President of the notarial chamber of Sevastopol Olga Kalenkovich answered questions from the audience of television program «I have the right»

The host of the program Nikolai Skrebets was also talked at the head of the Sevastopol Notaries Olga Kalenkovich talked about the nuances of inheritance, powers of attorney with the advance and fulfillment of debt obligations.

In the next issues, viewers will hear answers to questions:

• I inherited by the hung and by law, received a certificate of the apartment. Then they sued me to cancel the will, the court of first instance canceled the will, but left me the heir to the law. At that moment, I gave an apartment to my son. The plaintiff filed an appeal and received the right to 1 2 apartments. Only an apartment I have, if I could not make such a decision without checking the presence of an apartment from the defendant. How to behave further?
• By will, the heir is one of the two daughters. The only property owned by the testator of the 4-room apartment owned it and made a will in favor of her daughter, who is now 50 years old. The second daughter is 54 years old, she is the guardian of her son, whose disability was given in his 5 years, now he is a disabled person of the 1st group, he is 30 years old. It has been working for 12 years and before the time of time at harmful work (kindergarten, cleaning lady). The first daughter (testator by will), her daughter and granddaughter of 2 years are registered in the apartment. I do not know if the second daughter is a pensioner at the moment. The first daughter declared the rights by inheritance, but the question is, will this make the second daughter? Tell me what possible rights to this property can it possess?
• Grandma is a citizen of the Russian Federation, lives in Belarus. I am a citizen of Belarus. They issued a power of attorney at me to receive a grandmother’s pension in the Russian Federation at the Consulate of the Russian Federation. In the near future I plan a trip to the Russian Federation, at the same time get its pension. The pension is credited to the account in Sberbank. Please tell me if they will be able to demand a certified copy of the power of attorney from me upon receipt? Will I be able to assure the copy without the presence of the principal directly in Russia, or should I make a copy in Belarus in the presence of the principal?
• I have a question regarding the registration, registration and taxation under a gift agreement. The apartment is now in a common (without determining shares), joint property. A total of 4 owners in close kinship. One of the owners wants to give another of his shares, the rest of the owners agree. Firstly, is it necessary to conclude a deal with a notary (if, be sure to indicate, the pancreas of the law and the article), or is it enough to draw up an agreement and register it yourself? Secondly, which registration authority should be contacted after drawing up and signing the contract. Thirdly, if a share of a close relative is gifted, what tax is taxed. Or are taxes not paid?
• From what moment is the transaction of the sale of real estate (non-residential premises) is considered perfect?
• How to make a deal correctly? I want to sell a land plot with a house, buyers want to buy for a mat. capital. What documents do I need to collect and how will the funds of maternity capital come to me? before the transfer of ownership to customers or after that, what are the risks?
• I am the owner, the property of 2/3 of the apartments. Question: Can I sell it if the second owner of a minor (1/3) apartment is owned. Or wait for his age?
• There were 2 participants in the LLC. Husband and wife. With shares 50×50. The husband died in 2015. The wife inherited the whole inheritance, forgot about her husband’s share. In 2018, she turned to a notary public to receive a share of LLC. The notary (verbally) refused this, since the unreliable address of the LLC was listed in the Unified State Register of Legal Entities. To change the address and the charter (it indicates the old inaccurate address), you need the decision of the participants, which is made by a majority of votes, and the authorities of the director were baked. How can the protocol be made so that the remaining participant can re -elect the director for a new term and change the charter? How are such events such as receiving an inheritance and an inaccurate address in an extract from the Unified State Register of Legal Entities?
• My spouse and I entered into a gift agreement purchased during the marriage of the apartment. The subject of the contract states that the spouse passes the dwelling as a gift to his wife. I do not share in the common property of spouses, but all living space. Registration of the contract in the Rosreestr is suspended. Reason: the spouses changed the procedure enshrined by law of common joint property, thus the contract contains elements of a marriage contract that is subject to notarization. Soon the husband dies. Two heirs: I (spouse) and my husband’s son from the first marriage, we will inherit by law, since there is no will. The questions are as follows: 1. Is it possible to recognize this gift agreement by prisoners, thereby excluding it from the hereditary mass? 2. When is it better to file a lawsuit in court on the recognition of the contract to the concluded: before the expiration of 6 months for the acceptance of the inheritance or after the certificate of the right to inheritance is issued?
• If I have not been scheduled with a civil husband, is a written refusal needed from him if I want to sell the apartment purchased for maternity capital, but he issued the establishment of paternity for children and the surname of his children?
• The inheritance was divided by court. My mother belongs to the pensioner 7/8 of the house and 8 acres of the land of 9. Another heiress belongs to 1/8 of the house (13% of the total area) and 1 hundred lands of 9. The heiress sells her share, but for an amount twice the cadastral value of the share. Is it possible to force her to sell her a share of my mother at the cadastral value?
• After the death of her grandmother, the mother was supposed to enter into an inheritance, but no one who was not known until then, grandmother’s granddaughter, from her mother’s long -dead brother, i.e. As if she was a legal heiress and also claims to be a house remaining after her grandmother. She did not submit the necessary documents in time and her mother inherited alone and sold the house. Now this “granddaughter” filed a lawsuit against his mother that the house was sold too cheap. The question is, can the court recognize the sales transaction illegal and what to do in order to get this “granddaughter” to a minimum?

Source: notarial chamber of the city of Sevastopol