Land share in inheritance: statute of limitations

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A land share, or a share in the total area of ​​a plot, can be inherited along with other property. The only condition is that the testator has ownership rights. But the transfer of rights to such property is a complex legal procedure that has its own specifics. Step-by-step instructions for registering a land share as an inheritance will help you avoid mistakes.

Inheritance of a land share: legislative framework

The process of transferring land shares to heirs is regulated by the norms of Chapter 3 of the Civil Code of the Russian Federation. Thus, Article 1110 gives the testator the right to dispose of property at his own will. Article 1112 sets out the main components of the inheritance mass, and Article 1181 determines the procedure for inheriting land plots.

Other legal acts in this area include Federal Law No. 122 of July 21, 1997 “On state registration of rights to real estate.” The heir to whom the land share is bequeathed should carefully read the provisions of these documents.

Documents receiving

• Find out the cost of the share.

A certificate of how much a share is worth is issued by specialists from the land resources committee. You should contact the place where the inheritance for the land share is located.

• Confirm that the plot is not mortgaged and the land tax has been paid.

Documents confirming that the land is free from encumbrances are issued by tax inspectors.

Advice. If you find that you have debts, pay them off. After that, continue with registration.

To obtain certificates, you do not have to ask a notary to make a request. Certificates are issued based on the application of the future heir. Another procedure is defined for transferring property rights to heirs. The notary makes a request for a certificate that confirms the authority of the testator to dispose of the property. With the help of an expert's request, the heir receives a certificate. The certificate confirms that the deceased owner actually had rights to the share.

Features of inheriting a land share

As the legislation says (Article 130 of the Civil Code of the Russian Federation), a land share is a type of real estate. True, formally it is not considered a plot of land, but only the right to claim the allocation of an allotment of a specific area.

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Stanislav Ershov

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The unallocated part of the common territories can be registered in the name of an individual and transferred to his possession. But a citizen acquires the right to complete disposal of property only by holding a general meeting of shareholders, performing land surveying, that is, determining boundaries, and registering the plot in Rosreestr. Until this moment, the land plot can be left as an inheritance, but it will not be possible to sell or rent it out

How to register a land share inheritance

Advice from lawyers:

1. There is a land share left. inheritance from my mother in Crimea! How to apply?

1.1. Obtaining a certificate of the right to inheritance is carried out within the framework of an inheritance case. Within 6 months from the date of opening of the inheritance (death of the testator), it is necessary to contact a notary with the relevant documents confirming the existence of a family relationship.

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1.2. If you entered into an inheritance, on the basis of a certificate of inheritance, you can legally become the owner of this land. share. If the period from the date of death has not entered into less than 6 months, contact a notary with an application for acceptance of the inheritance. If the period from the date of death has not entered more than 6 months, then apply to the court to restore the period. But there must be good reasons for this. Part 3 section 5 of the Civil Code of the Russian Federation.

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Consultation on your issue

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2. Is it possible to inherit a land share from a grandmother to her grandson?

2.1. Karina Anatolyevna, hello, It’s not entirely clear what you mean, but of course it’s possible. A grandmother can, for example, write a will for her grandson.

Did the answer help you?YesNo

3. How to register the land shares of the husband’s deceased parents as an inheritance?

3.1. Good day. They can be registered in the order of inheritance through a notary within the time limits established by law. At the same time, the right of inheritance arises only from legal heirs if there is no will. You need to contact a notary on this issue.

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3.2. Hello. If the land shares were owned, then you need to contact a notary to enter into inheritance. Thank you for visiting our site.

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3.3. There can be only two options - either through a notarial procedure or through a judicial procedure. I can’t answer anything more specific at the moment, because... There is no food for thought. In general, on issues where there is a likelihood of a decision in court, it is advisable to immediately consult in person and provide the available documents (mainly documents confirming the rights of your parents in relation to the shares). Based on the results of the consultation, decide whether you will need the services of a lawyer or handle it yourself.

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4. We want to sell a plot of land (share) I have 1/2 share, the other part belongs to my mother. We inherited the share. Do we need to have the purchase and sale agreement certified by a notary? Or we ourselves can draw up an agreement and take it to the MFC for transfer to the Russian Register.

4.1. The law does not require mandatory notarization at the MFC; you and the buyer must provide only passports and an agreement in 3 copies.

Did the answer help you?YesNo

5. How to inherit a land share from deceased grandparents if they have a daughter but don’t need her share and she doesn’t want to register it?

5.1. Hello! Grandchildren can inherit after their grandfather/grandmother by will, or by right of representation (instead of the grandson's deceased parents), or by transmission (if the deceased parents did not have time to accept the inheritance). Civil Code of the Russian Federation Article 1142. Heirs of the first stage 1. Heirs of the first stage according to the law are the children, spouse and parents of the testator. 2. The grandchildren of the testator and their descendants inherit by right of representation. In other cases, grandchildren have no rights to inherit. In order to recommend any specific actions to you, additional information is needed. Seek a personal consultation. Thank you for your feedback.

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5.2. Elizabeth, If this daughter is your mother, then after her grandfather and grandmother she will inherit. If your mother is alive, you will not inherit from your grandfather or grandmother.

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5.3. A simple refusal by a notary in your favor... From your first-degree relative.

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6. I have a debt to the tax office, since I am not covered by the state of emergency of Ukraine, now in Ukraine I need to register an inheritance of a land share, I am a citizen of Ukraine.

6.1. Inna, why did you tell us this? What is your question?!

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6.2. Inna, you need to contact the Ukrainian. to a lawyer to formalize the inheritance and close the emergency, since EVERYTHING is dripping.

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7. I wanted to ask about my mother’s land share, I didn’t know at all that this share could be transferred, that it was possible to register an inheritance, I came to the village council and was told that they registered it as unnecessary since no one had applied, I didn’t know about it at all, and They say that I will no longer be able to return or register my mother’s share, and the question arose whether they had the right to do this without me, shouldn’t they have informed me, I live in the same place as the village council.

7.1. Good afternoon, in this case, they still had to notify the heirs to find out about them. In the event of a sale, compensation had to be paid.

Did the answer help you?YesNo

7.2. From your question only the general picture is clear, but there is no information to give you an accurate answer. You did not indicate whether your mother managed to register her right to the share during her lifetime, and if not, whether the document on the allocation of the share to her was preserved when she died, whether you accepted the inheritance after her, and, most importantly, I would like to understand what it means “They processed it as unnecessary because no one applied.” Apparently, they were talking about escheatable property, but this is still only an assumption. I recommend seeking personal advice, because... Such issues, where there is a high probability of going to court, are not discussed “on the Internet”.

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8. My mother, who died long ago more than twenty years ago, had a land share. We never entered into the inheritance. Can we process it now? There are no problems among the heirs; everyone is ready to give up their rights in favor of their father. And can we change the location of the share to another location?

8.1. Hello! This issue can most likely only be resolved through the courts. I need to see the document for this share for an accurate answer. If in fact you are from Saransk and can show me personally.

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9. The question is this: my son died, the first priority heirs are his wife, adult children from his first marriage, and I am the mother. The wife did not include in the inheritance estate a garage in a garage cooperative (unregistered, but the share was paid) and a house on a plot of land in TSN, which was also not registered. The plot is registered and inheritance is included. How can this property (garage and house) be inherited if the wife refuses to provide at least some documents to file a claim in court?

9.1. Hello. File a lawsuit, ask the court to request documents.

Did the answer help you?YesNo

10. I moved from Ukraine to Russia and received Russian citizenship. There was a land share left in Ukraine, which I inherited. Can I issue a deed of gift for my brother, a citizen of Ukraine?

10.1. Marina, Of course, you have the right to dispose of your property at your own discretion.

Did the answer help you?YesNo

11. My grandfather had a share (LAND), he died, his daughter did not register it, that is, my mother, now she is gone, can I register this share?, I am registering my mother’s inheritance.

11.1. In the administration of the district where the land plot is located, request an archival certificate about the issuance of shares to your grandfather. Yes, you have the right to register an inheritance by right of representation after your grandfather.

Did the answer help you?YesNo

11.2. Dmitry Alekseevich, There is no right of representation here, because Your mother died after your grandfather. But, of course, you need to sort out the documents.

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12. I have the following question: - Is it possible to draw up documents for a share as an inheritance (land plot of 5 hectares)? In the 90s, my father was given a share of 5 hectares of land in the village administration. But the father does not know where the documents are, as he gave them to his cousin so that he could use this land. At the moment, this land has not been used for about 9 years. And his cousin did not return the documents. What to do and what to do in this case?

12.1. Hello. Your father can contact the administration of the locality to which the land plot belongs and receive a duplicate of the title document there. After receiving the document, it is advisable to contact the MFC to confirm the previously arisen right (registration of the right of common shared ownership). The question also states that you want to register a share of the land plot (share) as an inheritance, which is a little unclear. But if the share of the land plot does not belong to your father, but to the person on whose property your father entered into an inheritance, then in order to obtain title documents you will need to obtain a certificate from the notary in charge of the inheritance case stating that your father is the heir. In the case of inheriting a share of a plot, after receiving documents from the administration, you will need to contact a notary to obtain a certificate of inheritance. In this case, the notary is obliged to independently submit the documents for state registration.

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13. In 2014, I inherited two land shares after the death of my mother. The agricultural cooperative issued a lease for one share, but they say the second share was recognized as unclaimed, they say where was your land according to the cadastral number, there was not enough land there, the head of the agricultural cooperative bought it and we allocated it to you land in the swamp. What do I need to do next?

13.1. In what sense, what to do next? You have a share of the land. or... Do whatever you want. If the earth As a result of the allocation of shares in kind, your plot was not in the place where you would like, then nothing can be done.. But it’s just not clear what it means that there was not enough.. This, in principle, cannot be, since it is impossible to get from the division more than the whole...

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14. The situation is this. I have a land share. I want to register for my minor daughter. The notary says that it is impossible because she does not have shared ownership, but how can she if he is a child. leased land. We inherited it from our mother. There is evidence. What should I do?

14.1. Due to the requirements of Federal Law No. 101 “On the turnover of agricultural land,” a participant in common shared ownership can sell or donate his share without allocation only to a participant in common shared ownership of the same land plot or to its tenant. You can only bequeath your share to a non-participant in the common shared property, in this case, to your daughter.

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15. We received a certificate of inheritance rights to a land share about 11 years ago, they say after 10 years we need to re-register the rights, is this true?

15.1. Good afternoon Have you ever registered your property rights with Rosreestr? Maybe this is exactly what they are telling you, since only a certificate of inheritance is not enough to confirm ownership under current legislation.

Did the answer help you?YesNo

16. Please, what tax must be paid when selling land shares registered as an inheritance 5 months ago?

16.1. Hello Nina! Tax rate 13%. Tax is paid on amounts exceeding 1 million rubles.

Did the answer help you?YesNo

17. In 2003, my grandmother died. According to her will, she left a house and a land share in the village. They accepted the inheritance within the prescribed period, but did not issue a certificate of ownership of the land. Now the village administration is filing a lawsuit to recognize the land share as unclaimed. Question: 1. How to transfer a land share to yourself. 2. Is it possible to sell or lease this land?

17.1. Good afternoon. Bring it to completion, receive ownership and then you can sell or rent it out.

Did the answer help you?YesNo

18. My brother, according to my grandmother’s will, inherited in 1994. Later it turned out in 2003 that my grandmother had a land share; my brother did not register it. In 2010, my brother died, and to date the share has not been registered. Can I apply for a land share through the court?

18.1. If a brother has entered into inheritance rights, then after his death his heirs can register this plot of land, but on the condition that they themselves at least actually accepted the inheritance within the prescribed period.

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19. I have a question. How can you register your share of the inheritance if the co-heirs do not intend to do this in the near future? Part of the house and part of the land share.

19.1. Can. Receive certificates from the notary for your share and issue them.

Did the answer help you?YesNo

19.2. Contact a notary, write an application to enter into inheritance rights, and after 6 months, the notary will issue you a certificate for your part of the inheritance.

Did the answer help you?YesNo

20. The deceased was not registered anywhere. The property has a land share. How to register an inheritance?

20.1. Hello. First, you need to make a request to the archive department of the administration at the location of the land plot and find out whether there is a decree (decision) on the allocation of a plot of land. Then go to a notary. If they refuse, then sue. Good luck. IN.

Did the answer help you?YesNo

20.2. Contact a notary at the place of death.

Did the answer help you?YesNo

There is a certificate of inheritance of 1/2 land share (SON), which is 1 plot - 0.2 hectares, 2 plot - 0.5 hectares.

Mom died 7 months ago, she had a land share, since she and dad were not registered, the share was taken over by my brother.

The closest relative left a land share as an inheritance. He died in 2008.

I have a land share, which I received by inheritance. It is rented out.

I received a court decision on the right of ownership of a land share by way of inheritance, but I read that it is possible to register in Crimea before January 1, 2019 - what if I don’t have time?

My grandmother and my father's brother died. He was not married and had no family.

In my mother's land share, the last name and first name are spelled incorrectly.

The heir to the land share declared his right to inheritance in 2008, but completed the documents only in 2020.

In 2008, I lent a person $3,000 on the security of a land share, they issued a receipt,

What tax will I have to pay when selling land shares? Registered as an inheritance 1.5 months ago.

After the death of the mother-in-law, 5 years passed, the inheritance was a land share in a rural area, the husband missed the deadline for entering into the inheritance.

Ways to receive a share by inheritance

Like any property, including real estate, a land share can be inherited in two ways:

• According to the will. Through a will drawn up by a notary, the testator determines the circle of heirs and the size of the share of each of them. If desired, the will can be canceled or adjusted at any time.
• In law. If there is no testamentary document, interested parties must come to a notary within six months after the death of the share owner and declare their rights to the inheritance. Reinstatement of this period is possible only for valid reasons.

But even if there is a written will of the deceased, there is a circle of persons who cannot be completely disinherited. Mandatory heirs, whose shares are allocated in any case, include incapacitated and minor children, parents or spouses who have lost their ability to work, as well as dependents

Conditions for inheriting land

The likelihood of acquiring a land share by right of inheritance is regulated by paragraph 17 of Law No. 122-FZ of July 21, 1997.

A share territory can be inherited only when the testator has managed to complete the process of allocating a share of the common space during his lifetime and has received a certificate of ownership or lifetime leasing.

Confirmation of the grounds for ownership of property by a now deceased citizen is provided for registration in the State Register. If there are erected buildings, a package of documents is provided with a construction permit, an acceptance certificate and other papers for the structures.

It is possible to receive a share in an inheritance on the basis of a will or the right of legal succession according to the order of inheritance.

If the last will of the testator has been drawn up, the notary will notify the heir of the property due to him. The potential successor will have to contact the notary officer who registered the will of the now deceased citizen.

The procedure for accepting a land share as an inheritance

To register land as an object of inheritance, the future owner of the share needs:

1. Contact a notary in compliance with the deadlines specified above and inform about your readiness to accept the inheritance.
2. Prepare documentation confirming inheritance rights.
3. Submit an application for an assessment of the plot to the Land Committee of the area where the plot is located. A commission will be appointed in the State Land Agency division that will select the valuation method and calculate the cost. Based on the results of the work, a report is drawn up.
4. Receive an extract from the Unified State Register confirming ownership of the object.

Determining the price is a mandatory step, which cannot be avoided when transferring land into ownership. If this is not done, the notary may refuse to further process the documents.

The concept of land share, a fact from history

First, let’s define what the concept of “land share” is. A share, by definition, is some kind of part. In our situation, an individual's share of a plot of land. This type of land ownership arose in the early 90s. Then the traditional and familiar collective and state farm types of peasant associations were reorganized as a result of bankruptcy.

The remaining land plots without owners were distributed:

• Former participants of collective farms and state farms
• Employees of a production cooperative
• State employees who served the same households

In those days, no one dealt with the legal side of the process. The lands were distributed only in documents, without specific land surveying. Therefore, many “lucky” ones were not able to obtain ownership of the land area. Local municipal authorities quickly privatized the empty plots for themselves.

Required Documentation

The list of documents required to acquire inheritance rights to a land share is as follows:

• Death certificate of the former owner.
• Certificate from the last place of registration of the testator.
• Passport of the person applying for a land share.
• An appraisal report that sets out the value of the site.
• A copy of the will and other documentation that can confirm the presence of family and other ties with the testator.
• Extract from the Unified State Register.
• Documentation for land: certificate of plot allocation, cadastral plan, document of ownership.

Depending on the situation, other documents may be attached. For example, if the heir’s birth certificate does not indicate that the testator is his father, but there is a corresponding court decision, it must be provided.

It is also worth considering that since 2020, the notary has no right to demand from applicants for inheritance information about the presence or absence of encumbrances (seizures) imposed on the plot. Employees of the notary office request such data independently.

The process of opening an inheritance

After determining the heir to the land share, the process of implementing certain legal procedures begins. Upon completion, it will be possible to issue a document evidencing ownership of the land share.

Step 1. Contact a notary

At the first stage, you need to contact a notary office to officially confirm your rights to this inheritance . When registering, which occurs in the presence of a will, you need to contact directly the notary who was involved in drawing up this will. The notary will issue a special note, which will indicate the validity of the will. The notary will give his confirmation that the specified conditions of the deceased were not changed by him during his lifetime, and also that this will was not canceled by drawing up a new one.

A citizen who has the right to inherit land must accept it within six months from the date of death of the testator or from the moment his death is recognized in court. If these deadlines are missed, restoration of your inheritance rights is possible through the court.

A positive decision for the applicant can be made by the court only if during the proceedings it is established that the heir did not know about the initiation of the inheritance or, due to some good reason, he missed the deadline for receiving it .

One of the options for registering ownership of a share after the expiration of the time allotted by law may be to obtain consent from other persons acting as heirs to receive inheritance rights by a person who has missed all the deadlines for acquiring them. In such a situation, it is necessary to obtain written consent from all parties in the presence of a notary. Otherwise, all written consents can be notarized separately.

The process of obtaining a land share in a situation where there is no will also begins at a notary's office. In such a case, you need to have with you all the documents that can confirm your right to receive an inheritance.

Such documents include:

• Certificate of registration of marriage relations;
• Birth certificate;
• A court decision establishing a relationship between the testator and a potential heir.

The full list of required documents will need to be clarified with the notary who will handle the inheritance registration.

FAQ

Despite the fact that the procedure is not complicated, its implementation will require a lot of effort and time.

Each stage of inheritance and registration of a land share is associated with questions to which citizens often do not receive answers. Let's look at the most common ones right now.

When can I inherit?

You can enter into an inheritance and receive a land share within six months from the death of the testator, that is, from the opening of the inheritance.

During this period of time, you must contact the notary who drew up the will.

In six months, the inheritance will pass to the state, but you can still try to get it back in court.

This will require documentary grounds confirming valid reasons why the citizen could not receive the inheritance.

Interested in the cost of renting a land share in 2020? Find out here.

How to terminate a lease agreement for agricultural land? Step-by-step instructions are presented in this article.

Is it necessary to renounce relatives?

When entering into an inheritance under a will, a waiver from relatives is not required.

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The notary must carry out his actions without this document, otherwise you have the right to appeal his actions in court.

Every citizen can cope with the transfer of a land share into ownership under a will if he carefully studies the article and understands each stage of the procedure.

Required documents

Collecting a complete package of documents is one of the lengthy processes, because it is almost impossible to obtain all the certificates in one day.

1. Death certificate
2. Identification data of the person receiving the inheritance property - passport of a citizen of the Russian Federation
3. Certificate of residence of the heir
4. A certificate confirming the existence of a family relationship between the heir and the testator. If it is impossible to provide such a document, then it is possible to provide a court decision, which rules that the participants in these inheritance legal relations are indeed relatives.
5. Documents for land area
6. Resolution on the cost of the site. Issued by the resource committee in the municipality that owns the share
7. Certificate confirming the absence of debts

This list of documents for inheritance is not exhaustive. In a specific situation, they may ask for an additional certificate confirming the position of the heir or testator, which is not indicated in the official, main list.

Contacting a notary

How to re-register a land share under a will? To do this, the first thing you need to do is visit a notary office.

This is necessary to confirm your own rights to a piece of land.

If inheritance occurs according to law, then you need to have documents with you that confirm the degree of relationship.

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As such documentation, as a rule, a birth or marriage certificate is presented.

If inheritance occurs according to a will, then it is necessary to visit the notary office in which it was drawn up.

This is necessary in order to put a mark confirming the fact that the testator did not change or cancel the validity of the executed will.

After visiting the notary, you will need to collect a package of documents. Let us immediately note that some of them can only be obtained at the request of a notary’s office, others you must present yourself.

One of the stages of registering a land share as an inheritance is:

• procedure for assessing the value of a site;
• obtaining a certificate issued to the legal successor by the local Land Committee.

This does not require a notary's request.

You yourself need to obtain a certificate issued by the tax authorities stating that there are no late tax payments, there are no arrests or prohibitions on the disposal of the share.

How to separate a land share from common shared ownership? See a sample application here.

Required documents

To re-register a land share transferred under a will, you need to collect a package of documents:

• death certificate of the person;
• a photocopy of the will left (it must first be certified by a notary);
• documents confirming the rights of the testator to own the land;
• registration certificate (it is issued only at the request of a notary);
• certificates confirming the absence of debts and non-payments on the site;
• certificate of assessment of the territory.

After completing the collection of documents, the notary will open the inheritance case. At the same time, an additional verification of a number of facts will be carried out - about the death of a person, about a citizen’s right to receive an inheritance, and other significant legal issues.

After this, a certificate is issued confirming the right to receive a share of the land.

Together with it, you will need to contact the registration authorities to register a share in the property.

To register rights to a land share, you will need to collect a new package of documents:

1. Cadastral passport.
2. Extract from the cadastral chamber, technical passport and site plan.
3. A document confirming the right to receive land by inheritance (issued by a notary).
4. Passport.

Together with them, you must contact the Registration Chamber. Employees of this body will review the submitted package of documents and help you draw up the application correctly.

At the specified time you will need to come and pick up the certificate of ownership.

It will give the right to dispose of the territory at its own discretion, including conducting various transactions and operations with it - sale, barter, donation or inheritance.

Procedure for transferring property to legal heirs

Registration of a land share as a property by inheritance consists of several stages:

1. Submitting an application for acceptance of inheritance to a notary representative:

• general legal principles for accepting property apply;
• the registration procedure takes place at the place of registration of the deceased person;
• Citizens with the same place of registration at the time of the death of the testator can do without an application; the successor is a young child, a teenager under 14 years of age, or an incapacitated person.

applications for issuance of a certificate of inheritance

1. Collection of documents confirming the right of inheritance.
2. Formation by a specialist of information about the site:

• provision of a land certificate;
• availability of a certificate confirming ownership;
• act of self-government bodies;
• regulatory agreements confirming the transfer of land ownership rights, the existence of a document of donation or purchase and sale.

1. Submitting a written request to the State Land Agency to obtain a land cadastre conclusion, with an assessment of the value of the land.

If there is no registration number for the plot, the notary may refuse to proceed with further registration.

1. Obtaining a notarized deed of ownership of real estate.

How to re-register a land share under a will?

Situations where the will specifies the transfer of a land share are rare. The ongoing reform, as a result of which the territories were obtained, was carried out by village councils and departments of district administrations.

Then this took place without appropriate preparation, so many citizens do not know about their rights to a share, they do not know how to properly manage them.

Due to the lack of understanding about the value of the object, they are rarely indicated in wills.