Is a municipal apartment inheritable? Who has the right to inherit a non-privatized apartment by law? Who can't inherit

Inheritance of a non-privatized apartment is the right of a certain category of heirs who have a legal basis for this.

The Civil Code of the Russian Federation clearly states the list of citizens and the rules for the transfer of non-privatized property into the hands of heirs.

Let us pay attention to the following features of registration of a non-privatized apartment by right of inheritance, which have a legal basis for 2019:

Who can inherit a non-privatized apartment?
How to register an inheritance after the death of the testator?
Is it possible to bequeath or sign a deed of gift for a non-privatized apartment?

Grounds for inheriting non-privatized property

In law persons who are direct heirs can inherit a non-privatized apartment. The Civil Code of the Russian Federation states that only an heir can participate in the registration of a non-privatized apartment for inheritance. To complete this procedure, it is necessary to take the following steps even before the death of the tenant:

An application for privatization of a residential apartment must be submitted to the registration department.
The citizen (employer) must complete all necessary documents to complete the privatization process.
The registration department should not have an application to revoke the privatization of property.

If all the above conditions have been met, then, in accordance with the Resolution of the Plenum of the Supreme Court of August 24, 1993 No. 8, the heirs have the full right to apply for inheritance of non-privatized property after the death of the owner-tenant.

When considering the case, it will be taken into account that the testator submitted all the necessary documents, but did not have time to formalize the privatization before his death and did not receive the residential premises as personal property according to the law.

Sequence of actions after the death of the owner

Based on Article 672 of the Civil Code of the Russian Federation, heirs have the right to remain living in a non-privatized apartment after the death of the owner-tenant, provided that they previously lived together. At the same time, every relative has the right to conclude an agreement to rent a non-privatized apartment. To do this, he should contact the housing fund.

The legal heir of a deceased citizen-tenant may be a full-fledged person to enter into an agreement for a non-privatized apartment in order to retain the right to continue living in it.

After concluding an agreement on the basis of Law No. 1541-1 of 04/04/1991, the official tenant has the right of inheritance and begin the process of privatization of the registered property. In this regard, it is necessary to discuss in advance who will have the right to register their housing.

Lack of inheritance rights

Property that was left after the death of the owner can be privatized on the basis of a social tenancy agreement, and not on the right of inheritance.

It should be noted that the right to conclude an agreement on the continuation of social rent in the housing department has a citizen who lived with the owner until his death.

Other heirs do not have this right and cannot inherit a non-privatized apartment.

What is not subject to privatization?

The law of the Russian Federation specifies a list of housing that is not subject to privatization and cannot become the property of the tenant:

Accommodation premises located in an official institution.
Housing provided in a closed military camp.
Rooms in dormitory-type houses.
The apartments are in obvious disrepair.

The importance of apartment privatization for heirs

To begin with, it is worth noting that during the privatization of property, the state transfers it to the full disposal of the citizen. It happens that during his lifetime the heir did not have time or was unable to privatize the apartment, this subsequently leads to legal proceedings.

Any real estate in the form of an apartment, garage, land plot and residential premises can become the property of a citizen only after the official execution of documents in which ownership rights will be registered.

If the privatization procedure did not occur during the citizen’s life, then subsequently the heirs may encounter a number of problems when re-registering the apartment as their property.

In a situation where the heir dies and the privatization procedure is not completely completed, the apartment remains the property of the state or the city council, with which an agreement was once concluded on the social rental of the premises where the tenant lived. In such circumstances, a citizen cannot become the official owner, but only a tenant of the apartment.

Stages of registration of non-privatized property

Let's look at how to inherit a non-privatized apartment. This procedure includes three main steps:

Filling out an application.
Collection of documents for privatization.
Review and privatization of property.

Application Form

After the death of the owner-tenant, the heirs you must contact the registration department in the area where the apartment is located in order to begin the procedure for re-registering the rental agreement and further privatization of the property.

At the registration department, the relative of the deceased will need to fill out a corresponding application, to which documents will be attached confirming the citizen’s right to a non-privatized apartment.

Collection of documents for privatization

Before starting the privatization procedure, the citizen-heir should collect a certain list of documents:

Passport.
Application submitted to the registration department.
A special document taken from the BTI.
A housing warrant has been issued.
A concluded social tenancy agreement, which must be in the name of the heir.
A certificate from the house register, which lists all family members living in the rented premises.
A power of attorney issued by a notary to a citizen who acts as a representative of the heir in a social rental agreement.

Review and privatization of property

The heir transfers the package of documents to the registration department, where the citizen’s right to privatize the property will be considered. Law enforcement agencies will verify the accuracy of the submitted papers through requests to the relevant government departments.

If no controversial issues arise, the registration department calls the heir to draw up an agreement for the privatization of the apartment and transfer it into personal ownership.

After drawing up and officially registering the agreement, the applicant citizen takes legal possession of the property. After this, all data is entered into the Unified Register, and the apartment is the full possession of the heir.

It follows from this that a citizen who lived together with the owner of the property can begin to draw up documents for the privatization of an apartment after the death of the owner. Before completing all documents for privatization, the heir will need to register a social tenancy agreement in his name. After this, he can submit documents to the authorities for the successful privatization of the inherited property.

Is it possible to draw up a will for a non-privatized apartment?

Is it possible to bequeath a non-privatized apartment? Yes, you can draw up a will for inherited property not only for the property at the disposal of the testator at the time of drawing up the document, but also for a non-privatized apartment that the heir may receive in the future.

When drawing up a will, the testator can generally bequeath all property (privatized and non-privatized), without specifically indicating each property separately.

When drawing up such a document, the legal capacity of the owner plays an important role; he must be of sound mind and absolutely capable.

In the process of privatization of real estate, the owner has the right to draw up a will, according to which, if at the time of death the apartment has not yet been privatized, then this right is transferred to the designated heir.

Guided by the third part of the Civil Code of the Russian Federation, Chapter 62, in the presence of a will, the transfer of property will be carried out according to the will of the owner-tenant. Thus, non-privatized property is inherited by a citizen, who can subsequently privatize it.

An exception to this resolution are heirs at law who have an obligatory share in the inheritance.

Is it possible to issue a deed of gift for non-privatized property?

A deed of gift differs significantly from a will, although it is a way of transferring property into ownership. While a non-privatized apartment can be bequeathed, it is impossible to donate this type of real estate.

A deed of gift can only be issued for the officially registered property of the heir..

Is it possible to donate a non-privatized apartment? The answer is clear - no. In this regard, the owner-tenant must privatize the residential premises and only after that begin the process of registering the donation of the property.

If the apartment is not privatized: who has the right to inheritance?

After all, not everyone can claim to inherit a non-privatized apartment, because... its owner is the state or municipality.

The resident essentially acts as an employer, This is evidenced by the social rental agreement concluded with the housing stock.

The legislation considers two ways of inheriting a municipal apartment:

In law. If the owner has already submitted an application for the transfer of housing into private ownership and died within two months from that moment, without waiting for a decision, relatives living with him and appearing in the social tenancy agreement have the right to inherit the right to own the living space by re-registering the social tenancy agreement, and then complete the privatization procedure.
Any adult relative can act as a new employer. An important condition for inheriting a non-privatized apartment by law is the absence of withdrawal of the application for privatization on behalf of the deceased.
According to the will. When making a will, a citizen can mention an apartment among other real estate or as an independent object, and along with it the right to privatize housing will pass to the new owner.
However, at the same time Infringement of the rights of direct heirs is prohibited, registered in the apartment. Even if they are not mentioned in the will, the law provides them with a guaranteed half of their share.

Attention! In this case, relatives are understood as direct heirs: first-priority spouses, children and parents, and in their absence, heirs of subsequent orders.

Moreover, natural and adopted children, as well as an unborn child, have the same rights.

The law allows potential heirs to continue the privatization procedure begun by the deceased even if they do not have registration in the specified apartment. However, in practice, such issues are usually resolved in court due to the disagreement of municipal authorities.

What to do after the death of a citizen?

First of all, for everyone who wants to inherit a non-privatized apartment, it is worth agreeing among ourselves on the candidacy of a successor, who will enter into the rental agreement.

The next stage should be privatization itself, which the new employer can carry out in accordance with the Law “On the Privatization of Housing Stock” dated April 4, 1991.

Who can't get housing?

As mentioned above, persons who are not direct heirs, as well as those who did not legally reside in this apartment, cannot apply for an apartment.

Besides, Art. 1117 of the Civil Code of the Russian Federation introduces the concept of unworthy heirs, and denies them the right to inheritance. These include:

parents deprived of parental rights;
citizens who have committed or attempted to commit a deliberate crime against the testator or members of his family;
persons who deliberately violate the will of the deceased as expressed in the will.

Step-by-step instructions: how to enter into an inheritance if the apartment is not privatized

Attention! There are residential real estate properties that cannot be transferred into private ownership.

These include housing located on the territory of closed military camps; emergency housing; dorm rooms; living space in service organizations.

As for expenses, citizens living in an apartment legally are exempt from paying state duty when entering into an inheritance.

Inheritance of a municipal apartment in the absence of registration

The situation becomes significantly more complicated if the person living with the deceased was not officially registered in the apartment.

In this case, the return of the property to the owner - the state or municipality - is almost inevitable.

Especially if there is no intention of the deceased to privatize housing, expressed by him during his lifetime within the time limits specified by law and recorded in the registration department.

It may be necessary to provide evidence of actual residence in the specified apartment, a certificate confirming the relationship with the deceased, and other documents at the request of the authorized organization.

Such precedents are quite rare. Therefore, it makes sense to take care in advance that the data of potential heirs is reflected in the social tenancy agreement.

Conclusion

The loss of a loved one is a huge grief and a powerful stress-forming factor. In such a situation, few people retain the presence of mind and the ability to productively engage in routine activities.

However, there are problems that can have far-reaching negative consequences if they are not addressed in a timely manner. One of these problems that requires a quick response and a sufficient level of legal literacy is the inheritance of a municipal apartment.

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Do I have the right to inherit a non-privatized apartment?

The father lives in a non-privatized apartment. I live with my mother in another house with registration. Will I inherit my father's home? Or is it necessary to privatize the apartment?

After concluding a social tenancy agreement, the citizen is given the right to lifelong use of the apartment (subject to compliance with the clauses of the agreement and Article 83 of the Housing Code of the Russian Federation). In light of this, the death of an employer often causes confusion for his relatives and loved ones. Potential heirs are often interested in whether it is possible to receive a non-privatized apartment through universal succession, or whether the agreement will lose its force immediately after the death of the tenant. A comprehensive answer to this and other important questions is contained in the provisions of the Civil and Housing Code of the Russian Federation.

Is it possible to bequeath and transfer a non-privatized apartment?

The possible composition of the inheritance is established by Art. 1112 of the Civil Code of the Russian Federation - this can be any property that the testator owned at the time of his death. And on this basis, a non-privatized apartment is not included in the inheritance mass. Its owner is the state or municipal housing stock, and the deceased acted only as a tenant.

The death of the tenant entails the termination of the tenancy agreement only if he lived alone. In other cases, the right to continue it is transferred to a separate category of persons.

However, it is still possible to make a will for non-privatized housing. True, in order for it to actually be received by the appointed heirs, the testator must have time to register ownership of the apartment and receive title documents for it during his lifetime. In this case, the act of unilateral will should indicate the order for the transfer of living space and its exact description (address, number of rooms and other important information) or simply bequeath all present and future property to a specific heir.

Who is the heir if the apartment is not privatized

The successors of a non-privatized apartment are determined only conditionally, since a thing that is not registered as personal property is not subject to inheritance.

By will

The circle of a non-privatized apartment according to the will is not limited to a certain category of persons. The future owner of the property has the right to dispose of it freely, at his own discretion, appointing heirs, testamentary refusal, or simply depriving the heirs of the rights to housing by law.

In other words, the heirs of non-privatized real estate under a will can be:

individuals, regardless of citizenship, age and relationship;
legal entities existing at the time of opening of the inheritance;
Russian Federation, its territorial units, foreign state;
international organizations.

All of the above applies only to the preparation of a will. That is, you can bequeath a non-privatized apartment, but you cannot receive it through succession. How this is applied in practice can be seen in the following example.

Example. Citizen Samsonov V.I. was the tenant of a state two-room apartment. In the near future, he planned to privatize the living space, but decided not to wait for it to become a property and bequeath it to his grandson now. To do this, he went to a notary and certified his posthumous orders for the transfer of the apartment by inheritance. Next, he privatized the housing and after his death it passed to the heir appointed by him in the order of universal succession.

The outcome could have been completely different if the testator had not managed to complete the privatization of the apartment. In this case, after his death, the will loses legal force due to the absence of inherited property (in fact, non-privatized living space is not an inheritance).

By law (without a will)

Potential heirs by law are determined by Ch. 63 Civil Code of the Russian Federation.

They could be:

first of all - parents, children, spouse, grandchildren by right of representation;
in the second - grandfathers, grandmothers, brothers, sisters, nephews by right of representation;
in the third - aunts and uncles, cousins by right of representation;
in the fourth - great-grandparents;
in the fifth - children of nephews, great-aunts and grandfathers;
in the sixth - great-cousins, nephews, uncles and aunts;
in the seventh - stepsons, stepdaughters, stepfather, stepmother.

But the inheritance rights of legitimate applicants are relevant only in relation to a temporarily non-privatized apartment, which will subsequently be registered by the testator as the property. As already mentioned, non-privatized real estate cannot be inherited for any of the possible reasons.

Example. The tenant of the municipal housing had two legal heirs - a brother and a sister. They lived separately and were not mentioned in the rental agreement. After the death of the tenant, it turned out that the apartment was never privatized, and therefore the successors by law could not receive it. The tenancy agreement was terminated due to the death of the only tenant.

If the testator did not manage to privatize the apartment

If the tenant died without registering the living space in his own name, then the law established by Section V of the Civil Code of the Russian Federation is invalid. The composition and rights of the group of possible heirs are determined by Art. 69 and 70 Housing Code of the Russian Federation

According to these resolutions, the category of future owners of a non-privatized apartment can include persons moved in by the tenant and members of his family. They have equal rights to use and subsequent privatization of housing.

However, such a circumstance has legal significance only if there is an appropriate entry in the lease agreement. Making a record of the move-in of new persons (to give them the right to a share of the apartment after privatization) is made on the basis of written permission from:

already registered family members - to move in father, mother, spouse, adult children;
family members and the landlord - to include other relatives and dependents in the family;
courts - to enter into the contract records of the residence of other citizens.

A family member of the tenant retains the right to use a non-privatized apartment even after the termination of relations with him, for example, after the divorce, subject to continued residence in this living space.

The reasons for disagreement with the move-in of new residents by already registered persons may be recognized by the court as insignificant. The court can also challenge the landlord's ban. It should be taken into account that the outcome of a court decision to challenge or establish the fact of moving into a non-privatized apartment as a family member will depend on the following factors:

Joint management of the household with the employer (the presence of a common budget, property, expenses for the purchase of food).
Time spent in the living space.
Availability of rights to other housing.
The content of the expression of will of the remaining family members in this regard.

The consent of the landlord and other citizens living in the apartment is not required when moving in a minor child of any of the residents.

Grounds for inheriting non-privatized property

In accordance with the above, we can draw an unambiguous conclusion: there are no grounds for inheriting non-privatized property either by law or by will.

The Civil and Housing Codes do not mention such a possibility, but quite the opposite - they clearly indicate the legality of inheriting exclusively personal property. While non-privatized is the property of the state (municipal entity or other territorial unit of the Russian Federation).

How to inherit a non-privatized apartment

After the death of the employer, the social tenancy agreement requires re-conclusion. This right is transferred to one of the family members of the deceased with the consent of the remaining residents. If a general agreement has not been reached, all family members will act as co-tenants.

Procedure

To re-register a non-privatized apartment, the future tenant:

Obtains the consent of the other residents of the apartment.
Contact the territorial department of the Department of Housing Policy and Housing Fund.
Concludes a social rental agreement.

The tenant is chosen unanimously by all registered residents of the non-privatized living space. Their consent must be official and expressed in the form of:

Signatures under the application for concluding a rental agreement, delivered during a personal visit to the housing stock.
A notarized application that can be submitted to the authorized body in the absence of residents.

In case of disagreement between the persons registered in the housing space, the re-registration agreement is concluded between all of them, as a result of which the residents become co-tenants.

To renew the contract, the new tenant (co-tenants) must come to the housing fund with a corresponding application and a list of documents. Based on this, with the help of an authorized specialist of the body, the re-registration of municipal living space is carried out.

In the rental agreement, the employer will need to provide the following information:

your last name, first name and patronymic;
series and number of the passport of a citizen of the Russian Federation;
residential address;
the number of rooms in the apartment, their total footage and living space.

After the renegotiation, the new tenant will need to come to the housing maintenance department with a copy of the agreement to change the data in their personal accounts.

Statement

An application for concluding a social tenancy agreement for another tenant (tenants) of a non-privatized apartment is submitted via a PC or by hand. When choosing the latter option, it is important to ensure that the document is readable (write in neat, legible handwriting, avoid corrections and blots).

Name of the authorized body (local government body, housing department department).
Full name, address, telephone number of the applicant.
Apartment address.
An indication of the previous contract and the reason for its re-conclusion (death of the employer).
A list of persons registered in this living space, indicating their full name, date of birth and the presence of family ties with the applicant.
List of documents attached to the application.

Documentation

To renew a contract by a local government body or housing fund, the following documents are required:

Passports of all family members registered in this living space.
Tenancy agreement with the deceased tenant and his death certificate.
Extract from the house register.
Certificate of deregistration of the deceased.

All new family members must participate in the re-registration procedure. If for any reason this is not possible, they are allowed to give written consent certified by a notary.

How to inherit a non-privatized apartment under a will

If the testator managed to privatize state (municipal) living space before the opening of the inheritance, the heirs indicated in the will have the right to proceed with its registration.

Procedure

To receive an inheritance, the successor under the will must complete the following action plan:

Obtain a death certificate of the testator.
Find the will.
Prepare other necessary documents.
Appear before the notary.
Write an application for acceptance of inheritance.

You can accept inherited living space without going to a notary - in fact. This method of succession involves performing the usual actions for the owner of an apartment: living in it, maintaining it at his own expense, caring for it, paying off debts on utility bills, protecting it from attacks by third parties.

However, the actual heir will not be able to register ownership rights to real estate - to carry out state registration, you need a certificate of the right to inheritance, which is issued exclusively by a notary.

Procedure of inheritance, registration

First of all, the successor must obtain a documentary basis for opening an inheritance - a death certificate of the owner of the apartment. It is issued by the territorial civil registry office at the place of death of the testator.

The document can be drawn up on the basis of a medical report on the death of a citizen or a corresponding court decision. And it is issued only to a relative or family member of the deceased. But if the heir under the will is not a relative or spouse, he has the right to receive a duplicate certificate based on the will of the deceased, which indicates him as a legal successor.

You can find a will in two ways: by independently searching for a copy of the testator or by contacting a notary for information about the presence and location of the act of expression of will.

In the first case, the relatives of the deceased examine his personal belongings and other places where, in their opinion, the will may be kept. In case of failure, you can contact the executor (if he was appointed by the testator) or another trustee of the deceased - perhaps they are aware of the place where the will is kept.

If the first search option does not produce a result, the heir has the right to submit a corresponding request to the notary chamber or any existing notary, who will inform the potential successor about the existence of the will and the notary holding it.

The selected authorized person must meet two mandatory criteria - have a license and be assigned to the territory of the last registration of the testator.

Statement

As for the application, its legal successor can write it either directly in front of a notary, or independently (with the help of a lawyer).

At the same time, it is important to note one significant feature: if the heir declares acceptance of the inheritance, he officially consolidates his inheritance right and nothing more. He will not be able to register the accepted apartment with the state registration authority. To do this, you will need to provide a certificate of inheritance. And this document is issued on the basis of an application with a corresponding request (it can be submitted later or simultaneously with the acceptance of inheritance rights).

If the successor wants to receive a certificate of the right to inherit an apartment without delay (after six months from the date of death of the testator), it is recommended to write an application “to accept the inheritance and issue a certificate of the right to inheritance.”

Documentation

To register an inheritance under a will, a notary will require the following documents:

Identity card of the heir.
Will.
Death certificate of the testator.
Certificate of removal of the deceased from the place of his last registration.
Acts of title for the apartment (in this case - a privatization agreement, an extract from the Unified State Register of Real Estate).
A report from an independent expert organization on the appraised value of an apartment or an extract on the cadastral value of a property from the Rosreestr office.

Following actions

A change in the social tenancy agreement is the basis for using the apartment under the same conditions as before the death of the previous tenant. But if the residents wish, the living space can be privatized, making it the property of one or more residents. In the latter case, the apartment passes to the new owners as joint ownership in equal shares, which they can subsequently allocate and register in their name with the state registration authorities.

The privatization procedure is also carried out in the housing stock, with the application and consent of future owners, including minors. At the same time, the contract must include persons under the age of 18, provided they live in the apartment being registered.

If the right to use residential premises belongs exclusively to minors, its privatization is carried out after an application (for children under 14 years of age) or permission to apply (for children from 14 to 18 years of age) from the legal representatives of the future owners, as well as the guardianship and trusteeship authorities.

For privatization, applicants will need to provide the owner with a package of documents for the living space (plan and explication from the BTI, data on housing and communal services payments for the last three months, passports and birth certificates of all residents, a current lease agreement, etc.) and wait for the decision of the housing fund in within two months.

Is it possible to issue a deed of gift for a non-privatized apartment?

The grounds for transferring rights to property by inheritance and gift are identical - in both cases, the object of transfer must be the property of one of the parties to the transaction.

In other words, the act of donating someone else’s living space is impossible, just like inheritance. A non-privatized apartment, by law, does not belong to the tenant. It is the property of the state.

The inheritance of a non-privatized apartment has a rather specific procedure, which is not typical for the transfer of officially registered property. But it is possible to obtain ownership of the premises. But for this, the applicant will need to go through a complex multi-stage procedure with many nuances that are not noticeable at first glance. In addition, incomplete knowledge of the legislation can bring annoying consequences that will be impossible to correct.