (retired)
The deadline for entering into inheritance (2 years) for an old house in a village in the Tambov region has been missed.
My mother died in 2001, my father died even earlier. There are two of us with my brother. There were and are no disagreements regarding the inheritance of property.
Tell. If, after my grandmother’s death, I re-registered the house as my name, in 2010.
I would like to clarify the procedure for registering real estate (part of a house) using a deed of gift.
We are going to buy a house in vegetable gardening, the lease period is 49 years, with the possibility of transferring the land into ownership,
The question is: several years ago I bought a house, the land under it was on a long-term lease.
Until now, my father lived in a private house (Moscow region). I paid for gas heating by area, without a meter.
Are there deadlines for completing the re-registration of primary documents for a land plot and a residential building in rural areas (Certificate of land ownership,