Recognition of ownership of an apartment: a lawsuit

When is it necessary to file a claim for recognition of ownership rights?

The need to confirm ownership in court arises when a person actually owns a home, but for some reason cannot register it. For example, real estate documents were lost. This is especially true for property acquired a long time ago. In this case, evidence of actual ownership will confirm the legitimacy of the claims. If a person cannot provide them, the claim will be denied.

The need to go to court arises when a person has the necessary documents, but he is prevented from exercising his rights or they are challenged.

It may also be necessary to recognize ownership of an apartment in a building under construction or unauthorized construction.

Download a sample statement of claim for recognition of ownership of an apartment (92.1 KiB, 2012 hits)

Claim for recognition of ownership of a part of the house (19.2 KiB, 979 hits)

Filing an application to court

According to the norms of the Code of Civil Procedure of the Russian Federation, only a legally capable person can file a claim. There are two ways to submit an application and attachments to the court.

Methods:

1. Personally. The citizen himself submits a statement of claim with attachments, and it is necessary to record everything in the court office, where the person will be given a certificate of acceptance of the case for consideration, or they will put it on a copy of the claim.
2. Send by mail. It is necessary to send the package of documents by registered mail with notification of receipt by the addressee. Be sure to keep your receipt until this time. If the letter does not reach the addressee, it will be necessary.

Consideration of the issue of initiating proceedings takes place within 5 days from the date of receipt of the statement of claim by the court staff. A date and time for the preliminary hearing are then set.

Related documents

The plaintiff needs to prepare in advance arguments in the case, which will be based on documents. In accordance with the norms of the Code of Civil Procedure of the Russian Federation, each party undertakes to justify the circumstances by which they are guided. Therefore, you need to collect the appropriate database.

In the process of considering a claim where the subject is a real estate object (apartment), you must attach documents and expert assessment findings. The list is regulated by the provisions of Art. 132 Code of Civil Procedure of the Russian Federation.

As judicial practice shows, the list of documents may vary in each specific case. It is necessary to provide all possible evidence that can prove ownership of the property.

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In which court should the claim be filed, and within what time frame?

The judicial system of the Russian Federation is structured in such a way that each judicial institution is endowed with a certain competence. Therefore, the plaintiff needs to determine in advance where he has the right to apply.

Procedural legislation provides two principles that must be followed:

• jurisdiction – the magistrate’s court, where cases involving real estate worth less than 50 thousand rubles are heard;
• district court - provided that the value of the object exceeds the above amount.

According to Art. 30, paragraph 1 of the Code of Civil Procedure of the Russian Federation, the statement of claim and its annexes are filed with the court at the location of the real estate.

In addition, the timing of the acquisition of property must be taken into account. The legislation provides for a period of 3 years from the moment the citizen learned of a violation of rights (Article 196 of the Civil Code of the Russian Federation). Skipping this period does not mean that the citizen does not have the right to go to court. But a refusal may follow if the defendant claims that the statute of limitations has passed.

In the case of an apartment, the period is 15 years, plus 3 years as a general rule. If during the specified time the plaintiff legally owned the property and maintained it properly, then he has a better chance of getting a decision in his favor.

State duty

A mandatory condition for drawing up a statement of claim is the designation of the price in it. This information serves as the basis for determining the amount of the state duty that must be paid at the time of filing the claim.

Calculations will be based on Art. 333.19 part 1 clause 1 of the Tax Code of the Russian Federation, which indicates the interest rate in relation to the total cost of the apartment.

State fee when filing a claim for recognition of property rights.

Details for paying the fee can be found in the court office. In addition, if you already know in which court the case will be heard, you can find out directly on the website.

An online state duty calculator for a court of general jurisdiction will help you calculate the amount.

Filing a claim

In order for the court to accept the claim for consideration, it is necessary to correctly formalize the requirements.

The “header” of the document indicates the name and address of the court, full names and addresses of the parties, and the price of the claim.

In the “body” they write:

• on what basis the right of ownership arose (real estate was purchased, donated, inherited, privatized, etc.);
• reasons preventing the issue from being resolved peacefully;
• assurance that there are no other applicants for the property;
• confirmation of the use of the apartment: length of stay in it, payment of utilities, repairs of the premises, etc.;
• list of attached documents.

At the end they put a date and signature.

In addition to the statement of claim, copies are submitted (one copy each for the parties and for the court). If there are several defendants in the case, you need to prepare your own copy of the claim for each.

Download a sample statement of claim for recognition of ownership of an apartment (92.1 KiB, 2012 hits)

Claim for recognition of ownership of a part of the house (19.2 KiB, 979 hits)

Read: how to find out the cadastral value of an apartment.

Procedure for drawing up a statement of claim

Filing a claim in court requires following the established procedure. The plaintiff can fill out the document independently or with the help of a competent lawyer.

A person faces a difficult choice.

In the first case, you can save a lot of money, but there is no guarantee that there will be no mistakes (which are unacceptable in the legal process). Or use the services by paying money, but initially present everything correctly.

If the advantage is in favor of independent compilation, it is recommended that you first familiarize yourself with the established procedure. The plaintiff must follow the legal form of the document. The finished form can be downloaded on our portal.

Note! A correctly drafted claim increases the chances that the case will have a successful outcome directly for the plaintiff in the initiated legal proceedings.

The statement of claim has the following characteristics:

• includes significant evidence of the plaintiff’s case;
• was compiled on the basis of norms that are regulated by the Code of Civil Procedure of the Russian Federation (Code of Civil Procedure);
• references are provided to specific provisions of laws and documents that prove the applicant is right (directly or indirectly).

Thus, the plaintiff must take into account the legal framework and be based on real facts, which will significantly increase his chances in court. Not every citizen is able to comply with the listed conditions, especially if there is no knowledge of the legal industry. This is the main reason to contact a qualified lawyer.

Document structure

By deciding to fill out the form themselves, citizens undertake to strictly follow the structure. There is a whole range of information that must be present in the statement of claim.

Be guided by Art. 31 Code of Civil Procedure of the Russian Federation :

1. Full name of the judicial institution to which the petition is filed and its address.
2. Information about the interested person (plaintiff): Full name, place of registration. If the application is submitted from an organization, you must indicate its full name and address.
3. Information about the defendant.
4. An accurate description of the dispute on its merits. We need specific facts and arguments.
5. Calculation of the value of the disputed property, which is based on the Tax Code of the Russian Federation (Article 333.19).
6. Data that indicates contacting a notary office before filing a claim in court.
7. List of documents related to the case that are attached to the application.
8. Date of application and signature of the plaintiff.

The plaintiff or his authorized representative can submit documents personally. The second case requires a notarized power of attorney. The statement of claim must also include the signature of an authorized representative.

Who to include as parties to the case

The parties to the case will be the subjects of legal relations interested in the object. The plaintiff will be the person who files the lawsuit in a particular case. The defendant in the case is the subject with whom the dispute is being argued. In the case of recognition of ownership, the defendant will be the person who denies the applicant’s rights to the sports property.

It often happens that the defendant is indicated incorrectly. However, when such an error is discovered, there is no need to file a new claim. The court allows the replacement of the proper defendant. As a result, the case will be reviewed, but from the stage of preparing the court for consideration. The court has the right to replace the defendant on its own initiative, but the plaintiff must agree to this.

In addition to the two specified entities, third parties may also be involved in the dispute. They are indicated in the head of the claim along with the plaintiff and defendant.

Categories of third parties:

• declaring their own claims in a specific case;
• who do not have their own requirements.

They can be included in the process after filing a petition with the court, but this must be done before a court decision is made in the first instance of the case.

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A competent description of the dispute and your arguments

The statement of claim includes two parts, which are reserved for describing the dispute and one’s own arguments - descriptive and motivated. They are important components of the entire process. A competent presentation will help convince the court that the plaintiff is right.

The legislation does not provide for strict procedural requirements for processing information. However, after reading, the court should have an idea of ​​the essence of the case. In addition, it is necessary to immediately make it clear the main purpose of the claim.

The first step is to accurately describe the subject of the claim. It will be property, the right to which is controversial. The plaintiff must state the characteristics of the item in such a way as to individualize it.

In the case of an apartment, you need to indicate:

• specifications;
• address assigned to the object;
• square;
• information from the cadastre.

A particular difficulty in presentation is that it is required to provide references to legal norms. A person who does not have special education may not cover all the regulations and provisions necessary in a particular case.

The plaintiff should substantiate his claims to the disputed real estate, as well as the rules allowing for the restoration of violated rights. You need to be guided by substantive and procedural legislation.

Requirements

The demands made by the plaintiff on the opponent are of significant importance. These will be based on the nature of the subject matter in dispute. Before presenting them, it is necessary to refer to the rules of law that guide the plaintiff when applying to a judicial institution.

Note! Incorrect wording of claims in most cases results in denial of the claim. As a result, the case will be lost.

The plaintiff undertakes to specify his own requirements so that they are clear to the court. If the basis is the recognition of ownership of an apartment, it is necessary to give precise characteristics of the object and ask the court to establish the fact of ownership of the property to third parties.

Sample and application form

A statement of claim is a form of expressing a claim. When drawing up, a number of conditions are taken into account.

Contents of the statement of claim:

1. The total volume of the claim should preferably exceed three pages. However, for particularly complex cases, in the event of a serious complication of the legal position, the size can reach 10-20 pages.
2. It is necessary to strictly follow the established structure.
3. The application must contain only reliable facts of violations and legal provisions that relate to the situation being considered in a particular case.

The statement of claim is submitted in writing and filled out personally by the plaintiff. You can download the finished form directly on our portal. To avoid mistakes when filling it out yourself, you should first familiarize yourself with the sample. It will serve as the basis for further actions.

Required documents

To obtain recognition of ownership, the plaintiff will need to collect the following documents:

• copy of the passport;
• property tax receipts;
• receipts for payment of utilities and other payments related to the property;
• copy of BTI passport;
• documents confirming ownership: purchase and sale agreement, exchange, deed of gift, will, etc. (if available);
• acceptance certificate (if any);
• if the property is privatized - supporting documents;
• other documents that prove the legitimacy of the requirements.

You will also need to pay a fee; without this, the court will refuse to accept the claim. If the case is considered by an arbitration court, the fee is fixed and amounts to 6,000 rubles. In other cases, the amount of payment depends on the value of the property, but not less than 350 rubles. and no more than 600 thousand rubles.

Find out: How to register ownership of a house.

Parties to the case

The parties to such cases are two people. Sometimes the situation requires the involvement of third parties. The plaintiff is the person who writes the statement of claim to the court. The document must include his full personal data, residential address, and place of registration.

The applicant has the right not to take part in the proceedings. He can not only be absent from the meeting, but also entrust his representative with writing a statement of claim. Information about this person is placed in the “header” of the document.

The defendant in such cases is a citizen who does not recognize the plaintiff’s ownership of real estate..

Information about him is also included in the claim. In most cases, the defendant is the state registrar, who refuses to recognize ownership and does not want to issue the appropriate certificate to the plaintiff.

If we are talking about inheritance cases, the defendant is a notary or other person who does not recognize the applicant’s right to real estate. The plaintiff does not always accurately identify the defendant in the case. If this person is selected incorrectly, you will not have to rewrite the application.

It is possible to replace the wrong responder. If there is an inaccuracy with the defendant, the court begins to examine the claim anew, from the phase of considering the merits of the case.

Note! The court has the right to replace the defendant in the claim, but to do this it will need the consent of the plaintiff.

Often third parties are involved in such proceedings. They are involved at the initiative of the plaintiff or the court. Information about these citizens or organizations is also entered in the “header” of the document.

Third parties involved in the proceedings are divided into two groups:

• having the right to put forward their claims in the lawsuit;
• persons who do not have the right to make claims.

The court may involve third parties in the case after the application has been accepted, but not later than the time the court of first instance issues a corresponding decision.

Watch the video. How to recognize ownership:

Procedure for consideration

After receiving the documents, the court sets a date for consideration of the case. The parties are notified of this by summons. During the hearing, the judge considers the parties' arguments. If the plaintiff has title documents in hand, it will be easier to achieve a positive verdict. In the event that they are lost, receipts for payment of utilities, repair work, witness statements, etc. serve as evidence. In this case, the court will make a decision based on the presumption of actual possession.

When confirming the rights to an unauthorized construction, it will be necessary to prove that it complies with technical standards and its construction does not violate the interests of other owners.

Judicial practice shows: if the application is drawn up correctly and the documents are in order, the decision is usually made in favor of the plaintiff. After this, he can contact the BTI and registration authorities to document ownership of the property.

A party not satisfied with the decision may challenge it within 10 days.

We recommend you know: how to register an apartment as property by inheritance.

Consideration of an application by the court and what to do if a refusal is received

The judge who accepted the case for consideration is obliged to study the contents of the application itself, as well as all attachments. If the claim complies with the current norms of legislation - procedural, civil, arbitration, a determination will be made to begin legal proceedings.

The plaintiff will receive a document containing information about the place and date of the meeting. The court has legal grounds to request additional materials on the case from the parties. The list will be indicated directly in the definition.

The judge also has the power to refuse the plaintiff's application.

Reasons for refusal:

• the requirements of the application are not subject to consideration by a court of relevant jurisdiction (for example, an arbitration claim was filed with a district court, which is not within its competence);
• a decision on a specific case has already been made by another authority;
• when a settlement agreement on a specific dispute was previously approved by the court.

If a claim is refused, you cannot appeal to this court again. Then an appeal is filed with the body that made the decision (according to Article 257, paragraph 2 of the Civil Code of the Russian Federation).