Rus News Journal

If the apartment is sold with the tenant registered in it

In your heading («» from March, 3rd of this year) Has read about that can sell the privatised apartment even if the person there is registered. But what probability of sale of apartment on such conditions? At us a situation: the former spouse is registered in apartment where does not live 10 years, and relations with it are not supported.

Nikita.


1. About probability of sale of apartment with someone registered in it. All depends on the buyer. I would not began to buy such apartment, and the majority of our citizens. What for a superfluous headache? But agree, at us meet and ekstremaly.

2. It is necessary to study the status of this registered tenant attentively. It could be registered in apartment at the moment of its privatisation, but refuse participation in it and then with its interests it is necessary to be considered.

And it is quite possible, it has been registered in this apartment already after check in and if it is the former member of a family of the proprietor then the proprietor needs to be converted into court with the claim about eviction of the former member of a family and its removal from the registration account.

if it will not make sobstvennikprodavets the eviction problem will face the buyer. A leah

it is possible, having challenged privatisation, to return itself habitation?

Two years ago our mum privatised apartment on itself, we with the brother then have written refusal on participation in privatisation (though till now are registered there). Now both of us married. Mother does not start up my family in the apartment, and a family of my brother not simply lets in - she has lodged there. A leah I can challenge results of privatisation and seize the part? As far as I know, term of limitation of actions on privatisation makes three years.

Denis.


1. Under the law in case of infringement of the rights of the citizen on privatisation of habitation he can be converted into court. You have exercised the right, when gave the written approval to privatisation of habitation by mother without your participation. If you can prove that at signing of the declaration of abandonment in participation in privatisation have been misled by mother, make the corresponding claim and go to court.

by the way, the fact of check in in this apartment grants to you the residing right in it, the problem consists that such right does not arise at your family.

2. On term of limitation of actions. At the insignificant transaction (not corresponding to requirements of the law or other legal certificates - item 168 GK the Russian Federation) term of limitation of actions makes three years (item 199 GK the Russian Federation). The current of term of limitation of actions under the given requirement begins from the date of when execution of this transaction has begun. In this case at you term of limitation of actions has not expired.

In the relation osporimoj transactions (for example, introduction you in error), term of limitation of actions makes one year. However, it will be counted from that moment when you have learnt that have signed not that paper which wanted.

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