The decree of the guardianship authorities for the sale of an apartment is necessary if the owners or co-owners of the apartment are minors, incapacitated or partially capable citizens (Article 28, 29, 26, 30 of the Civil Code of the Russian Federation). To obtain this document, you must notify the guardianship authorities of the sale in writing and submit a number of documents provided for by law.
It is necessary
- - application to the guardianship and trusteeship authorities;
- - passport;
- - documents for the apartment for sale;
- - documents for the provided housing;
- - bank documents, if funds have been deposited into the account of the persons under guardianship.
Instructions
Step 1
If you are selling an apartment that is owned by minors, disabled or disabled persons, or these persons have the right to own a share in the apartment, contact the guardianship and trusteeship authorities of your area. Submit written notice to sell your home.
Step 2
Submit to the guardianship authorities a certificate of ownership of the apartment being sold and its photocopy, your passport. You will be allowed to sell an apartment only if you provide minors, incapacitated or handicapped owners with an equivalent living space in ownership, which will be no worse than their share in the apartment being sold. Registering these persons with relatives or acquaintances is not a sufficient measure for you to be issued a resolution, since you will be asked to present a certificate of ownership in the name of minors, incapacitated or disabled persons.
Step 3
In some cases, you will be able to obtain an order from the guardianship and guardianship authorities without providing the property of an equivalent living space. These cases include: placement of a minor, incapacitated or handicapped owner of an apartment for state maintenance and support, for example, in a baby, child's home, in a home for the disabled or elderly.
Step 4
If a person was placed on state maintenance, then you must open an account in his name, put on him an equivalent amount of the cost of the apartment or its share and submit bank documents to the guardianship authorities. That is, you are obliged to deposit funds into the account before making a purchase and sale transaction.
Step 5
If you have not notified the guardianship and trusteeship authorities about the sale of housing, the owners or co-owners of which are the guardians, then the parents or legal representatives can go to court and declare the transaction illegal, and the rights of the guardians violated (Articles 2965, 3075 of the Civil Code of the Russian Federation).
