The ownership of real estate is granted to citizens in the manner prescribed by law. For example, as a result of a sale and purchase, inheritance, participation in shared construction, etc. To register ownership, a citizen must submit documents of title to the Rosreestr authorities. If they are absent, they can be replaced by a positive court decision.
How to file a claim for recognition of ownership
In accordance with the tribal and territorial jurisdiction, such a claim is filed in court at the place where the property is located, as follows from the rules of exclusive jurisdiction, Art. 30 of the Civil Procedure Code of the Russian Federation. The rules for filing claims are set out in Article 131 of the Code of Civil Procedure of the Russian Federation.
You can write a statement of claim in any form, indicating in its address part the name of the court (district court), your full passport data and information about the place of permanent residence, passport data of the defendant and information about his place of residence.
In the text of the statement of claim, you need to briefly state the essence of the issue or indicate what is the threat of violation or violation of your ownership of this property. In the text, you also need to describe the circumstances that forced you to go to court with a statement of claim, and provide evidence that would confirm everything stated.
In the final part, after the word "Please", state your request with the postal address of the property, and then provide a list of all the documents that you submit for consideration by the court. Naturally, the most compelling argument in support of your claim for the recognition of ownership will be the documents and testimonies of witnesses attached to the claim.
Since situations can be very different, you will not find a specific list of attached documents anywhere, but in this case you should still consult with a professional lawyer to determine what you can appeal to to prove your case. In addition to these documents, in accordance with Article 132 of the Code of Civil Procedure of the Russian Federation, copies of the statement of claim must be attached to the statement of claim according to the number of defendants and third parties, as well as a copy of the payment document confirming the payment of the state duty.
How is the state fee calculated
The state fee, without payment of which your claim simply will not be accepted, does not have a fixed value. It is determined in each specific case based on the inventory estimate of the property, which is calculated by the staff of the Bureau of Technical Inventory.
The amount of the state duty is limited to 60 thousand rubles, and it is calculated as 13, 2 thousand rubles. plus 0.5% of the difference between the appraised value of real estate and 1 million rubles. That is, if the cost is less than 1 million rubles, you need to pay 13, 2 thousand rubles to the budget
