According to the Russian Constitution, a person can be deprived of his property only by a court.But one other authority may randomly select a person of his property.Most often, this question arises in connection with real estate.However, even if the person does not live in the apartment and is not registered there, it still remains the owner of all rights and obligations.
basis for deprivation of property rights may include the following circumstances: the confiscation, requisition, foreclosure on the property for the obligations of the owner.That is, the property can be selected as unfairly acquired by a court judgment or taken away for debts.For example, if a person took the money borrowed on a mortgage
loan secured by the existing apartments and could not fulfill its obligations, the apartment is taken in favor of the bank.However, this is an extreme measure.As a rule, even the banks are making concessions, and would rather renegotiate than the selected property.In addition, if in the room inhabited by juveniles, the dispossession and eviction is carried out only with the permission of the guardianship authority, and it is issued only if the children have a place to live.
In some cases, ownership of the property is taken by the state.This occurs when, for example, the premises needed to accommodate objects of state or municipal value.In this case, the owner is obliged to pay compensation in the amount of market value of the property at the moment.
often raises the question of deprivation of ownership of the apartment and eviction due to non-payment of utility bills.However, under Article 236 of the Civil Code, a person can only voluntarily relinquish ownership of any property, deprive him of the power house and evict nobody has the right.If the apartment is not privatized, the eviction carried out in the hostel on a minimum area.
Tip 2: How to deprive the rights to the apartment
At the opening of the inheritance right to property of the deceased heirs receive by law or by will.If there is a bequest, in addition to the persons referred to in it, the obligatory share departs incapacitated heirs of the first stage.These provisions are enshrined in the law of succession of the Civil Code.For the suspension of any of the heirs property rights in a particular case, you should take action in advance.
testator has the right to dispose of his property during his lifetime and he belongs to unsubscribe apartment any person.In this case, the inheritance will be announced at will.However, this rule has exceptions.If on the day of the testator's death, he had disabled parents, children or spouse, they are required to receive a share in the inheritance.Moreover, this share will be half of the part that they would inherit under the law in the absence of a will.
However, this provision is one feature - a mandatory share of priority stands out from the rest, is not mentioned in the will of the testator of the property (if any).Thus, in order to deprive the unworthy you think the direct heirs of the right to an apartment is not enough to make a will to another person.It is necessary to exclude the possibility of obtaining a compulsory share in the rights to the said property.To do this, you must remain nezaveschanym part of the property (cash deposits, cars, securities, etc.).In this case, the right to an obligatory share does not spread to the apartment.
When difficulties or impossibility of implementation of such a division of the property, consider alternative design life annuity contract for an apartment with the person you have chosen as heir.This agreement signifies your life content of the rent payer, as you retain the right to live in this apartment.Having rent and receiving a monthly payment, you can be sure that your apartment will not depart unwanted heirs.Since the ownership of the property passes to rentodatelyu the time of registration of the contract.
Another way to deprive the heirs of the rights to the apartment may be the option of selling or giving you the property.Moreover, in order to avoid invalidation of the transaction family after your death, the option of registration of sale is preferable.Since the deed of gift as compensation, is more likely to be contested in court.