Is it possible to register a child without parents with his grandfather?

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Published: 09/03/2019

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• 1 What is written in the law?
• 2 What documents are needed to register a newborn?
• 3 Registration procedure 3.1 Deadlines and costs

What does the law say?

According to Article 20 of the Civil Code of the Russian Federation, a minor child under fourteen years of age must be registered in the same living space as his parents (read about how to register a child at the place of registration of the mother or father, and from this article you will learn about where a minor must be registered and what to do when you don’t have your own home).

If the father and mother live at different addresses, then the young citizen can be made a tenant of any of the two apartments (houses).

Read about how to register a child after the parents’ divorce or if they live in a civil marriage here, and from this article you will learn how to register a child at the father’s place of residence.

If the parents do not have registration, the young citizen is registered with his closest relatives.

There are two options here:

• housing is completely owned by the grandmother;
• an elderly relative only has a share in the apartment.

In the first case, it will be easier to register a grandson. However, according to Article 31 of the Housing Code, an agreement on the free use of housing must be concluded with one of the child’s legal representatives. Simply put, one of his parents must move into the living space with the baby.

If a relative only has a share in a multi-room apartment, the consent of the remaining owners will be required, which must be certified by a notary or at the Russian Migration Office at the place of residence.

Does a grandson registered in a grandmother’s privatized apartment have the right to a share in the event of her death?

Hello, despite the fact that based on the principle of fairness it seems that the apartment should belong entirely to the grandson, i.e. to the person caring for the grandmother, according to the law, everything is different. Regardless of the existing relationship with the grandmother, the provision of assistance to her, the heirs are the persons provided for by the Civil Code of the Russian Federation in order of priority. In your case, there are children of the testator and the property will be divided equally between them. A grandson can receive something bypassing the grandmother's children only if there is a will on her behalf certified by a notary.

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The heirs of the first priority are the children, the spouse with whom the marriage was registered on the day of death, as well as the parents (if alive) - in equal shares. This is regulated by Art. 1142 of the Civil Code of the Russian Federation. First priority heirs are called upon by law to inherit in the absence of a will. The property that will be owned by right of ownership on the day of death will be inherited. Grandchildren can inherit only by right of representation if their parent, the son or daughter of a deceased grandmother or grandfather, died earlier, which is expressly stated in Art. 1146 of the Civil Code of the Russian Federation Article 1146. Inheritance by right of representation 1. The share of an heir by law who died before the opening of the inheritance or at the same time as the testator passes by right of representation to his corresponding descendants in the cases provided for in paragraph 2 of Article 1142, paragraph 2 of Article 1143 and paragraph 2 Article 1144 of this Code, and is divided equally between them. 2. The descendants of an heir by law who was deprived of the inheritance by the testator shall not inherit by right of representation (clause 1 of Article 1119). 3. The descendants of an heir who died before the opening of the inheritance or simultaneously with the testator and who would not have the right to inherit in accordance with paragraph 1 of Article 1117 of this Code shall not inherit by right of representation.

Reasons for registration

Most often people are prescribed to see their grandmother for several reasons:

1. At the place of residence of the father and mother, it is not possible to enroll the child in a queue for preschool institutions.
2. I would like to send my son or daughter to a certain school, but the parents are registered in another area.
3. The child stays with a relative for a while (for example, while the legal representatives are at work).
4. For the sake of receiving subsidies and benefits (utility benefits, “linkage” to a hospital, children's libraries, clubs, etc.).

In some cases, these issues can be resolved without registering with a relative. If parents rent housing in the area needed for the kindergarten or school, they can make a temporary registration for the child themselves.

IMPORTANT! You should not delay the process of registering a minor, otherwise the guardianship authorities will pay special attention to the family. If the child is not registered anywhere for a long time, a fine is imposed on the parents.

In what case can a child be registered with his grandmother? Package of documents

But there are situations when parents, for certain reasons, do not have the opportunity to register the child in their living space and the only way out is to register the child with the grandparents. When answering the question of whether it is possible to register a child with his grandmother, it is important to take into account certain legal subtleties.

• if the grandmother is the sole owner of the property, she has the right to register a minor child in the living space that belongs to her. To do this, a contract for free use of housing is concluded with any parent, indicating that the parent will also move in with the child;
• if there are other owners in the specified apartment, the written consent of all owners registered in the premises must be obtained. This case applies to privatized housing.

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Is it possible to register a grandson or granddaughter in an apartment without parents?

It is impossible to unequivocally answer the question whether a grandmother can register a grandson without parents.

This is influenced by several factors at once:

• age of the person being prescribed;
• who the grandmother is: just a relative or the baby’s guardian.

It is impossible to register children under 14 years of age without a mother, father or legal representative in “someone else’s” living space. A grandmother can accommodate her grandson without parents only if she is his guardian. In other cases, such registration is illegal.

After 14 years of age, a teenager can register himself to live with a relative. The presence and cohabitation of the father or mother is not required.

How to register a grandson

Due to various family situations, there may be a need to register a grandchild with the grandparents who are the owners of the property.
It’s one thing when the mother or father of the child is registered in the same place, then the minor child is automatically registered at the place of registration of the parents, but what to do when direct relatives are registered in another place, and the grandson lives with his grandparents. How to register a grandson and whether it is possible to do this are questions that concern a fairly large circle of people today. According to the housing legislation of the Russian Federation, the owner of a home can move (register) his children, grandchildren, and other relatives into the territory of his living space only with the consent of all people living (registered) in this residential premises, even those who are absent at the time of registration. If, in fact, the grandson lives with his grandparents, and the mother is not against registering him in the old people’s home, then you can register the child without any problems, and for this you need to collect the necessary documents and submit them to the territorial body of the Federal Migration Service.

Registration of a minor: step-by-step instructions

The first thing you need to do to register a child with your grandmother is to prepare a package of documents.

Let's try to list what you might need:

1. Grandson's birth certificate.
2. Application from the father or mother with a request to register the child in the living space of a relative.
3. Identity documents of both parents.
4. Consent of the second parent to register a minor with a relative (preferred).
5. Agreement on the free use of living space by one of the child’s parents. Or a statement on behalf of the grandmother agreeing to provide living quarters to the father or mother of the person being registered.

If the living space is privatized, then you need to have:

• document confirming ownership;
• a copy of the grandmother’s personal financial account;
• if there are several owners, then consent for the registration of the child and the residence of his legal representative in the apartment is required from each of them.

Slightly different rules apply to municipal apartments. Additionally, you will need to submit the following documents:

1. an extract from the house register;
2. documents confirming the family ties of the grandson and elderly relative;
3. If minors already live in the apartment, the official consent of their representatives is required to register another child in it.

A complete list of required documents can be obtained from representatives of government agencies. It may differ slightly and be supplemented depending on your specific case.

Is it possible to register a child with his grandmother - the nuances of the registration procedure

• Child's birth certificate (original and photocopy);
• Passports of the grandmother and one of the parents who plans to register with the child, as well as their photocopies ;
• Application from one of the parents with a request to register the child with her/him in the grandmother’s apartment (the document is notarized);
• Certificate of departure of the child from the previous place of registration;);
• Agreement “On the provision of residential premises for the period until adulthood.” This document is drawn up in the presence of two parties: the owner of the apartment or house and one of the parents , who will be registered with the child. It is possible to replace the contract with the simple consent of the receiving party. But it is preferable to provide the first option;
• Certificate confirming ownership and registration certificate for the apartment (if we are talking about privatized housing). How to obtain a technical passport for an apartment is described in detail in the following article.

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Sometimes circumstances are such that the child has to be registered with his grandmother . True, if the child is a minor , registration can only be done together with the father or mother by mutual consent. Registration of a child separately from his parents is impossible. However, upon reaching the age of 14, the child will be able to register in his grandmother’s living space himself , even without parents. The nuances of registering a grandson with his grandmother will be discussed in this article .

Where to submit documents?

The documents have been collected, where to submit them? There are several options:

• To the department of the Federal Migration Service (UVM).
• In the housing office that services the house where the minor will be registered.
• To the territorial branch of the Multifunctional Center (MFC).

It is best to submit documents directly to the MFC. The center competently organizes the reception of citizens, as well as the largest database of people living in the territory controlled by the MFC.

Citizens of the Russian Federation are not charged fees or state fees for registration at their place of residence. Stateless persons and residents of other countries pay a state fee of 350 rubles for registration in an apartment. You can clarify information about a minor at the government organization where the documents were submitted.

Registration with grandma: desired and actual

You can also register a grandchild in your apartment or house if temporary or permanent guardianship has been granted to the grandmother. You can become a permanent guardian if the parents have been deprived of parental rights or have died. When parents need a long-term business trip or other circumstances in which they cannot be with a minor, the grandmother can become a temporary guardian.

To register a child, the grandmother, father or mother must be present in person and, if the minor has reached the age of 14, he must be present himself. After all the documents have been collected and submitted to the Federal Migration Service, at the time appointed by the responsible officer, you can pick up the submitted originals with all the necessary stamps on them. But things may not always be as simple as they seem.

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Restrictions

• identity cards of all participants in the procedure (from the child - birth certificate, or the main document of the citizen);
• application for registration (form 6);
• a document confirming the consent of the owner and all co-owners of her apartment (and if the housing is municipal, then everyone who is registered there);
• departure slip;
• an agreement between the grandmother and parent on the free use of living space;
• documents for the apartment.

If housing is municipal

This point should never be overlooked if the grandmother is a tenant on social rent - do not forget: the owner can discharge residents from a private apartment relatively without loss, and in this case there will be no reversal.

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21. Can an adult grandson register back with his grandmother if the grandmother is currently incapacitated and 5 years ago the grandson himself checked out of this apartment. The grandmother's incapacity has not been documented; besides her, her mother is registered in the apartment. Thank you.

How can the registration of a grandson threaten the mother-in-law?

But the son himself can’t handle it? It’s just hard for me to imagine “fighting” for property that my mother-in-law earned through back-breaking labor. What right do I have to do this? She can decide everything herself and her husband and her children. Well, I guess I just have a different approach. Good luck to you! Imagine for a moment that your son’s wife will claim something and try to share.

Well, if you count. mother and father own 2/3 of the apartment. In the event of the death of one of them, each of the heirs receives. uh. 1/12 share (four heirs). In the event of the death of the second, 1/3 + 1/12, received by inheritance, is already divided into three parts. In short, if there is no will, the sister will be the happy owner of 1/3 + 1/12. plus some other small fraction. And the rest will be divided by the brothers.