Decree of the bodies of trusteeship for the sale of an apartmentIt is necessary if the owners or co-owners of the apartment are minors, incompetent or severely able citizens (Article 28, 29, 26, 30 of the Civil Code of the Russian Federation).
In order to receive the specified document, the guardianship authorities must be notified in writing about the sale and submit a number of documents stipulated by law.
You will need
- - application to the guardianship and trusteeship authorities -
- - passport-
- - Documents for the apartment being sold-
- - documents for housing provided-
- - bank documents, if money has been paid to the account of the persons under guardianship.
If you sell an apartment that is inProperty of minors, incompetent or severely able persons, or the said persons have the right to own a share in the apartment, contact the guardianship and trusteeship authorities of their district. Give written notice of the sale of housing.
Present to the guardianship authority a certificate ofOwnership of the apartment being sold and its photocopy, your passport. To sell an apartment you will be allowed only if you provide an underage, incompetent or limited able owners with an equivalent living space in a property that will be no worse than their share in the sold apartment. Prescribing these persons to relatives or acquaintances is not enough to give you a ruling, since you will be asked to present a certificate of ownership to the name of minors, incompetent or severely able persons.
In some cases, you can getThe decision of the guardianship and trusteeship bodies without the provision of equivalent housing in the property. These cases include: placing a minor, incompetent or limitedly capable apartment owner for state maintenance and providing, for example, a baby, a child, a home for the disabled or the elderly.
If a person is placed on the stateContent, then you must open an account in his name, put on it an equivalent amount of the value of the apartment or its share and submit bank documents to the guardianship authorities. That is, you place cash on the account before you complete the sale and purchase transaction.
If you have not notified the guardianship authorities andCustody of the sale of housing, the owners or co-owners of which are custodians, then parents or legal representatives can apply to the court and recognize the transaction as illegal, and the rights of the persons being guarded are violated (Article 2965, 3075 of the Civil Code of the Russian Federation).