Dispute regarding the invalidation of a residential privatization agreement (based on the jurisprudence of the Moscow City Court) - Lawyer in Samara and Moscow

When and why is a claim needed?

Privatization must comply with the norms of the Civil, Housing Legislation and the Law on Privatization No. 1541-1 of July 4, 1991. If the established norms are violated, their restoration is permissible in court. However, a claim is not always initiated, but only in the case where the claimant has taken measures to resolve the issue pre-trial, but the guilty person refused to legally resolve the issue.

A claim is filed if it is necessary to restore the rights of participants in the following cases:

One of the family members, who has the right to register a share, did not give consent and did not draw up a refusal. Or – unknown missing.
Claimants for a share in the premises include third parties with whom the responsible tenant has entered into a dispute.
When the residential premises are not part of the municipal or federal housing stock.
The privatization department of the locality administration, for unreasonable reasons, delays the procedure or is otherwise negligent in its handling.

In all of the above and other similar situations, a claim is needed:

to restore the violated rights of the plaintiff;
to make a decision on recognition of property rights in court;
to establish standards for its implementation;
to determine the number of participants.

REFERENCE : The claim is filed in accordance with the provisions of Article 28 of the Code of Civil Procedure of the Russian Federation - to the district court at the location of the residential premises.

How to file a claim

The reason for filing a claim in court for recognition of the right to privatize a residential property is a written refusal issued by a municipal self-government body. It must be attached to other documents.

The claim itself is drawn up in accordance with strict regulatory requirements for its execution. If it is drawn up with errors, the court will refuse to carry out the privatization procedure before considering the essence of the case itself.

The claim must contain the following provisions:

full name of the judicial authority;
Full name, passport details, registration address of the plaintiff;
the full name of the institution or department from which the refusal to privatize residential real estate was received (in this paragraph you should indicate in detail the date and conditions that served as the basis for sending the application);
references to legislative acts in accordance with which the plaintiff’s rights were violated by refusing permission to privatize living space;
the essence of the plaintiff's claims. The subject of the claim is recognition of the right to privatize a municipal apartment.
list of attached documentation;
signature of the applicant and date of submission to the organization. The date on the document must coincide with the date it was received by the court clerk.

The application can be submitted in writing or printed on a computer.
Both options will be accepted in court. Taking into account all the requirements described above, a citizen can file a claim independently. If the case has specific nuances that need to be taken into account and presented in a competent form, it is better to play it safe and resort to legal assistance. The lawyer will prepare the necessary documents and correctly draw up the claim. Often this move increases the chances of a favorable outcome.

The claim must specify as precisely as possible the reasons for the refusal to privatize. They can be written off from the received document of refusal. A copy of it must also be attached to the claim.

Sample claim

Statement of claim to the court for the privatization of an apartment.doc

Features of compilation

In order for this document to be legally binding and solve the task at hand, it is advisable to contact a lawyer who has the appropriate competencies and experience in drawing up statements of claim. If the applicant is confident in his abilities, he can draw up the document himself, using a ready-made sample that can be obtained:

on the official website of the district court;
on a stand in the premises of the district court.

This document can be printed with a handwritten signature and a transcript of the surname. Or it can be written by hand, necessarily personally by the plaintiff, on an A4 sheet in blue or purple ink.

The statement of claim is drawn up after the administrative body has given an official refusal in the form of an extract from the protocol of the administrative commission. When drawing up the claim, information about the reasons for the refusal is included , as well as an indication of their illegality or other reasons for the legal capacity to carry out privatization, which were ignored by the municipality.

ATTENTION : You must submit an application to the court within 10 days after receiving the refusal of the administrative commission, issued in the form of a reasoned extract.

Step-by-step instruction

The drafting of a document plays a big role in the consideration of a case in court , and the wording of the text must be clear. Registration takes place in accordance with the requirements specified in Article 131 of the Code of Civil Procedure of the Russian Federation.

In what form: in writing or in print?

In what form: in writing or in print? The document can be drawn up either in handwritten or printed form. There is no official form, which is why there are no special requirements for the type of statement of claim. It is worth remembering that when writing in writing, the color of the pen should be dark blue or black. The printed method is more convenient and looks neater than the handwritten version.

Attention! In all localities they work with a certain form of document. This should be taken into account and taken as a basis when drawing up a statement of claim. Having made the blank in the form of a form, the plaintiff enters the necessary data in the blank lines.

What should it contain?

Document header.
The plaintiff's details are entered: Full name. with address.
Document text.
On behalf of the main tenant, the essence of the problem is written with evidence of violation of the plaintiff’s rights.
- The name of the institution that refused to privatize the home to the plaintiff is indicated.
List the rights violated, based on the laws of the Russian Federation.
Write in precise wording the reason for the refusal of the local government. It can be copied from a previously issued document.
Indicate the requirement to transfer into the ownership of citizens living space, which consists of a certain number of rooms and is located at a specific address.
At the end you should indicate list of applications:
Refusal from the authority in writing.
Real estate papers.
Lease agreement and warrant.
Information about registered persons.
Extract from the Unified State Register (if available).
Receipt for payment of state duty.
Certificates of non-participation in the privatization procedure
Duplicate personal account.
Other documents that are evidence of the applicant’s arguments.
Below indicate the number and signature of the plaintiff.

Who does it?

The statement of claim is drawn up directly by the applicant - the main tenant.

Who assures?

The paper can be notarized, but there is no particular point in this procedure.

Advice! It is better to do this with the responsible employee of the district administration.

Do I need to register?

The statement of claim is registered in a special book . This entry with the subsequent assignment of a number is carried out subject to the availability of a complete set of documents for the privatization of the home.

Contents of the document

The form of the application must comply with the standards established in Article 131 of the Code of Civil Procedure of the Russian Federation. Accordingly, the structure consists of:

from the "cap";
title of the document;
main part;
pleading part;
dates, signatures and list of attachments.

Let's look at it in more detail:

In the “header”, which is located in the upper right corner, you need to indicate:
information about the plaintiff and defendant.
After this, the name “Statement of Claim for the privatization of the apartment” is given.
Below is the main text. It is a statement of the circumstances of the case with reference to the documentation attached to the application. This should contain:
The circumstances under which the tenant purchased the apartment for use, with a mandatory indication that it belongs to the federal or municipal housing stock.
If the apartment does not belong to the designated fund, indicate the reasons why the claim for registration of housing ownership arises.
The circumstances of the case for which the authorized body refused privatization are listed, with reference to the reasoned refusal received.
The reasons why the claimant considers his rights to be violated - with a reasoned explanation and reference to sources of legislation.
The petition part indicates a request to the court to recognize the claim and for the court to make a decision on the privatization of the apartment.
The documentation attached to the statement of claim is given in a list after affixing the date and signature. The statement refers to it as “Appendices.” The attachments consist of copies confirming the validity of the claim, and are given according to the number of defendants. The originals are presented at the court hearing.

Reasons for going to court

As judicial practice shows, most often lawsuits are filed by residents of apartments who have been refused privatization by the authorities.
Disputes in these cases are regulated by the Housing and Civil Codes of the Russian Federation.

Citizens need to go to court

Challenging the status of an apartment, for example, removing it from the legal status of an official one.
Lack of information about real estate in the Unified State Register.
Disagreement of the residents registered in the apartment to carry out the process.
Unreasonable refusal by local authorities.

Sample statement of claim for privatization of an apartment in court.

You can find out who has the right to re-privatization, as well as how to privatize an apartment if the order is lost, on our website. Also familiarize yourself with the concepts of paid and free privatization, as well as deprivatization of residential premises.

What do you need to include?

Documents attached to the statement of claim must be submitted in accordance with the provisions of Article 132 of the Code of Civil Procedure of the Russian Federation. They consist of the following:

social rental agreement;
statement with refusal;
a certificate stating that the apartment is municipal;
a certificate stating that the privatization right has not been used previously;
passports and birth certificates of the employer's family members;
privatization applications (refusals) from family members of the employer;
technical certificate;
a certificate from the BTI about permission for redevelopment (if it was carried out);
a copy of the personal account from the housing department;
extract from the apartment register;
receipt of payment of state duty in the amount of 300 rubles.

Documentation received at the housing department must be valid for less than one calendar month. A reasoned refusal by the administrative commission is no more than 10 days.

What documents need to be collected to go to court?

The complete list of documents for privatization is as follows:

identification document;
document of title for the property that is subject to privatization - a warrant for an apartment, a social tenancy agreement, an act confirming the allocation of land plots and other documents establishing the legality of the plaintiff to use the property;
cadastral documents for real estate, which confirm the existence of records in relation to this property;
technical documents - an apartment passport or a land survey file for a land plot, confirming the boundaries of the survey;
receipt of payment of state duty.

In addition to these documents, depending on the situation, you can provide the court with any documents that confirm your residence in the apartment or use of the land. Typically, these documents include:

receipts for payment of services and taxes, confirming a responsible attitude towards the property;
invoices, contracts or receipts reflecting the costs incurred by the plaintiff to repair the property;
certificate in form No. 3 confirming the registration of the plaintiff at the location of the property;
acts of an independent examination that the plaintiff openly exercised possession of the object;
Witness testimony confirming the plaintiff’s residence in the apartment or use of the site can be provided to the court, both in writing and orally.

How does the case proceed in court?

After receiving the statement of claim and the attached package of documentation, the materials are studied no more than five days and accepted for production. Or - the claim is rejected. If proceedings have been initiated to consider the dispute, then the defendant is summoned to court and familiarized with the case materials. He has the right:

attend the court hearing in person, giving explanations on the merits of the issue;
transfer powers to your representative;
file a counterclaim.

The parties to the dispute engage in controversy. The court hearing is aimed at the most complete vision of the problem in the light of civil, housing legislation and other sources. Having studied the presented circumstances of the case, the court makes a decision. A positive decision depends on the following:

the legitimacy of the claim to the right of privatization;
correctness of the statement of claim;
selection of a sequential algorithm for filing a claim;
legal evidence base for the claim;
proper condition of the attached documentation.

After a positive decision by the court on the admissibility of privatization, interested parties receive an extract from the court decision . On its basis, the privatization department of the local executive committee is obliged to begin the procedure for the alienation of municipal property to the tenant.

Basic concept

There is a transfer of ownership rights to property assets free of charge from the municipality to persons who legally claim certain objects:

apartments;
rooms in a communal apartment or dormitory;
garage premises;
plots of land.

The following categories of citizens can apply for objects:

persons did not have time to exercise their right to privatize the apartment;
the main employer died, his heirs found themselves in a difficult situation;
title documents are lost;
unauthorized developments.

To begin with, it is worth trying to resolve the issue of recognition of property rights through privatization from a structural unit of local authorities.

Deadlines

According to the regulations, the dispute is considered within two months from the date of filing and registration of the application. Except for cases when it is necessary to postpone the meeting for reasons related to the requirement of additional explanations and evidence from interested parties. After the decision is made, an extract is prepared within three days, in which the court decision is presented.

REFERENCE: After 10 days, the decision taken comes into legal force and the defendant is obliged to accept the privatization application for processing.

Features and nuances

Persons who have not reached the age of majority cannot lose ownership of part of the living space. For this reason, they are included in the list of participants in the procedure. Instead, parents or legal representatives leave their signature. We talked about how to privatize an apartment for a minor child and whether the procedure can be carried out without his participation in this article.
If the child was deregistered at this address, and the period of time from this date until the start of privatization of the home is less than six months, the statement of claim cannot be accepted. Only after 6 months after the baby is discharged from the living space is it possible to carry out the procedure.
If a participant has serious illnesses or is absent due to departure, he must send his legal representative to the event, having previously issued a notarized power of attorney.

Important! If a person has ever taken part in the procedure for transferring ownership of a home to a different address, he does not have the right to again apply for free privatization of the residential premises.

We talked about other features and nuances of housing privatization in the following materials:

Who is the owner when privatizing an apartment?
What are the rights and obligations of the owner of privatized housing and the persons registered or living there?

Refusal to accept

Such a refusal can only be due to the fact that the fact of transferring the housing into the ownership of the applicant turns out to be illegal . For example, based on:

the plaintiff does not have the right to privatization;
he has already used this benefit;
the procedure will violate the rights of third parties;
the documentation package does not reflect the legal capacity of the claim;
housing does not meet privatization standards;
Unauthorized redevelopment has been carried out in the apartment.

The listed and similar provisions will cause non-recognition of claims. If the court refused unlawfully, then it is permissible to file an appeal and challenge the decision to refuse in the regional court. You can file an appeal within ten days after receiving the refusal statement.

A statement of claim is filed if the municipality has violated the property rights of the tenant who claims to re-register the property as his own. It is drawn up in the prescribed form with the obligatory attachment of a package of documentation on the merits of the dispute.

Based on a positive court decision, the procedure will resume in favor of the plaintiff. The refusal can be appealed within 10 days after the decision is made.

Preparation of a statement of claim

Citizens living in an apartment on the basis of a social tenancy agreement or a special order have the right to file a claim. In order for the process of official registration of the apartment to be successful, it is necessary to obtain permission from all family members living with the plaintiff, including minors over the age of fourteen. If you cannot achieve full agreement, you can write a statement of claim to the court with a request to evict temporary residents and other claims.

If two people apply for the right to become the owner of an apartment, the living space will be privatized into common rather than private ownership. The plaintiff can be a citizen who wants to become the owner of the apartment. The defendant may be a relative of the plaintiff, or government authorities who refuse to recognize the right to privatize the apartment.

A statement of claim to the court may contain evidence of the following circumstances:

consent of all apartment residents;
authorities do not give permission to privatize an apartment;
obtaining a refusal from persons not participating in the procedure;
the apartment belongs to the state;
move-in of the plaintiff.

The claim does not have a special form established by law. In practice, it is recommended to find it on the Internet or take a visual example from the court. It is easier to draw up a statement of claim using a ready-made sample as an example. It is important to submit your application before the statute of limitations expires so that there are no problems with further consideration of the application.

The application begins to be written in the upper right corner of the sheet. To begin with indicate:

full name and address of the court;
information about the parties to the process (full name and address).

The content of the claim states:

details of the rental agreement (date of conclusion, agreement number);
condition of housing (how many rooms, area, etc.);
all residents of the apartment;
reasons for dissatisfaction;
links to articles of law;
claims (invalidation of the refusal, request for recognition of the right to privatization).

At the end of the claim, documents confirming all of the above are listed. The application must bear the date of writing and the personal signature of the applicant. The number of copies of the application is equal to the number of participants in the process. You need to pay three hundred rubles as state duty.

Read also: What is the statute of limitations for MTPL disputes in 2021?

The claim is considered by the district court, jurisdiction is determined by the address of the living space. Only after receiving a positive response from the judge can a special agreement be signed. The general limitation period is three years. The plaintiff has the right to file a claim after the limitation period has passed.

If the defendant does not claim that the statute of limitations has expired, the court will accept the claim for consideration. The statute of limitations begins to count after obstacles arise for the plaintiff in registering the apartment as his own property. If difficulties arise in counting the limitation period, it is recommended to contact a lawyer.