REGISTRATION OF THE OWNER’S OWNERSHIP IN THE EVENT OF LOSS OF THE AUTHORIZING DOCUMENT?

In the absence of state registration of ownership of real estate of the heir, the heir has the right, in accordance with paragraph 66 of the Procedure of state registration of real rights to real estate and their encumbrances, approved by the Cabinet of Ministers of Ukraine Decree No. 1127 of December 25, 2015 (as amended) to the subject of the state registration of rights or the state registrar of real estate rights with a statement on state registration of the property of the heir, which was acquired last in life.

Paragraph 66 of the Procedure for State Registration of Real Property Rights and their encumbrances stipulates that for the state registration of property rights on the basis of the declarations of the heir:

the documents required for the respective registration, provided for in Article 27 of the Law of Ukraine “On State Registration of Real Property Rights and Burdens” and the Procedure for State Registration of Real Estate Rights and Burdens, which confirm the acquisition by the heir of the ownership of the real estate;
excerpt from the Inheritance Register on the presence of a hereditary case;
a document containing information about the composition of the heirs, issued by a notary or authorized by a local government authority, who initiated the respective hereditary case.
The state registration of the property right on the basis of the statement of the heir is carried out by entering in the State Register of information about the subject of the property right - the heir with the obligatory indication of the death information of such person.

Where real estate is located within several territories - the Autonomous Republic of Crimea, oblasts, Kyiv or Sevastopol, state registration of rights shall be carried out within one territory selected by the applicant.

In case of loss, damage or corruption of the document proving the ownership of the heir to the real estate, the heir receives a duplicate of the necessary document for registration of his or her hereditary rights. Based on the received copy of the lost, damaged or corrupted copy of the document on ownership of real estate, subject to the other requirements of paragraph 66 of the Procedure for state registration of real property rights and their encumbrances, it is possible to register the ownership of the heir upon the statement of the heir.

Paragraph 53 of the Procedure for State Registration of Real Property Rights and their encumbrances establishes a list of documents submitted for state registration of property rights and other real rights to the land plot, the ownership rights to the real estate object, which were registered before January 1, 2013, respectively. to the legislation in force at the time of their occurrence, in connection with the loss, damage or corruption of the relevant state act on the right of ownership or permanent use of the land plot, the certificate of ownership real property, such as the following:

1) a copy of a copy of a lost, damaged or corrupted state act, a certificate of ownership of real estate;

2) announcement of the loss of a document in the print media of the national distribution area or local or regional distribution area by location of real estate, which must indicate the name of the document, its number and date of issue, in whose name it was issued by which authority (except document damage or corruption).

The state registration of rights in the case provided for in this paragraph shall be carried out only on condition that the state registrar establishes the existence of the registered real rights in the information systems, the state registration of the rights in which was carried out before January 1, 2013, or on paper carriers of information kept by the enterprises of the technical inventory office .

According to Article 10 of the Law of Ukraine “On State Registration of Property Rights to Real Estate and their encumbrances”, the State Registrar is:

1) a citizen of Ukraine who has a higher education in the specialty of law, meets the qualification requirements established by the Ministry of Justice of Ukraine, and is in labor relations with the subject of state registration of rights;

2) a notary public;

3) state bailiff, private bailiff - in case of state registration of encumbrances imposed during enforcement of decisions in accordance with the law, as well as in case of state registration of termination of mortgage in connection with the acquisition (transfer) as a result of public auctions (auctions) of real estate which is the subject of a mortgage.