When inheriting property, it becomes necessary to divide and sell it. There are a number of rules that govern the inheritance and sale of common property. In particular, we are talking about the right of pre-emptive redemption.
It is necessary
- - certificate of the right to inheritance;
- - a document confirming ownership;
- - written notice to other owners of the sale.
Instructions
Step 1
When drawing up a will, the owner of the property independently and of his own free will distributes it among his heirs. When the owner of the property dies without leaving a will, his inheritance passes into the common shared ownership of the heirs according to the order of priority. They must exercise their right of inheritance within 6 months, otherwise they will be forced to challenge their right to property in court.
Step 2
The division of property can be carried out by agreement of the parties or in court. After the completion of the division, the heir has the right to sell his part of the inheritance or dispose of it at his own discretion. After receiving the property by inheritance, first issue a certificate of the right to inheritance, and then rewrite the inherited property in your name in the department of the Federal Registration Service.
Step 3
If you have a desire to sell your share of the inheritance, you should know that the owner of the second share of the property has the right to pre-empt it. For example, if you and your brother inherited a two-room apartment, then the brother has the preemptive right to purchase this apartment.
Step 4
If you want to sell your share in the inherited property, first inform the owner of the second share of the inheritance. And do it in writing, indicating the price and other terms of sale. If he refuses to buy, fixing this in writing, or does not acquire the share to be sold within a month from the date of receiving the notice of the sale, you can sell your share to a third party. In case of violation of the right of pre-emptive redemption, the second owner of the common property may, within three months, demand in court the transfer of the buyer's rights and obligations to it.
Step 5
However, the right of pre-emptive redemption applies to indivisible property. If there is a technical possibility to allocate a share in kind (for example, to allocate a part of the land), then the consent of other owners is not required when selling.
