Фото: REGISTRATION OF THE PROPERTY RIGHT OF THE TESTATOR IN CASE OF LOSS OF THE TITLE DEED

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REGISTRATION OF THE PROPERTY RIGHT OF THE TESTATOR IN CASE OF LOSS OF THE TITLE DEED

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In the absence of state registration of ownership of real estate of the testator, the heir has the right, in accordance with clause 66 of the Procedure for state registration of rights to real estate and their encumbrances, approved by the Resolution of the Cabinet of Ministers of Ukraine dated December 25, 2015 No. 1127 (as amended), to apply to the subject of state registration of rights or the state registrar of rights to real estate with an application for state registration of the property right of the testator, was acquired recently during his lifetime.

According to article 10 of the Law of Ukraine "On state registration of rights to real estate and their encumbrances", the state registrar is:

1) a citizen of Ukraine with a higher education in the specialty of jurisprudence 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;

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

Clause 66 of the Procedure for state registration of rights to real estate and their encumbrances establishes that for state registration of property rights, on the basis of an application by the heir, the following are submitted:

  • documents required for appropriate registration, provided for in Article 27 of the Law of Ukraine "On State Registration of Rights to Real Estate and Their Encumbrances" and the Procedure for State Registration of Rights to Real Estate and Their Encumbrances, confirming the acquisition by the testator of ownership of real estate;
  • an extract from the Hereditary Register on the existence of an established inheritance case;
  • a document containing information on the composition of heirs, issued by a notary or an authorized official of a local government body, who accepted the relevant inheritance case.

State registration of ownership on the basis of an application by the heir is carried out by entering in the State Register of Rights information about the subject of ownership - the testator with the obligatory indication of information about the death of such a person.

In the event that real estate is located within several territories - the Autonomous Republic of Crimea, regions, years. Kiev or m. Sevastopol, state registration of rights is carried out within the same territory, which is chosen by the applicant.

In case of loss, damage or damage to a document certifying the testator's ownership of immovable property, the heir receives a duplicate of the required document to formalize his inheritance rights. Based on the received copy of the lost, damaged or damaged copy of the document on the ownership of real estate, in compliance with the other requirements of clause 66 of the Procedure for state registration of rights to real estate and their encumbrances, it is possible to register the property right of the testator at the request of the heir.

Clause 53 of the Procedure for state registration of rights to real estate and their encumbrances establishes a list of documents submitted for state registration of ownership and other property rights to a land plot, ownership of an immovable property, the registration of which was carried out before January 1, 2013 in accordance with the legislation in force on the moment of their occurrence, in connection with the loss, damage or damage to the corresponding state act on the right of ownership or permanent use of the land plot, a certificate of ownership of real estate, namely the following:

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

2) an announcement of the loss of the document in the mass media of the national distribution or local or regional distribution at the location of the immovable property, which must indicate the name of the document, its number and date of issue, in whose name it was issued, by which authority (except in cases of damage or damage to the document).

The state registration of rights in the case provided for in this paragraph is carried out exclusively when the state registrar establishes the presence of registered rights in information systems, the state registration of rights in which was carried out before January 01, 2013, or on paper media, which were maintained by enterprises of the technical inventory bureau.

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