Inheriting a land plot: how to register ownership

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The dacha is mainly used for recreation, in rare cases - for permanent residence. For many, a house outside the city has become the main place to spend time during the warm season. It is the location that is the main delimiter between the concept of a residential building in a populated area and a dacha, since the latter are built in gardening areas and recreational areas.

The owner of a house and a plot of land, during his lifetime, can determine who will get his property, otherwise it will be divided according to the law. In any case, registering a dacha as an inheritance has a number of nuances that must be taken into account.

Methods of inheriting a dacha

The time when the property of the deceased was transferred to the first “raiser” went back to history back in the days of Roman law. Now the main law of the country, the Constitution, states that every owner has the right to dispose of property at his own request without additional approval. But relatives also have rights. Therefore, there are two ways to inherit a dacha: by law, in the order of succession, or by will. You can become an owner with actual ownership rights.

In law

The term implies a procedure for transferring the inheritance to relatives if the testator did not leave posthumous orders. This inheritance order allows the relatives of the deceased to draw up documents for a dacha in their own name. All applicants are divided into groups, lined up according to degree of relationship. The key principle of distribution is the number of births between the testator and heir. Blood and legalized family ties are taken into account. There was also room in the waiting list for dependents and adopted children and parents without adoption.

There are eight queues in total. The first includes the children, parents and spouse of the deceased. Then come brothers and sisters, grandfathers, grandmothers, aunts and uncles. The fifth and sixth lines were given to cousins. The seventh is reserved for stepsons, stepdaughters, stepmother and father, if there is no fact of adoption. Otherwise, adopted children and parents have equal rights with representatives of the first line. The eighth line of inheritance is dependents whom the deceased cared for during his lifetime, spent money, supported, and provided housing.

The dacha will be transferred to the state represented by the local municipality if a refusal is issued, there are no heirs in principle or they did not submit an application to become the owner on time.

By will

The will of the owner of the inherited property has priority in the process of distribution among applicants. If the testator has drawn up a will and included a dacha in it, the property will go to the person named as the beneficiary. The order according to the law does not matter here. The legal successor may be:

1. A relative of the deceased from any line of succession.
2. Any citizen, regardless of the presence and degree of relationship.
3. A legal entity conducting commercial activities.
4. Non-profit organizations, foundations.
5. Public associations, research institutes, hospitals, educational institutions.
6. Orphanages, government agencies, services, structures.

If a will for a dacha was drawn up in violation of the current legislation, the document is recognized by the court as unconcluded and void. Challenging is possible if the text contains a number of unlawful instructions. Then the invalidity may be complete or partial.

Unworthy heirs who have broken the law in order to receive an inheritance are deprived of this right if the fact of blackmail, intimidation, falsification of documents, distortion of facts, falsification of data, etc. is established. Any illegal action directed against the testator or competitors leads to deprivation of the right to register a dacha in one’s name.

By will or without a will?

Such documents are: cadastral extract; extract from the Unified State Register; certificate from the Federal Tax Service about the absence of debt; court decisions relating to disputes regarding this land (if any). Registration of an inheritance for a land plot, a will or documents confirming the relationship between the heir and the testator;

To issue a certificate of inheritance rights to a land plot, the notary is presented with the following documents: title documents for the land (sale and purchase agreements, exchanges, donations, extracts from household books, as well as other documents that were the basis for the testator’s right to the land plot or his share);

During the specified time, the heirs collect a package of documents on the basis of which the right to inherit the remaining property is formalized. The right to inherit property is assigned to:

1. In law.
2. According to the will.

A will is a document drawn up by a person during his lifetime. It indicates the specific person to whom he leaves his property.

At the same time, he can appoint as his heir any person who is related to him or a third party who is not related to him. No one has the right to challenge the will of a deceased person; his decision is unconditional. The inheritance may consist, in accordance with the instructions of civil law, of any movable and immovable property, household items, securities, cash, jewelry, awards.

They can enter into inheritance rights in accordance with Article 1117 of the Civil Code, for which six months are allotted. The time is counted from the day when they acquired the specified rights. The provision applies to persons who have been excluded from receiving an inheritance on the grounds of the above article. They can claim their rights to inheritance within three months.

What is it? The common property of a deceased person in addition to his personal property, which passes to his legal successors, is called inheritance. According to generally accepted rules, an adult citizen can accept an inheritance. As for minor citizens, they have the right to inherit when they reach the age of majority.

The inheritance is presented to relatives on the day of the person’s death. Documentation is completed after six months, which are counted from the date of death of the testator. In this case, only heirs by right can be added to the list of property recipients specified in the will, that is, representatives of groups who are entitled to their share automatically, by law :

• minor children;
• parents;
• dependents.

By will or without a will? The simplest option is to receive an inheritance under a will. In this case, only those indicated in the will, as well as legal heirs, can claim property. In this case, the share of heirs by right can be determined only in court and only after filing an application to enter into inheritance by right.

Important

The growing popularity of country life has made registering an inheritance for a house, including in the countryside, a popular and widespread option for an inheritance transaction. Despite the standard nature of this procedure, obtaining documents for a separate residential building in most cases with a plot of land is often carried out taking into account certain features.

Let's consider the most common questions, for example, how to enter into an inheritance if there are no documents for the house? What documents are needed to inherit a house? ... Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call.

Federal laws dated November 23, 2007 N 268-FZ, dated May 13, 2008 N 66-FZ) the cadastral passport of such a land plot does not contain information about such a land plot in full, including information about the location of the boundaries of such a land plot, or this information need clarification (including if this passport indicates that the area of ​​such a land plot is approximate, information about such a land plot does not allow one to unambiguously identify such a land plot as an individually defined thing, information about such a land plot is subject to clarification, etc.) .(as amended by Federal Law dated May 13, 2008 N 66-FZ) (clause 4 as amended)

Federal Law of October 18, 2007 N 230-FZ)5.

I repeat, there are no significant taxes here. All legal services in Moscow Drawing up a claim to declare an heir unworthy Moscow from 4,000 rubles. Drawing up a claim to challenge an inheritance Moscow from 4,000 rubles. Hello Anna! In accordance with clause 3 of Article 1158 of the Civil Code of the Russian Federation, refusal of part of the inheritance due to the heir is not allowed.

The simplest option is to receive an inheritance under a will. In this case, only those indicated in the will, as well as legal heirs, can claim property.

We suggest you read: Is it possible to take out a loan for maternity capital?

In this case, the share of heirs by right can be determined only in court and only after filing an application to enter into inheritance by right.

The absence of a will automatically “activates” the queue of heirs, at the stages of which, as the relationship with the deceased becomes distant, his relatives of different categories “line up”.

Heirs in such a situation must notarize their rights to receive the inheritance with the provision of documents showing the degree of relationship.

What is needed to register an inheritance for a house? To apply for inheritance, you will need to provide a list of documents:

• a will, if any;
• documents recording the level of relationship;
• documents confirming ownership of the house;
• cadastral passport.

In the event that it is not possible to enter into an inheritance under a will, since it was drawn up in violation of legal norms, entry into rights is carried out on the basis of the standard principle of inheritance in order of priority.

If the heir is not the heir of the first priority or any other priority, he will not be able to become the owner of the country house and plot.

In cases where issues of inheriting a house that has belonged to the family of heirs for more than one generation are being considered, a situation often arises in the absence of official legal documents.

In a situation where the documents for the house were not completed in a timely manner by the testator, his potential heirs will need to provide confirmation of the fact that they belong to the building being considered in the inheritance case.

Article 6 of Federal Law No. 122-FZ “On state registration of rights to real estate and transactions with it”, rights to real estate can be confirmed by documents issued to the owners before the entry into force of this law in 1997.

If the house is not registered as a property, how to enter into an inheritance? In this case, any document showing ownership may be considered.

For example, a document confirming the allocation of a land plot on the territory of a dacha cooperative to the parents of the heir at the enterprise where the one to whom this plot was once allocated once worked.

Garden books and other materials confirming the fact of bona fide ownership may also be presented. Any payment documents confirming the fact of payment of housing and communal services by the heir or his relatives are also considered.

In the absence of confirmation of the ownership of the house according to documents issued for an unregistered residential property before 1997, such a right will have to be defended in court.

It is important to take into account that, according to current legislation, it is necessary to separately take into account the cost of the house and the land plot attached to it.

This preference is convenient for most home owners with the prospect of setting the cost of the house to 1 million rubles, because no tax is levied on such an amount. You will have to pay tax only on the sale of land.

How much does it cost to inherit a house? In a situation where the cost of a residential building exceeds 1 million rubles, the final entry price consists of:

• degree of relationship with the deceased, first-priority heirs will need to pay 0.3% of the cadastral value of the property, but not more than 100,000 rubles;
• for heirs of the second and further stages, this figure increases to 0.6% of the cadastral value of the property, but cannot exceed 1,000,000 rubles.

The absence of a certain cadastral value of the property becomes the basis for inviting a specialist from the cadastral service, who evaluates the house for inheritance and the adjacent land plot.

The assessment of the value of a residential building can be carried out in the BTI; the assessment of the value of the adjacent land plot is carried out separately and is carried out by persons or bodies entitled to evaluate land plots.

The cost of such an object is ultimately made up of two amounts.

After receiving registration documents for a residential property received by inheritance, its new owner has the right to do whatever he wants with it, including putting it up for sale. But the question arises: is it necessary to pay tax on the sale of a house received by inheritance? The answer is yes, if it has been owned for less than 3 years.

After receiving the inheritance, the property can be put up for sale at the moment when the registration of ownership is completed.

True, in reality, such a process turns out to be simple only in the case when, after completing all the documentation, only one new owner appears for the house and land.

What does an heir need to know when inheriting a garden plot?

There are many nuances, the main ones:

1. An inheritance can only be registered if the dacha actually belongs to the testator. The right of ownership or lifelong ownership is registered. Unregistered land plots belong to the state.
2. Everything that is built on the site and registered can be registered as an inheritance. In addition to the dacha itself, all resources located on the territory of the allotment, as well as crops, plantings, and crops, are transferred. There is no need to evaluate them during registration if the purpose of cultivating the land is personal use and not sale for income.
3. If the area of ​​the dacha does not allow several owners to obtain rights, priority is given to the heir who, together with the deceased, ran a joint household during his lifetime. The remaining applicants receive from him monetary compensation equal to the value of their share or other property included in the inheritance.

If the testator received land for lifelong use with the right of inheritance, the beneficiaries will need to register it as ownership.

When the owner began the procedure for re-registration of land as a property, but did not have time to complete the procedure, the legal successors have the right to do this for him if there are sufficient grounds for inheritance (a certificate issued by a notary based on the results of the inheritance case).

Land inheritance - what is it?

This issue is regulated by civil and land law. The transfer of land is carried out according to a will. In its absence, the person receives property according to the law.

In accordance with Article 1181 of the Civil Code of the Russian Federation, the inheritance includes land plots that belonged to the deceased:

• on the right of lifelong ownership;
• with the right of perpetual use.

Inheritance in both cases is carried out on a general basis. The land plot will be transferred to the new owner along with the existing objects on it. This list includes plants, water bodies and soil. To obtain a land plot, the heir will not need additional permission.

ATTENTION !!! Forest resources and protected water bodies are not subject to inheritance. They are state property.

Relatives (both Russian and foreign citizens), individuals and legal entities can claim the inheritance. The main thing is that the list of persons is reflected and registered in the will. If there are several heirs, the property is divided in equal shares for each person.

Circle of heirs

The dacha plot passes to the beneficiary specified in the will. The testator has the right to indicate a sub-designated heir who takes over in the event that the direct successor dies, refuses, or is found unworthy. If the deceased did not draw up a will during his lifetime, or it is declared invalid by the court, the right to inheritance passes to his relatives according to the order described earlier. The obligatory share is allocated under any circumstances if the applicant is a minor, disabled, and is dependent until the last day of the summer resident’s life.

The property of the deceased is distributed in a special way if the heir dies. When death overtakes them at the same time or before the testator, when dividing according to the law, the right to register the dacha is transferred to relatives of the same line, and in their absence, to the next line. If there is a will, the dacha becomes the property of the remaining designated heirs in shares determined by the owner. When the successor dies after the disclosure of the inheritance case, the due share is transferred to his heirs.

If there is a will for all the property of a deceased heir, the designated beneficiary becomes the legal successor. Otherwise, the relatives of the deceased successor of the deceased owner are called upon to inherit.

Distribution of shares

Again, the method of inheritance matters:

1. If there is an expression of will, each legal successor receives the share determined by the testator.
2. According to the law, heirs of the same line have the right to register equal parts of the property of the deceased.

You can refuse the dacha. If you do not specify a beneficiary, the property will be transferred to the applicants at the will of the owner. And if the testamentary act is not executed, the plot will become the property of competitors from the same inheritance group by law. A targeted refusal form can be drawn up according to the same principle. The successor can be the person appointed by the testator, or any of the relatives, if the will has not been expressed. Involvement in one or another queue in the latter case does not matter.

Registration procedure

To register a dacha plot by inheritance, you will need to write an application to a notary for its acceptance. In situations where the testator did not include some items or real estate in the will, the successors must independently carry out this procedure.

Read also: ​​Inheritance to parents after the death of a son

After checking the documentation, the notary employee initiates the case and provides participants with recommendations on further actions. Following the procedure, legal successors receive a certificate.

Documentation

To inherit a dacha, you need the following documents:

• certificate of death of a relative;
• a certificate or extract from the house register about the last address of residence;
• personal passport of the legal successor;
• papers indicating family ties - if inheritance is carried out within the framework of the law, or a will.

Deadlines

The period for accepting the property estate left by a deceased citizen is 6 months from the date of initiation of the case by a notary (Article 1154 of the Civil Code of Russia).
In addition, the date may be the day of death or the entry into force of a court decision. Note: reinstatement of deadlines is allowed if the absence was due to extenuating circumstances and there is documentary evidence. The procedure is carried out by filing a claim in court.

Article 1154 of the Civil Code of the Russian Federation “Term of acceptance of inheritance”

Real estate valuation

Carrying out assessment activities in relation to the site requires the involvement of an independent accredited organization. After the relevant activities have been carried out, a report is issued, which is subsequently transferred to the notary. The cost of country property depends on various factors, the main one of which is location.

It is almost impossible to independently assess the value of property. In addition, the information received cannot be attached to the case.

The procedure for distributing shares between heirs

When distributing shares among legal successors, the dacha plot is first provided to the heir of the first category.
If this group includes several persons, then a redistribution of property will occur, i.e., shared ownership will take place. It is noteworthy that adopted children of the deceased and persons dependent on him for at least 12 months can also apply and challenge the procedure. This is due to the fact that the current laws indicate the need to allocate a share in the property mass in relation to disabled citizens, as well as dependents.

The share is allocated even if there is a will executed in favor of relatives of one of the categories or third parties, i.e., in any case, a number of citizens must receive part of the inheritance. As a rule, it is 50% and if the residual property is not enough to cover it, then the missing property is allocated from the shares of the main successors.

Procedure for state registration of property rights

In the question of how to inherit a dacha for a person, the main factor is obtaining a certificate of ownership of the plot. Such a certificate is issued by a notary and subsequently it must be registered with the cartographic authorities, cadastral institution and Rosreestr.

At the time of application, the applicant will need to submit the following documents:

• successor's passport;
• certificate of ownership of a dacha;
• inheritance certificate;
• an application drawn up according to the sample;
• a receipt confirming payment of the state fee for the registration of rights.

Amount of state duty and tax obligations

In accordance with the Decree of the Government of Russia dated January 1, 2006, the tax burden on the inheritance procedure was abolished. There is no tax in 2021 , but the successor will need to prepare for financial costs.
Read also: Taxes when selling an apartment received by inheritance

This is due to the fact that the procedure is additionally burdened with a state duty for notary services. The tariff is set at the state level, and you will not be able to get a discount or benefit on it. The price of a notary's work depends on the value of the dacha indicated in the appraisal report. At the same time, an independent examination also costs money and is paid for by the relatives of the deceased.

Further, the amount of state duty is calculated depending on the family ties of the successor to the testator. For example:

1. The first stage, whose representatives are a child, husband or wife, as well as father and/or mother, are required to pay 0.3% of the cost of the dacha plot. The collection limit is 100,000 rubles;
2. If the receiver belongs to the third and subsequent categories, then the amount of encumbrance will be 0.6%. The limit on the obligation is RUB 1,000,000.

In a situation where there are several legal successors, payment of the state fee is distributed among the participants in accordance with the share received from the property mass.

How does inheritance of a land plot occur in SNT?

Gardeners' Association is an organization of summer residents who have received plots of land for joint use: cultivating agricultural crops, spending leisure time, laying out gardens, etc. If we approach the problem formally, then from a legal point of view the land remains in the state fund. It can be used, but only for agricultural purposes for personal needs. Conducting commercial activities is prohibited. There are two ways to register a dacha registered with a horticultural non-profit partnership.

Actual

It is assumed that the dacha was looked after by the applicant together with the deceased. To register it in your name, before opening the inheritance case, you must:

1. Make mandatory regular payments for the use of land.
2. Pay off debts, if any.
3. To care for the site, improve, protect, cultivate.

To register, contact the district civil court at the location of the dacha. The application must be accompanied by evidence of facts giving the right to accept the property. If the decision is positive, the property goes to the plaintiff.

According to the Civil Code of the Russian Federation, along with the dacha, the heir also registers other property, as well as the debts of the deceased. Therefore, before accepting an inheritance, make sure that the deceased is not in debt on loans and other types of payments. Creditors have the right to demand heirs to repay debt obligations.

Formal

In this case, it is necessary to fill out an application and submit it to a notary office in the area where the dacha is located. Based on the received requirements, the notary initiates the inheritance case. The remaining applicants also write applications and bring them there. Everything is given six months from the date of death of the testator - this is the date indicated in the death certificate, or in the judicial act declaring him dead. If the successor is a minor, his interests are represented by his parents or guardians.

Where to go to inherit an inheritance?

How to register an inheritance for a house correctly? To enter into an inheritance, a potential heir will need to submit a package of supporting documents to a notary at the location of the inherited property.

An important condition is the provision of documents before the expiration of 6 months after the death of the testator.

You will need to look for a notary office at the place of official registration of the testator at the time of death.

The basis for opening an inheritance is a death certificate, and the date is always the date of death.

The process of registering an inheritance for a dacha

The step-by-step instructions are as follows:

1. Contact a lawyer for a free consultation.
2. Prepare the necessary documentation, certificates, statements.
3. You write an application and submit it to a notary, paying the fee.
4. You wait for the inheritance case to be completed and receive a certificate.
5. Re-register the inheritance in your name.

Each stage has its own characteristics; it is worth contacting a lawyer to do everything correctly.

Drawing up an application

An official application to a notary is a written document, drawn up by hand or printed on a printer. The signature must be original. Legal force is lost in the absence of the following attributes:

1. Date, mention of the city of the event.
2. Full name of the notary office.
3. Personal and contact details of the applicant.
4. Explanation of signature (last name, initials).

There is no unified form. General requirements apply, according to which a “header” is placed in the upper right corner of the sheet. To format it correctly, use examples and samples. The details of the notary office and the heir are indicated. Below, under the document title, there is text that requires:

1. Identify the testator.
2. Indicate the location of the cottage.
3. Enter the area of ​​the plot and the cost.
4. Justify the legitimacy of the requirements.
5. Determine the grounds for accepting an inheritance.
6. Provide a list of applications.

The application is submitted to the notary at the location of the property. This can be done personally or through a proxy. To do this, you need to issue a notarized power of attorney to the lawyer. Another way is to send a registered letter with a list of attachments. In this case, the date of dispatch is taken as the day of application, not delivery, which is important if the application is submitted in the last days of the allotted six months.

Documentation

To draw up an application for acceptance of a dacha by inheritance, you must fill out, receive it in your hands and bring it to the notary:

1. Identity card of the legal successor. This is a civil passport, and for minors - a birth certificate. Guardians provide a passport and documents confirming guardianship.
2. Papers determining the degree of relationship when accepting a dacha according to the law: certificates, extracts, certificates. For distant relatives, it is important to collect evidence of all intermediate births and marriages.
3. Death certificate of the testator. When medical workers are unable to confirm death due to the absence of a body, they file a claim to declare the testator dead. A corresponding judicial act is issued.
4. Real estate appraisal report. This is the cadastral value of the plot, depending on the location and area of ​​the plot. You can obtain an appraisal report for a dacha from the BTI or a specialized company that has the right to this type of activity.
5. Technical documentation characterizing the object of inheritance. It is also important to confirm that the owner has registered the property in his own name or has begun the privatization procedure.
6. For actual acceptance, they bring checks, receipts, bank statements indicating the costs incurred for improvement, construction of a summer house, sowing and cultivating crops. Any evidence of joint farming will do.

There are a number of requirements for documentation. Papers must be completed before the inheritance is disclosed. In case of loss, duplicates are issued.

State duty

To submit an application you will have to pay according to the current tariff of 300 rubles. When the time comes to issue the heir’s certificate, another amount is paid, the amount of which is calculated depending on the value of the dacha at the time of the owner’s death. For close relatives it is 0.3%. Other categories of heirs spend 0.6%. Do not confuse the state fee (payment for the work of a notary) with the tax that is levied when registering the sale and purchase of a dacha. For Russians, 13% personal income tax applies. Non-residents are charged 30%.

After paying the state fee, you must keep the receipt, check, or bank statement. The payment document is attached to the application.

Term

It is necessary to complete and submit an application for ownership of the dacha within six months from the date of disclosure of the inheritance. This is not the day of initiation of probate proceedings, but the date indicated on the death certificate. If a judicial act is used to formalize an inheritance, the starting point is the day specified in the decree or the date of issuance of the decision to recognize the deceased. The period can be extended by 3 or 6 months and halved if the heir proves that he is the only possible successor.

Missed deadlines are restored through the court. When filing a claim, make sure that the reason is valid, significant and relevant. The judge will accommodate you halfway and restore the deadlines by assigning a new inheritance case if the reason for the omission is:

1. Past long-term illness.
2. Long business trip.
3. Living in a remote region.
4. Long trip abroad, permanent residence.

An attempt to falsify documents, distort facts, or mislead the court is grounds for recognizing the plaintiff as an unworthy heir. This means an absolute deprivation of the right to register ownership of the dacha under any conditions.

Inheritance of a non-privatized dacha

Above, we examined in detail the procedure for registering a dacha, which was privately owned at the time of the death of the testator. But in practice, it often happens that a dacha turns out to be non-privatized if the testator used the dacha plot and the house, but did not have time to formalize the ownership.

As a general rule, inheritance of a non-privatized dacha is impossible - property that does not belong to the testator is not included in the estate.

If the dacha used by the testator is located on the land of a gardening or dacha partnership, the heir must contact the board of the partnership and submit an application for membership.

• If the board makes a positive decision and the heir is accepted into the partnership, he will be able to privatize the dacha under the dacha amnesty procedure
• If the board refuses the heir, the issue of ownership of the non-privatized dacha will have to be resolved in court.

By way of dacha amnesty (in a simplified manner)

Since 2006, the law on “dacha amnesty” (Federal Law No. 93) has been in force (currently the law has been extended until March 1, 2021), according to which the procedure for the privatization of dachas (dacha houses and land plots) has been simplified.

If the dacha plot meets the following conditions...

• was received by the testator for use before October 30, 2001 (before the Land Code of the Russian Federation came into force);
• was allocated to the testator for running a summer cottage - vegetable gardening, horticulture and similar activities,

...then privatization of a summer cottage is possible without carrying out land surveying work and preparing cadastral documentation. The board of the gardening partnership must confirm that the dacha used by the testator is located within its boundaries.

Judicially

In this case, the heir should contact the local branch of Rosreestr and obtain an extract from the Unified State Register containing information about the testator’s ownership of the dacha. Then you should contact...

• in the BTI - order a technical passport for a country house and evaluate it based on the data of the performed technical inventory.
• to the Land Resources Committee or Rosreestr - order work on surveying a dacha plot, geodetic work to determine its actual area and boundaries, and paperwork;
• to the tax authority - order a certificate of absence of debt on mandatory contributions and taxes.

These documents, as well as evidence that the testator owned and used the dacha, must be attached to the claim for recognition of ownership rights and filed with the court at the location of the dacha.

If you encounter difficulties with accepting a dacha by inheritance, you can seek advice and help from the lawyers of our portal, who specialize in land and inheritance law and will help resolve any legal problem.
Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Irina Garmash

Family law consultant.

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A simplified way to design a dacha

The basis for this is the “Dacha Amnesty”, effective in 2020. According to current legislative acts, land plots and buildings on the site can be registered under an accelerated scheme if:

1. Ownership arose before 2001.
2. The land is intended for gardens and vegetable gardens.
3. Cadastral passport available.

Then just contact Rosreestr. Fill out an application, prepare documentation, wait for re-registration (up to 30 days), receive an extract from the register.

The procedure for preparing documents for the object of inheritance

Every owner of property has the right to bequeath it to any person. This right can be exercised by drawing up a testamentary document. To do this, the testator must contact the notary's office with a package of documents. The list of papers includes the following:

• citizen's passport;
• plan (cadastral) for the land plot;
• extract from the cadastral passport;
• certificate of ownership;
• calculation of the cost of a plot of land according to cadastral documents, as well as the price of buildings located on it.

All documents for a land plot can be made through the BTI or Rosreestr. If many years have passed, the documents will most likely have to be restored.

Having examined the documents for authenticity, the notary in front of the testator draws up a will, which fully reflects the will of the testator regarding the list of his heirs and the shares due to them.

The legislation does not limit the number of wills drawn up by the testator. In this case, the rule applies that after the death of the father, mother or other testator, the will drawn up most recently will be valid.

Judicial order

The court is approached if there is a conflict of interest or it is necessary to revoke the will. Another reason is to challenge the actions or inaction of a notary, for example, if the application is not accepted. In any case, to successfully resolve the problem, it is necessary to file a claim, collect evidence, and pay a fee. You can participate in the process personally, but it is better to hire a lawyer who, on the basis of a power of attorney, will defend the interests of the principal.

Each argument presented in the statement of claim is supported by documents. Only documents that are current and have legal force are accepted. In some situations, witness testimony, audio and video recordings are used. This is necessary when the essence of the matter is the recognition of paternity, the unworthiness of the heir, or the illegality of the actions of an employee of a notary office. The outcome of the proceedings is the issuance of a court order, which comes into force after announcement.

Stages of land inheritance

Main stages of inheritance proceedings:

1. The process of transfer of property begins at the death of the title holder. If a citizen has drawn up a will during his lifetime, the notary must disclose the contents of the document to relatives.
2. The heirs of the property must write and submit an application for acceptance of the property within six months. The document is submitted to the notary's office.
3. After 6 months, legal successors can receive a certificate confirming their rights to the land plot and part of the property assets.
4. The right to inherit the property of the deceased is registered in Rosreestr, after which they receive an extract from the Unified State Register of Real Estate.

ATTENTION !!! Only heirs can go through the property registration procedure. If the application is submitted after 6 months, the person will automatically lose his rights to the land plot. The registration deadline can be restored only for a valid reason.

Actions after receiving the certificate

Obtaining a certificate of inheritance is not the last stage of accepting a dacha as an inheritance. The final step is to register ownership of the resulting dacha. To do this, appropriate changes are made to the state register of immovable objects. Write a statement and contact your local Rosreestr office. Take with you the heir’s passport, title documents, and a receipt for payment of the state duty. After checking the information provided, an extract is issued.

Is it necessary to register ownership of a dacha?

This requirement should not be ignored, even if the lack of registration will not interfere with the use of the dacha. If you do not register the property, you will not be able to sell it, donate it, bequeath it, or rent it out. A property right arises if title documents are drawn up. All buildings must be registered. The good news is that you can even register a dacha that the testator did not privatize during his lifetime. The legislation provides a mechanism to do this.

Based on a certificate from Rosreestr, it is allowed to enter data on the costs incurred in accepting the dacha in the income declaration in form 3-NDFL. This allows you to apply for a tax deduction and return the money (partially or fully).

Types of inheriting a house

How to register a house as a property by inheritance? The law states two possible options for accepting inheritance:

• Legal. The receiver provides the notary with a package of necessary documents and receives a certificate of inheritance, with which he can, for example, re-register ownership of a house.
• Factual. The successors have the right not to formalize the inheritance, but immediately after the death of the testator, begin to manage his property (for example, live in the house, bear the costs of its maintenance).

The main thing is not to miss the deadlines allotted for accepting the inheritance. For inheritance by law or in fact, the receivers have six months to express actions in relation to the house left behind.

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Of the two types of accepting an inheritance, the preferable option is to register it legally. Why?

• Any piece of real estate must be registered as the property of a certain person. If the recipient does not have a certificate of inheritance in hand, it will be impossible to obtain documents on ownership from government agencies.
• If you plan to sell the house in the future, it will be impossible to do this without the availability of completed documents (certificate, ownership document). The heir will subsequently have to prove in court the fact of acceptance of the property.

After receiving the certificate of inheritance of the house, the receiver must contact the state registration authorities to register ownership of the property. This can only be done on the basis of a certificate of inheritance.

Karpova Ekaterina Vasilievna

In 2006 she graduated from Amur State University with a degree in jurisprudence. 2006-2013 — Arbitration Court of the Amur Region. 2013 to present - lawyer at the Amur Regional Oncology Center.

If the house was inherited, then, according to Part 4 of Article 35 of the Land Code of the Russian Federation, along with it, the land plot on which the residential building is located passes into the heir’s ownership right. The exception is when the building is located on land that does not belong to the testator. Then the land necessary for the use of the object is transferred into the possession of the new owner in the amount established under the previous owner. Also, the owner of the house has the advantage of purchasing or renting the entire plot of land. If the land is limited in circulation on the basis of Part 5 of Article 27 of the Land Code of the Russian Federation, then permission from the authorized bodies will be required to transfer it into the possession of the heir.

What to do if the summer cottage plot has not been privatized?

If special attention is paid to an apartment or house, the dacha is often not decorated as it should be. The plot is used, but without the right to sell. Knowing the procedure for registering it and how you can complete the privatization procedure that has begun, you can easily re-register the inheritance and become the full owner of a plot of land, a country house with a garden and a vegetable garden. And this cannot be delayed. Apply immediately after receiving a certificate of inheritance.

If you didn’t manage to privatize

For those wishing to register a non-privatized dacha, the step-by-step algorithm of actions is as follows:

1. Contact the Unified State Register of Real Estate Rights and issue an extract on the change of owner.
2. Request technical documentation for the dacha with adjacent land from the BTI.
3. Order a cost estimate, receive a certificate indicating the real price at the moment.
4. Fill out a statement of claim, pay the fee, contact the district civil court with a request to recognize ownership.
5. Wait until the end of the trial and receive a ruling. Now this is the basis for registering possession of the dacha.

When the plot is the property of a gardening association, contact the board with a request to be enrolled as a member of the organization.

When there is a house on the site

Each building must be registered in accordance with applicable laws. Dachas are not always registered, and in vain. When making any transaction, documentation is required, and if the building is not registered, a fine will be imposed. To avoid this, get a new site plan for the dacha. To arrange it, call technicians from BTI. Buildings intended for human habitation (dachas fall into this category) are put into operation if there is a design and a floor plan. The service is paid.

Registration cost

Opening an inheritance case and registering data on its acceptance in the Unified Notary Information System is not subject to state duty. The fee is charged only for obtaining a certificate of title to inherited property. Its size is:

• 0.3% of the value specified in the cadastral value act or the report of an expert appraisal organization, if the successor is a close relative of the deceased (brother, sister, father, mother, spouse, children);
• 0.6% of the value of the property (according to the above-mentioned acts), if the heir does not belong to the category of close relatives.

Costs for state registration of a house with a land plot:

• 2000 rub. for home decoration;
• 350 rub. for re-registration of land.

Possible problems

Changes are periodically made to the Land Code. This must be taken into account in order to design the dacha correctly. It will not be possible to use outdated provisions. Only a lawyer can tell you what requirements are put forward for a dacha today and how to properly formalize an inheritance. Some people ignore the provisions on land surveying. The presence of a fence means nothing if it is not located on the border of the property in accordance with the documents. Quarrels with neighbors occur precisely because the owner did not take the necessary actions and installed a fence, seizing part of someone else's dacha.

Ignoring land surveying leads to a lot of problems that are resolved in court, which requires additional costs. It will not be possible to issue a deed of gift (the requirement is valid from 2021). A lease, purchase and sale, or exchange agreement will also not be drawn up or registered if the dacha is not demarcated. If you do not have the necessary documentation, you cannot carry out any real estate transaction. The legislation does not allow the registration of objects without defining clear boundaries with reference to objects in the surrounding area.

How to enter into an inheritance if many years have passed on the land

The standard statute of limitations is 3 years, including in inheritance cases. However, it should be borne in mind that the countdown is not from the date of death of the testator, but from the date when the heir ceased to experience reasons preventing him from exercising the right to inherit.

Thus, if for 10 years or more the heir could not apply for inheritance (he was abroad, did not know about the death of the testator, etc.), and he can document the presence of such compelling reasons. The limitation period (3 years) will be counted from the date when the force majeure expired.

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That is why, even after 20 years, nothing will prevent a conscientious heir from proving his rights to the inheritance and receiving property legally, albeit through the court.

Registration of an inheritance for a land plot after death is somewhat different from entering, for example, into the ownership of an apartment. Land holdings can be of several types:

1. The object may be owned by the testator. The right of ownership passes to the recipients by law or will.
2. The testator received the plot under a lease agreement. As a rule, a citizen can obtain land lease from the administration for a period of up to 49 years. His heirs will have the right to rent the plot until the expiration of the term of use.
3. The deceased could receive the land as part of a perpetual tenure. In this case, the testator's right to use the plot passes to the heirs.

If the land was leased or was in perpetual use, the receivers will be able to continue the lease rights. The inheritance of a leased land plot does not provide for the possibility of selling it. The owners in this case will be the lessors (state and local authorities).

Registration of inheritance for land that was owned by the testator is much easier. The entire process of registering the rights of the new owner will not take much time. To transfer rights to the heir, you need to contact Rosreestr. The body chosen is the one that is geographically related to the location of the property. You need to have the following package of documents:

• Death certificates of the previous owner, his title documents for the plot.
• Applicant's passport, grounds for transfer of property rights (inheritance certificate).
• An application written by the applicant for registration of land rights, a check for payment of the state duty (2,000 rubles).

Heirs can begin registration the very next day after receiving the certificate of inheritance. You can submit documents through the multifunctional center or use the Internet service (government services website).

There is no deadline within which to apply for registration of rights. The entire procedure takes 1-2 weeks. After consideration of the application, the heir will be issued an extract from the register (as a title document).

Design nuances

It is worth knowing that by accepting property, the heirs assume all obligations to bear expenses. If the testator has accumulated arrears of taxes and other payments for the plot, then this amount will go to the receivers. The heirs will need to pay off all debts of the deceased.

How to register land as an inheritance if there are buildings on it? If the buildings are legalized and there are ownership rights to them, then you need to submit separate documents for re-registration of rights to the house (or other buildings). It will be more difficult if there is an object on the ground that is not shaped in any way. You will need to contact the registration authority with a request to legalize the construction (if the house has not been completed). If the building is ready, then it will be necessary to obtain registration in court.

If there are several receivers for one land plot, then each of them can apply at any time to register their share. In this case, each of them will need to pay a state fee of 2,000 rubles.

Often, when inheriting a land plot, it may be discovered that the documents are lost or drawn up according to the old model. From the point of view of the law, there is a difficulty in recognizing the rights of the testator to the land and, consequently, the rights of new successors to it. Let's look at two main situations that receivers may face.

If the testator had old-style documents for the land, then it will not be difficult for the heirs to formalize the inheritance of the land. The existing papers will only be needed to submit them to the notary’s office to formalize the inheritance case. Receivers will also need to conduct an assessment of the land plot. This is necessary for the notary, who, based on the established amount, will calculate the state fee for entry.

To register an inheritance for a land plot, it is necessary to survey the plot and contact the cadastral authority for registration. Heirs must contact Rosreestr to obtain new documents for property, register the land and obtain rights under inheritance.

In the absence of title documents for the land, the right of the testator and his successors will need to be proven in court. As a rule, disputes occur regarding dacha plots that were used by relatives. When filing a claim in court, heirs must provide evidence of the use of the land. They may be:

• Statements of payment of taxes, membership fees and other partnership fees.
• A document from the partnership indicating information about the allocation of the plot to the testator.
• Cadastral passport (if available).

If the deceased did not have documents for the plot, then his successors need to survey the land and contact Rosreestr for delivery to cadastral registration.

After a court decision is made on the recognition of property rights and the execution of all the necessary documents, the receivers can formalize ownership of the land by inheritance.

Each person during his lifetime can draw up a will with a notary and dispose of acquired property after his death independently.

But in practice, not everyone does this; in most cases, relatives enter into inheritance rights simply in accordance with the law.

Without a will

Russian laws allow you to register an inheritance without a will. This is done if the testator did not leave instructions in the event of death or subsequently canceled it.

All other relatives will already belong to the second and subsequent lines of inheritance and will receive a share only if the heirs of the first line are not alive or they have renounced their right.

It is necessary to open an inheritance case in a notary office at the place of residence of the testator. If there are several notaries working in a locality, then the residents between them are divided by the first letter of their last name. It is better to clarify this information in advance by phone.

To all relatives who expect to enter into inheritance rights. All relatives who expect to enter into inheritance rights must, within six months from the date of death, contact the required notary and write an application for acceptance of the inheritance.

After the notary has collected applications within six months, he will decide on the distribution of the inheritance between the heirs. If one of the relatives does not agree with him, then he will have to go to court to resolve the issue.

It is worth noting that, according to the law, a residential building and a land plot are two different real estate objects and ownership rights will have to be registered separately for each of them. Their value is also assessed separately.

By will

If the testator made and duly registered a will during his lifetime. Then the heirs can also take over in six months. There are no special problems with registration, and there is no need to prove the existence of a relationship.

Usually, lawyers or a notary directly help you draw up a competent will. It is practically impossible to challenge a document that is correct from a legal point of view in court. Although relatives still have such an opportunity according to the law.

It’s a completely different matter if the testator simply wrote his last will by hand and sent it to the notary’s office by mail. In this option, no one can guarantee the absence of legal errors and the chances of winning the case challenging the will increase significantly.

A private house and the land on which it is located quite often becomes property that is inherited. In this case, we will be talking about two real estate objects, each of which has distinctive features and, accordingly, requires a separate procedure for registering the transfer of ownership rights after the stage of entry into inheritance rights is completed.

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It is important for potential heirs to know how to correctly enter into an inheritance and acquire rights to the types of real estate in question.

Registration of an inherited land plot and the house located on it occurs through an application to a notary at the place of registration of the deceased person.

If there is no properly executed will, then the heirs are called upon to accept the inheritance in accordance with the law, taking into account existing queues.

Before contacting a notary office, interested parties must collect the required package of papers regarding the land plot and house.

The package of documents may have some differences, depending on the characteristics of a particular land plot and the buildings located on it.

The standard package of papers includes:

• certificate confirming the death of the testator;
• a certificate from his last place of registration;
• passports of all persons claiming inheritance;
• confirmation of family ties with the heir, if we are talking about inheritance by law;
• documents confirming the rights of the deceased to the object of inheritance;
• documents from the cadastre for the land plot and buildings located on it;
• confirmation of the estimated value of real estate at the date of death of the testator;
• a will, if there is one (rights to the house and land under a will can be transferred to any person, regardless of family ties).

To accept an inheritance, interested parties must contact a notary office (Article 1125 of the Civil Code of the Russian Federation).

• pre-trial - implemented with the consent of the remaining heirs if they have already entered into inheritance rights. Their shares will be proportionally reduced in order to form the share of the late heir;
• judicial - occurs in all other cases.

Procedure

Heirs deprived of the right to receive land

Among the persons included in the circle of potential successors, one should highlight those who may be deprived of inheritance rights, in particular, to property. These are unworthy heirs, who are such according to Art. 1117 Civil Code.

Legal successors who:

• committed intentional illegal actions against the testator or other heirs in order to call themselves or others to inherit, in an attempt to appropriate land ownership that is inherited, in order to increase their share or the shares of other successors, and this fact was recognized by the court;
• are the parents of the testator, deprived of parental rights at the time of his death. If their parental rights up to the time of death are restored, they must be called upon to inherit;
• maliciously evaded their responsibility to support the deceased.

It is noteworthy that such heirs will not only have problems in inheriting land - they will be deprived of inheritance rights in general.

If at the time of receiving the inheritance the land plot is at their disposal, they are obliged to transfer it to other heirs, as well as other property that came to their disposal from the inherited property.

Inheriting an unregistered land plot

According to the general rule established by Art. 1112 of the Civil Code, only the property that belongs to the testator by right of ownership can be inherited. But in practice, there are situations when the land that the deceased used throughout his life is not registered as an object of law, and accordingly cannot be included in the inheritance mass. However, under certain conditions, inheritance of such real estate is possible in court.

Thus, provided that the plot is included in the category of lands transferred by inheritance, and in accordance with paragraph 82 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of inheritance” dated May 29, 2012, the court may recognize the heirs’ rights to land plots, which were allocated to the testator for:

• subsidiary, country or personal farming;
• vegetable gardening/gardening on the right of permanent use;
• individual or garage construction,

However, the main condition for recognition of the applicants' ownership of such land plots is the appeal of the testator, expressed by him during his lifetime and aimed at acquiring ownership rights.

Simply put, heirs will receive the right to unregistered plots if the deceased started the process of obtaining ownership of them during his lifetime.

Documents for registering an inheritance with a notary

Design nuances

Registration of inheritance for a land plot is carried out by a notary at the place of its opening. It is he who must be contacted before the expiration of a 6-month period from the date of death of the owner whose land is inherited.

In this case, you need to submit the appropriate documents confirming the relationship. After which, after six months, a certificate will be issued, provided that no difficulties arise.

Attention important to know! When registering a land plot as a property by inheritance, the first step is to open a case and issue an official document - a certificate of inheritance, with which you can take further actions in order to acquire ownership rights to the inherited land, both its share and the entire plot.

If the heir does not apply within the prescribed period and ignores it, then the matter will take more serious turns, and the deadline for accepting the inheritance will have to be restored in court.

The court has the right to extend the period if the heir had valid reasons for the delay. There is another way - a claim for recognition of property rights by inheritance. We will describe this procedure in more detail in this article.

To do this, you will need a package of necessary documentation that fully proves the right to accept the inheritance, which the notary has the right to demand.

The procedure for registering an inheritance is a rather labor-intensive and lengthy process that requires compliance with all regulations and legal acts. It is for this purpose, and so that all interested potential heirs have time to declare their rights, a six-month period has been determined.

There are then two options:

• There is a will. The notary reads out the last will of the testator. The property passes to the persons specified in the will. All controversial issues are resolved in court.
• There is no will. The dacha is divided among all legal heirs in equal shares. Entry into the inheritance is possible only six months after its opening.

All new dacha owners receive certificates of inheritance.

Procedure

Step-by-step instruction:

1. Make an appointment with the “one-stop service” (MFC) or Rosreestr.
2. Choose a convenient method:

• through State Services or the Rosreestr website;
• personal visit to the MFC - you will need to take a coupon and wait your turn;
• by phone - a specialist will accept the application and schedule a free day to visit the MFC.

1. Inform about your desire to register ownership of a land plot or share.
2. Pay the state fee (see below).
3. Fill out the application, sign it and give it to the window specialist.
4. Submit documents, receive a receipt for acceptance of the registration package.
5. Wait for a second call to the MFC branch or Rosreestr.
6. Visit the branch with a passport and a receipt - the registrars will issue an extract from the Unified State Register of Property Rights.

Remember that without registering land ownership, you will not be able to dispose of real estate - rent, sale, donation, will, exchange, pledge and other transactions will become unavailable. A certificate of inheritance only confirms the rights of the successor, but it does not establish ownership.

Application (sample)

Registration of property rights occurs at the request of the heir. If children under 14 years of age are involved in the transaction, the application must be filled out by their parents or guardians (grandparents, uncles, aunts). Starting from the age of 14, the child fills out the documents himself, but with the consent of his legal representatives.

Contents of the application for registration of ownership of a plot of land:

• name of the registration authority;
• legally significant action - registration of the owner’s rights to a land plot;
• information about the applicant - full name, address, contacts;
• the essence of the copyright holder's request;
• the basis for registering property rights is a certificate of inheritance;
• type of registered property - land plot or share;
• location of the land plot - address, cadastral information, area, etc.;
• method of submitting/receiving documents - paper or electronic;
• list of attached papers;
• date, signature of the new owner of the land.

Required papers

The package of documents depends on the type of inherited property. The application must be accompanied by:

• identification card - usually a copy of the Russian passport;
• certificate of inheritance;
• title and technical papers for inherited land;
• proof of payment of the state duty - a receipt (optional).

After checking the documents, the registrar issues a receipt to the heir - on its basis, the applicant will subsequently be able to receive documents confirming the transfer of rights.

Expenses

When registering property rights, the heirs will have to pay a state fee. Its size depends on the type of property.