Hello, who inherits a non-privatized apartment? For those who are registered? Or can it be transferred by will?

Is it possible to inherit a non-privatized apartment?

My brother was killed 9 months ago. He had an apartment that was not privatized with debts. Can an apartment be inherited by a sister? Mom and dad are not.

Is it legal to inherit a service apartment after the death of the tenant?

Good day! In the municipal service apartment where the responsible tenant father, members of his family, wife and son, are registered. What happens to the apartment after the death of the tenant? Will her son be able to serve her and further privatize her? At this...

Do I have the right to inherit a non-privatized apartment after the death of my husband?

Hello. Please tell me if I have the right to inherit a non-privatized apartment after the death of my husband. The marriage is registered, they lived together but there is no registration. Thank you

22 March 2018, 10:39, question #1942759 Lukoyanova Elena, Kazan

Does the wife have the right to inherit a non-privatized apartment?

Hello. The son died after two months of marriage registration. He had a part of the share in a non-privatized apartment. There are no joint children. Does the wife have the right to inherit this share?

How to get the right to inherit a non-privatized apartment after the death of a relative?

How to get the right to inherit a non-privatized apartment (received by exchange of the USSR) after the death of the father if 16 years have passed for a native daughter. The daughter is not recorded in the house card, and the son, who is not a citizen of the Russian Federation, is registered in the apartment, does not live and does not ...

How to inherit a non-privatized apartment if 7 people are registered?

I would like to know who will inherit the nepriatezirovannuyu apartment. There are 7 people registered in this apartment. That is, after the death of a person to whom this apartment is recorded. It can be inherited by all 7 registered people. Or only the one who starts the system first...

Who is the heir if the tenant of the non-privatized apartment dies?

Hello If the tenant of a non-privatized apartment died. And there, together with him, 2 sons of the deceased are registered (one of whom is temporarily registered elsewhere) I would like to know the right to inherit this housing?

Can I bequeath my share of a non-privatized apartment if the tenant dies?

GOOD MORNING. PLEASE SAY, our apartment is not registered, the real tenant died, three people are registered in the apartment. Can my grandfather bequeath his part of the apartment to someone without the consent of other residents.

What will happen to a non-privatized apartment after the death of the responsible tenant if a minor (12 years old) child is registered in it?

My son, 12 years old, is registered in an apartment with his mother-in-law (his father died 5 years ago). The mother-in-law categorically refuses to privatize the apartment. 1. In the event of her death, what will happen to the apartment? 2. Is it possible to privatize part of the apartment (thus ...

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Who will get the dad's share if the apartment is not privatized?

Hello, my dad died and he was registered in the apartment, along with my mom, his brother and his two daughters, the apartment is not privatized, who will get dad's share for this apartment? And another question is also the apartment owner, he (dad) in this apartment ...

Transfer of a non-privatized apartment by inheritance

Situation: 2-room apartment is NOT pre-privatized, it is registered: grandmother, her daughter, grandson and granddaughter. The grandson has a wife who is not registered in the apartment, but will soon give birth to a child. Her daughter and her granddaughter have not lived there for 10 years, although they are registered. grandson with...

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Almost any property that belonged to a deceased citizen is subject to inheritance. However, there are a number of exceptions in the law, one of which is related to non-privatized housing. Municipal property is not inherited, despite the fact that family members of the deceased person continue to use the dwelling. Let's try to figure out how to be in a similar situation?

Is it possible to bequeath an unprivatized apartment

The owner of the property can sign off the apartment to his relatives or third parties. If necessary, you can bequeath property to an enterprise or the state. The only condition is that the property must belong to a citizen on the basis of the right of ownership, i.e. if there is a certificate of ownership or an extract from the USRN of a new sample (Article 218 of the Civil Code of the Russian Federation).

A similar rule applies to common equity or property jointly acquired by spouses. The owner can only dispose of his part (shares) of the property.

What if the property is not privatized?

Such property cannot be inherited due to its status - it is municipal property. Only the right to use the property is assigned to the tenants (Article 7 of Law No. 1541-1 of 07/04/1991).

If the tenant (tenant) has applied for the privatization of housing and has already begun to prepare the necessary documents, housing can be written off to the heirs in case of sudden death.

Why is this allowed? It's all about timing - verification and execution of documents takes at least two months, which means that the procedure is delayed through no fault of the applicant (Article 8 of Law No. 1541-1).

Is it possible to inherit a non-privatized apartment

The Supreme Court secured for citizens the right to inherit real estate, which is in the process of registration (Resolution of the Plenum of the Supreme Court No. 8). The main criterion is the availability of documentary confirmation of the will of the citizen regarding the privatization of the object.

If a citizen has submitted an application and concluded an agreement on privatization, his relatives (heirs) may inherit.

However, they will have to go to court to recognize ownership or include the apartment in the inheritance.

Grounds for inheritance of housing

The only basis for accepting housing as an inheritance is the submission of an appropriate application by the responsible tenant (it is he who acts as the main participant in the transaction for the transfer of a municipal apartment for citizens to live in):

  • If the tenant with whom the social rent agreement has been concluded has not begun the procedure for transferring housing to private ownership, relatives will not be able to inherit the apartment.
  • If it turns out that the application for privatization has been withdrawn by the testator, the right to inherit from the relatives of the deceased citizen also does not arise.

Thus, much is connected with the actions of the testator himself - it depends on him whether the heirs will be able to issue non-privatized housing into private ownership.

What housing cannot be inherited?

The following residential type property does not pass into the ownership of citizens:

  • Staff only;
  • living space in emergency houses;
  • premises in military camps of a closed type (ZATO);
  • premises in hostels.

The specified property is not subject to privatization, and therefore cannot be inherited.

If the apartment is not privatized, who has the right to inherit after death?

The primary contenders for the assets of the deceased relative are children, parents, spouse. The order of succession can be changed with a will. The testator is allowed to determine the composition of the participants and the size of the shares of the property of the recipients (heirs).

However, we should not forget about socially unprotected citizens. Such persons should compulsory inheritance share(Article 1149 of the Civil Code of the Russian Federation). Initially, this includes the minor children of the testator. The rule applies not only to blood, but also to adopted children.

The law also protects the interests of disabled parents, spouse and dependents of a deceased citizen. The will must not infringe on the interests of these persons. An exception is the recognition of an heir as unworthy - in other words, a violator of the conditions of inheritance. If there is a court decision, such citizens are excluded from inheriting the property of the testator, regardless of the rule on the mandatory part.

How to get a non-privatized apartment by will?

To exercise his right to inheritance, a citizen needs to contact a notary. If the ownership of housing is not formalized, then the heirs will be denied the issuance of a certificate of inheritance. The notary will offer the relatives of the deceased person to go to court. And it doesn't matter whether a testamentary disposition was drawn up or it is absent. When preparing a statement of claim, one must be guided by the provisions of the Code of Civil Procedure of the Russian Federation and the explanations of the Plenum of the Armed Forces of the Russian Federation. Today there is a positive judicial practice on the inheritance of non-privatized property.

Can I file a claim right away? Initially, you need to contact a notary so as not to miss the deadline for accepting the inheritance - 6 months from the date of opening the inheritance. At the same time, you can file a lawsuit, since non-privatized housing may not be the only object of inheritance. The purpose of the appeal to the court is the inclusion of housing in the inheritance. If the applicant applied to the notary on the eve of the deadline and received a reasoned refusal to issue a certificate of inheritance, you can immediately file a claim for recognition of ownership.

Order and procedure

Interested parties need to prepare documents. The statement of claim is filed at the place of residence of the deceased employer. Civil cases are considered by world, district (city) courts.

The application is made in writing, evidence of the stated facts is attached to it. The respondent is the state represented by the municipality. When filing a claim, you must also pay a state fee (see below).

Procedure:

  1. Establish the fact of death of the tenant of the apartment.
  2. Contact the registry office for a death certificate.
  3. Make an appointment with a notary, provide documents, a will.
  4. Obtain a refusal to issue a certificate of inheritance.
  5. Apply to the court with a claim for the inclusion of property (non-privatized apartment) in the inheritance.
  6. Attend court hearings and read the decision.
  7. Take the writ of execution to the notary's office.
  8. Complete the inheritance process.

Below is a sample claim. If necessary, you can add the appropriate sections and circumstances.

Required documents

A package of documents must be attached to the statement of claim. Papers must unequivocally confirm the stated requirements. Minimum list of securities:

  • a copy of the claim;
  • employer's death certificate;
  • evidence of kinship with the deceased citizen;
  • an agreement on the privatization of housing with the local administration;
  • act of transfer of the property;
  • notarized statement of entry into the inheritance;
  • reasoned refusal of the notary;
  • appraisal document on the value of the property;
  • proof of payment of state duty.

The list of documents is not exhaustive. If there are additional participants or circumstances, it can be expanded. The main thing is that the papers are relevant.

Expenses

The basic item of expenditure is state duty. It must be paid before filing a claim. The receipt is attached to the package of documents and the claim. The absence of a bank document may lead to a refusal to accept an application (Articles 134-136 of the Code of Civil Procedure of the Russian Federation). The amount of the fee is calculated based on the value of the disputed property. At the same time, the amount of the state duty consists of two parts (a fixed rate + a percentage of the difference in indicators).

Example. The testator wrote a 2-com. non-privatized apartment for his daughter. According to Rosreestr, the inventory value of a share in real estate amounted to 182,312 rubles. Calculation of the amount of state duty - 4847 (3200 + 1647) rubles.

How to inherit a non-privatized apartment by law

The procedure for applicants is the same as when inheriting non-privatized housing by will. The only difference is the absence of an order that defines the circle of applicants. When inheriting by law, the primary heirs are children, parents, living spouse.

Order and procedure

The heirs of the deceased citizen need to visit a notary, submit an application. If the property is not privatized, then the heirs will be denied a certificate. After that, you can start preparing papers for the court.

Legacy procedure:

  1. Collect documents confirming the fact of kinship with the deceased.
  2. Visit a notary, write a statement.
  3. In case of refusal, prepare for the trial (draw up a lawsuit, collect documents, pay the state duty).
  4. Presence at court hearings, obtaining the final decision of the court.
  5. Re-application to the notary for the issuance of a certificate.

When applying to the court, you must briefly state the circumstances of the case. One of the points of the claim is a description of the fact of filing an application with a notary's office. A reasoned refusal of the notary will need to be attached to the claim. Additionally, you need to refer to the Decree of the Plenum of the Supreme Court No. 8. The Supreme Court has already dealt with such issues. Also, do not forget about displaying the value of the disputed object. On its basis, the amount of state duty is calculated.

You can download the claim form from the section above.

Required documents

The same documents as in the previous section are attached to the statement of claim. Only the will of the deceased is excluded from the list.

Expenses

When filing a claim, you need to pay a state fee. It is calculated based on from the cost of the claim. To determine the amount of the fee, you must contact the Rosreestr for appraisal work. You can also get information on the official portal of the state institution.

Arbitrage practice

In the presence of proper evidence, the courts periodically satisfy the claims of the heirs for the inclusion of non-privatized real estate in the inheritance. Also, the heirs recognize the ownership of housing. If, on the date of the adoption of the judicial act, less than 6 months, then the court includes the property in the inheritance. After the expiration of the terms, the heirs are usually recognized as the owner of the property.

Possible disputes among heirs in court:

  1. Restoration of missed deadlines for filing an application with a notary office.
  2. Establishing family ties with the deceased - for the inheritance of an apartment by law or by the right of a mandatory share.
  3. The exclusion of individual heirs from the general circle - due to the status of "unworthy".
  4. Accounting or exclusion of the property of the deceased from the inheritance.

Example. The court received a claim for recognition of the right of ownership in the framework of inheritance. There were three applicants. The defendant was the Administration of the municipality of the Ulyanovsk region. The plaintiffs explained that after the death of their mother, an unfinished, non-privatized apartment remained. The will of the testator on the privatization of housing is confirmed by the application. However, the woman did not have time to finish the paperwork. The case file also featured an agreement on the transfer of housing to the property. Due to the lack of a complete package of documents, the heirs cannot enter into rights. However, the deceased woman did not withdraw her application for privatization. The claims were satisfied. The plaintiffs recognized the ownership of real estate (Decision of the Barysh City Court of the Ulyanovsk Region of 04/06/2012 case No. 2-157 / 2012).

An entry in Rosreestr is made on the basis of a judicial act. Separately, a court decision is not a title document for housing. This should be remembered when contacting Rosreestr to obtain an extract from the USRN (replaces certificates of ownership).

Is it possible to use a non-privatized apartment for relatives of the deceased

If family members are specified in the social tenancy agreement, then they have the same rights as the main tenant of the residential premises. Consequently, after his death, the relatives retain the right to use the property - living in an apartment on the same terms. Relatives of the testator may renew the contract of social employment in their own name. The concluded agreement will serve as the basis for further privatization of the property.

Please note that family members will also have to re-register personal accounts for paying rent + utilities in a municipal apartment.

Relatives who did not live together with the employer cannot conclude a social contract and privatize an apartment, even if they are close relatives (wife, parents, children). It is believed that they are not entitled to a social apartment, since they do not belong to the poor category of citizens.

To re-register a social contract, you need to provide a package of documents. This includes:

  • a previous contract with a deceased citizen;
  • passport;
  • documents confirming the right to the occupied living space - an extract from the house book (archival).

Below is application form:

If the homeowner refuses to renew the social contract, the relatives of the deceased citizen will have to go to court. To privatize housing, you need to prepare the following papers:

  • passport of a citizen of the Russian Federation;
  • application for privatization;
  • a social tenancy agreement or an old housing order;
  • papers from BTI;
  • an extract from the house book - about the composition of the family;
  • an extract from Rosreestr - about non-participation in privatization until now.

After checking the papers with the applicant, an agreement is concluded on the transfer of the property to the property. After registration of the necessary papers, the property becomes the property of the relatives of the deceased citizen.

Return of property to owner

Quite often relatives of the testator lose property. The reason is the lack of legal rights to the property. If a person lived in an apartment alone and other persons were not indicated in the social contract, such property cannot be inherited. The agreement with the owner of the premises is terminated due to the death of the tenant (clause 5, article 83 of the LC RF). Social housing becomes the property of the municipality and is transferred to the next poor family.

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Inheritance of non-privatized property is accompanied by certain nuances. The right to property arises for applicants, provided that the testator has submitted an application and concluded a privatization agreement. However, when applying to a notary, relatives will be denied a certificate due to the lack of title documents. They will have to defend their rights in court. In order to competently draw up a statement of claim, it is necessary to consult a lawyer, otherwise the court session may drag on for months, for example, if it becomes necessary to clarify the claim. You can book a free consultation on our website. All you need to do is request a call back.

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Inheritance of a non-privatized apartment after the death of the owner occurs on the terms of a testamentary form, and in its absence - according to the law. At the same time, the legal meaning - the legal status of the owner - if the dwelling is in municipal ownership, inheritance in favor of private individuals is not allowed. In this article, we will consider all the nuances of the inheritance of living space by law or by will.

If the owner of the housing stock is a local authority, apartments can be transferred to citizens on a social lease basis. In this case, all tenants acquire not the right of ownership, but the right to permanent use of real estate. Due to the lack of the right to dispose of an apartment during a social lease, it will be impossible to transfer it to heirs under a testamentary document.

What happens when a public housing tenant dies? In this case, the following scenarios are possible:

  1. if the deceased citizen was the only tenant, and other subjects did not acquire the right to permanent residence, the living space will be returned to the municipal fund for distribution to other persons;
  2. if at the time of death of a citizen, members of his family or other persons acquired the right to permanent use of housing - the apartment is retained in a social lease for the indicated persons, while the contract with the municipality may be reissued to another tenant;
  3. if at the time of the death of the tenant he submitted an application to the municipality for the privatization of the apartment, the dwelling will be considered as an object of inheritance (the result of the inheritance procedure will be an extract from the state register of the USRN immediately for the heir under the will).

If a deceased citizen has applied for privatization, but this procedure has not been completed, an application to the court will be required for the emergence of inheritance rights. Potential heirs must file a claim for recognition of property rights and distribution of it according to the law among the relatives of the deceased.

To re-register the contract for other tenants, the hereditary procedure is not carried out. A death certificate is submitted to the local authority, after which all documents are reissued to the new main tenant. In this case, the inheritance case does not open.

If there are several testamentary forms with the same content, the later document has priority. However, legislative acts allow the existence of several wills, each of which may contain options for disposing of different property assets. If there is a dispute about the validity of one or more wills, it will be considered in court.

In addition to purchasing housing under the privatization program, citizens can make purchase and sale transactions on the secondary real estate market or through a developer. In this case, the apartment will be considered non-privatized, however, the existence of the right of ownership will allow it to be transferred to the heirs by law or by will.

The nuances of the inheritance of living space under the terms of the testamentary form are as follows:

  • the owner of the property has the right, even during his lifetime, to determine the circle of potential heirs, which may include not only relatives, but also outsiders and even legal entities;
  • the will must be drawn up with a mandatory certification by a notary, and its content is a secret until the death of the owner;
  • after drawing up a will, the owner can repeatedly change its conditions, or completely cancel the testamentary disposition;
  • the contents of the testamentary form may include not only actually acquired, but also future property (for example, if an apartment is purchased several years after the will is made, it can also be included in the terms of this document in advance).

Potential heirs will be able to find out about the existence of a testamentary form only after the death of the owner of the dwelling. This can cause serious disputes between heirs, who suddenly learn about the renewal of rights to other persons.

If there are doubts about the objectivity and free will of the owner of a non-privatized apartment, the will can be challenged. The Civil Code of the Russian Federation establishes the following circumstances under which a will may be declared invalid:

  1. violation of the norms of legislative acts in the preparation of a will;
  2. violation of the requirements for the form of the document (for example, the absence of a notary's certification signature);
  3. inclusion in the will of a dwelling that does not belong to the testator (for example, one cannot bequeath a dwelling owned by private property to a spouse or other family member);
  4. drawing up a testamentary document under the influence of deceit, misrepresentation, violence or the threat of its use;
  5. other factors regulated by law.

Contestation of a will occurs only by applying to the courts, and any interested person can act as a plaintiff.

Also, a number of persons will be able to claim a mandatory share of a non-privatized apartment, even if they were not included in the content of the testamentary form. The right to receive part of the living quarters will have disabled citizens who have the right to inherit by law, and who lived at the time of death with the owners.

To exercise the right to a mandatory share, you need to apply to a notary's office with a statement confirming the specified grounds. The size of the mandatory share is half of the part of the property to which the heir could claim under the law.

After the completion of the inheritance case, a notary's office issues a certificate of the right to inheritance, including a non-privatized apartment. If there were several heirs under the will, the distribution of shares between the heirs will take place in accordance with the will of the testator. These shares may be unequal, which is fundamentally different from the inheritance procedure under the law. After receiving a hereditary certificate, citizens can contact the Rosreestr service and register their rights with the USRN.

Acquisition of rights to a non-privatized apartment upon inheritance by law

If the owner of a non-privatized apartment did not make a will in favor of specific persons before the moment of death, the residential premises will be transferred to the heirs according to the law. The rules of this hereditary procedure are regulated in part four of the Civil Code of the Russian Federation, and its nuances are as follows:

  1. confirmation of inheritance rights occurs by submitting an application to a notary's office, and when inheriting by law, only relatives can receive property;
  2. to determine the priority of inheritance rights to housing and other property, the principle of priority is used - first of all, the spouse, parents and children of the deceased owner are included;
  3. heirs of the second and subsequent stages will be able to acquire the rights to a non-privatized apartment only if there are no persons from the first stage, or if they refuse to receive an inheritance.

If citizens who did not have the right to own property lived in the inherited apartment on a permanent basis, they will be able to continue to live on similar conditions after the completion of the inheritance procedure.

A characteristic feature of inheritance under the law is the distribution of property in equal shares between all heirs who have submitted an application to the notary's office. A change in the principle of equality of shares is allowed by agreement between the heirs, for this a written document is drawn up with subsequent registration in the Rosreestr.

In order to formalize the rights to a non-privatized apartment after the death of the owner, potential heirs must submit the following set of documents to the notary's office:

  • application for acceptance of inheritance;
  • documents confirming the existence of family ties with the owners of the apartment (birth certificate, judicial act, etc.);
  • certificate of death of the owner of the property;
  • title documents for a non-privatized apartment (certificate of title, extracts from the USRN state register, etc.).

The heirs of a deceased citizen need to take into account an important rule - by expressing the will to enter into inheritance rights, they automatically acquire part of the debt obligations of the deceased. For example, if at the time of death the owner had outstanding loan debts to the bank, they will be distributed in equal shares among the heirs who submitted an application to the notary's office. It is impossible to accept a share in an apartment and refuse to accept debts, the law does not allow such a right.

Heirs of the second and subsequent stages retain a chance to receive a share in the apartment only in the absence of direct relatives (spouse, children or parents). In addition, when inheriting by law, the rule of compulsory share does not apply, it only applies to testamentary disposition.

At the time of the death of a citizen, the ownership of an apartment may not yet be registered (for example, when investing in shared construction). In this case, a certificate of inheritance will be issued, on the basis of which it is possible to demand registration of ownership of the specified object. If disputes arise, such issues can be resolved in court.

Step-by-step instructions for registration of rights to a non-privatized apartment

In order to legally inherit the rights to a non-privatized apartment, you must adhere to the following algorithm of actions:

  1. obtain a death certificate of the owner of the apartment and submit it to the notary's office;
  2. find out the contents of the testamentary document, if the inheritance was executed in this way;
  3. within six months from the date of death, submit an application to the notary's office, in which to express consent to the acceptance of property;
  4. after six months, you can get a certificate of inheritance at the notary's office;
  5. on the basis of the certificate, you need to register the rights to the apartment or its share through the Rosreestr service.

It is extremely important to observe the six-month deadline for filing documents with a notary. If it is missed, the heir loses the opportunity to claim the property assets of the deceased, and the restoration of the procedural period is allowed only if the reasons are valid and through the courts.

Identification of the composition of the property that the heirs can acquire occurs by submitting title documents to the notary's office. If the heirs do not have such documents, but they reliably know that the deceased has a non-privatized property, requests to the Rosreestr service can be made by a notary.

Among the possible disputes that may arise in the course of inheritance by law, we can distinguish:

  • restoration of the missed term for entry into inheritance rights;
  • exclusion of certain persons from the inheritance case by recognizing them as unworthy heirs (for example, if these persons committed illegal actions aimed at increasing their share in property);
  • confirmation of family ties with the deceased in court;
  • exclusion of certain property from the inheritance base.

If the inheritance property, in addition to the apartment, includes other real estate objects, the heirs can agree on other options for the distribution of shares. In accordance with the agreements reached, the registration of rights to real estate in Rosreestr will be carried out.

The inheritance of a non-privatized apartment is the right of a certain category of heirs who have a legal basis for this.

The Civil Code of the Russian Federation clearly spells out the list of citizens and the rules for the transfer of non-privatized property into the hands of heirs.

Let us pay attention to such features of the design of a non-privatized apartment by inheritance right, which have a legal basis for 2020:

  • Who can inherit a non-privatized apartment?
  • How to issue an inheritance after the death of the testator?
  • Is it possible to bequeath or sign a donation for a non-privatized apartment?

Grounds for inheritance of non-privatized property

In law persons who are direct heirs can inherit a non-privatized apartment. The Civil Code of the Russian Federation states that only the heir can participate in the design of a non-privatized apartment for inheritance. To complete such a procedure, it is necessary to take the following steps even before the death of the tenant:

  1. An application for the privatization of a residential apartment must be submitted to the registration department.
  2. The citizen (employer) must complete all the necessary documents to complete the privatization process.
  3. The registration department should not have an application to withdraw the privatization of property.

If all the above conditions have been met, then in accordance with the Decree of the Plenum of the Supreme Court of August 24, 1993 No. 8, the heirs have the full right to apply for the inheritance of non-privatized property after the death of the owner-tenant.

When considering the case, it will be taken into account that the successor submitted all the necessary documents, but did not have time to formalize the privatization before his death and did not receive the residential premises in his personal property by law.

Sequence of actions after the death of the owner

Based on Article 672 of the Civil Code of the Russian Federation, heirs have the right to stay in a non-privatized apartment after the death of the owner-tenant provided that they have previously lived together. At the same time, each relative has the right to conclude a contract for the lease of a non-privatized apartment. To do this, he should contact the housing fund.

The heir under the law of the deceased citizen-tenant may be a full-fledged person to conclude an agreement on a non-privatized apartment in order to retain the right to further residence in it.

After the conclusion of the contract on the basis of law No. 1541-1 of 04/04/1991, the official tenant has the right to inherit, and start a case for the privatization of registered property. In this regard, it is necessary to discuss in advance who will get the right to issue housing for themselves.

No inheritance rights

It is possible to privatize property that was left after the death of the owner on the basis of the execution of a social tenancy agreement, and not on the right of inheritance.

It should be noted that the citizen who lived with the owner before his death has the right to conclude an agreement on the continuation of social hiring in the housing department.

Other heirs do not have such a right and cannot inherit a non-privatized apartment.

What is not subject to privatization?

The law of the Russian Federation indicates a list of housing that is not subject to privatization and cannot become the property of the tenant:

  • Accommodation located in an office building.
  • Housing that is provided in a closed military camp.
  • Rooms in dormitory type houses.
  • The apartments are clearly in disrepair.

The importance of privatizing an apartment for heirs

To begin with, it is worth noting that during the privatization of property, the state transfers it to the full disposal of a citizen. It happens that during his lifetime the heir did not have time or could not privatize the apartment, which subsequently leads to legal proceedings.

Any real estate in the form of an apartment, garage, land and residential premises can be transferred into the possession of a citizen only after the official execution of documents in which ownership rights will be registered.

If the privatization procedure did not take place during the life of a citizen, then later the heirs may encounter a number of problems when re-registering the apartment as their property.

In a situation where the successor dies and the privatization procedure is not completely completed, the apartment remains the property of the state or the city council, with which an agreement was once concluded on the social tenancy of the premises where the tenant lived. In such circumstances, a citizen cannot become an official owner, but only a tenant of an apartment.

Stages of registration of non-privatized property

Consider how to enter into the inheritance of a non-privatized apartment. This procedure includes three main steps:

  • Making an application.
  • Collection of documents for privatization.
  • Consideration and privatization of property.

Making an application

After the death of the owner-tenant, the heirs you need to contact the registration department in the area where the apartment is located, in order to start the procedure for reissuing the contract for housing rental and further privatization of the property.

In the registration department, a relative of the deceased will need to fill out an appropriate application, to which documents are attached confirming the right of a citizen to a non-privatized apartment.

Collection of documents for privatization

Before the start of the privatization procedure, the citizen-heir should collect a certain list of documents:

  • Passport.
  • Application submitted to the registration department.
  • A special document taken from the BTI.
  • Issued housing order.
  • The concluded contract on social employment, which must be in the name of the heir.
  • A certificate from the house register, in which all family members living in the rented premises are registered.
  • A power of attorney issued by a notary to a citizen who acts as a representative of the heir in a social housing contract.

Consideration and privatization of property

The heir sends a package of documents to the registration department, where the right of a citizen to privatize property will be considered. Law enforcement agencies will verify the authenticity of the submitted papers through inquiries to the relevant government departments.

If there are no controversial issues, then the registration department calls the heir to draw up an agreement on the privatization of the apartment and its transfer to personal ownership.

After drawing up and official registration of the contract, the citizen-applicant enters into legal possession of the property. After that, all data is entered into the Unified Register, and the apartment is the full possession of the heir.

It follows from this that a citizen who lived together with the owner of the property can begin to draw up documents for the privatization of an apartment after the death of the owner. Before processing all documents for privatization, the heir will need to register a social contract for himself. After that, he can submit documents to the authorities for the successful privatization of inherited property.

Is it possible to make a will for a non-privatized apartment?

Is it possible to bequeath a non-privatized apartment? Yes, it is possible to issue a will for property as an inheritance not only for property that is at the disposal of the testator at the time of drawing up the document, but also for a non-privatized apartment that the heir may receive in the future.

When drawing up a will, the testator may, in general, bequeath all property (privatized and non-privatized), without specifically specifying each property separately.

During the preparation of such a document, the legal capacity of the owner plays an important role, he must be of sound mind and absolutely capable.

In the process of privatization of real estate, the owner has the right to make a will, according to which, if at the time of death the apartment is still not privatized, then this right is transferred to the appointed heir.

Guided by the third part of the Civil Code of the Russian Federation, Chapter 62, if there is a will, the transfer of property will be carried out according to the will of the owner-tenant. Thus, non-privatized property is inherited by a citizen, who can subsequently privatize it.

An exception to this regulation are heirs by law, who have an obligatory part in the inheritance.

Is it possible to issue a deed of gift for non-privatized property?

A deed of gift differs significantly from a will, although it is a way of transferring property into possession. If a non-privatized apartment can be bequeathed, then it is impossible to give this type of real estate as a gift.

It is possible to draw up a deed of gift only on the officially registered property of the testator.

Is it possible to donate a non-privatized apartment? The answer is unequivocal - no. In this regard, the owner-tenant must privatize the dwelling and only after that begin the process of registering the donation of the belonging property.

Despite the fact that in our country the privatization process has been going on for 25 years, many citizens still live in apartments that belong to the state housing stock.

Below we will consider in detail the question of whether it is possible to bequeath a non-privatized apartment, and whether it is possible for the relatives of a deceased person to re-register such housing.

Who has the right to inherit a non-privatized apartment

First of all, if a person lived alone in a non-privatized living space, while relatives were not registered in this apartment, then the interested persons will not have the right to live, and even more so to inherit.

So, after the death of the tenant, his living space goes to the municipal housing stock and is transferred to those people who have applied for social housing.

But, it is worth noting that there are certain rules that can guarantee living in this apartment for people who have family ties with the deceased tenant. What does it look like in practice? Everything is very simple: non-privatized living space can be transferred to the use of relatives, provided that at the time of death they lived with the deceased, and also had a common household with him. It should be noted that such persons should have only family ties.

According to the Housing Code, relatives cohabiting with a now-deceased tenant have the right to draw up a social contract for themselves, but on the condition that their personal data was entered in the original CSN.

To perform such a documentary operation, the consent of the remaining family members living in this living space or persons equivalent to them will be required. In addition, the consent of the municipal authority, which in this case is the owner of this apartment, will also be required without fail.

What is the procedure for inheriting a non-privatized apartment

If the tenant died, and the apartment remained non-privatized, while, as described above, registered relatives lived in the apartment with him, then they have every right to continue to use this room.

In this case, the legislation of our country clearly spells out the right of blood relatives to conclude an agreement on this living space with the authorities that represent housing from the state fund. In other words, a person who has the legal right of an heir can apply for non-privatized housing if he is registered there and lives. Moreover, the law allows such people to carry out the procedure for the privatization of this housing.

It is worth noting that it is impossible to inherit this housing by will. Can only be hired. Since in this situation a will from a deceased person does not apply to a non-privatized apartment.

In other words, this is interpreted as follows: if a close relative did not live in such a living space and was not registered in it, then after the death of the tenant, he will not be able to use the right of residence.

If the heir lived and was registered in a state-owned apartment, then after the death of the employer, he needs to start the procedure for privatizing housing. In practice, it looks like this: the heir must conclude a new apartment rental agreement, but only now in his own name. To do this, he will need to contact the appropriate service that registers housing.

A person will need to write a statement and provide documentary rights that he has the right to occupy this living space.

What documents do you need to provide to re-register an apartment

Before making the first visit to the relevant service, a person needs to collect the main package of documents, namely:

  • identification;
  • registration documents of the applicant;
  • certificate of housing from the BTI;
  • housing order;
  • employment contract drawn up for the person who is the applicant;
  • a certificate in which all registered people are indicated;
  • a power of attorney, certified by a notary, for the person who is a party to the contract for social employment.

When the package of documents listed above is provided, the application of the heir will be considered at the registration service. It is this service that checks all the provided data for the veracity of the specified data.

After the verification is completed, the municipal service will invite the applicant to draw up an agreement on the transfer of the apartment to the property. In this case, the right of ownership will come only when a person declares the privatization of housing. It is the perfect privatization that gives a legal opportunity to enter data about the apartment in a single register.

It is worth emphasizing that only in this way does a person enter into the rights to an immovable object that has not been privatized.

Can other residents of the house where the deceased lived claim a non-privatized apartment

First of all, it is worth noting that municipal housing already has an owner in the person of our state. For this reason, neither members of his family nor neighbors living with him in the same house can inherit non-privatized housing after the death of the tenant.

The only way to get the non-privatized apartment of a deceased neighbor for your own use is to get it from the municipal housing stock, after applying for social housing.

But at the same time, everyone who has a residence permit in this apartment has the full right to use housing, even if the tenant has died. The only thing that relatives have to do is to renew the social contract of employment for another family member.

In order to obtain the right to dispose of living space at its discretion, one of the relatives of the deceased person must privatize it. Only a person registered in it has the right to register a municipal apartment as his property.

It is worth noting that even if adult family members waive their right to such housing in favor of another person, then from the legal side they do not lose their rights by their refusal.

The only exception is minors. If the ownership of state real estate is registered for children before the age of majority, then after they come of age, they will be able to do such an operation again, and free of charge.

And in conclusion, I would like to add - you should not wait for a convenient moment in order to privatize your own housing. This procedure is absolutely free, the only obstacle for some people is the collection of documents for privatization. But even if you have to make a little effort for this, there is nothing wrong with that. The main thing is the end result and their own housing for their children.