Not privatized apartment is the property of municipality, that is the city. According to Article 1112 of the Civil Code of the Russian Federation hereditary weight can join personal, real and other estate which belonged to the testator on the property rights. But according to Article 672 of the Civil Code of the Russian Federation all members of the family of the employer registered in the apartment have the right for housing which is in use under the contract of social hiring or given by the state according to the warrant.
It is required to you
- - statement in municipality;
- - certificate of registration;
- - extract of personal account;
- - contract of social hiring or warrant;
- - the documents confirming relationship with the testator;
- - statement in Arbitration court.
1. To acquire the right to privatize the apartment and to enter the property rights to it after the death of the testator, address to department of housing policy of local municipality. Provide the passport, extract of personal account, the reference from place of residence, the contract of social hiring or the warrant for the apartment.
2. Write the application for renewal of the contract of social hiring or the warrant for your name. If you lived and have been registered in the apartment together with the responsible tenant, that is with the testator, then you have the right for the municipal apartment and for its privatization on an equal basis with the died tenant (Article 672 of the Civil Code of the Russian Federation).
3. Most often local authorities unconditionally renew the contract of social hiring or the warrant as they are guided by the specified law. In this case the apartment will pass to you not by acceptance of inheritance, and by normal privatization.
4. If after all have refused to you renewal of the contract or warrant that happens in exceptional cases, appeal to Arbitration court. Show the reference from place of residence, extract of personal account, the contract of social hiring or the warrant. By a court decision you will be able to renew on yourself all social documents or to begin privatization of the apartment.
5. If you did not live with the testator and have not been registered in the apartment within the last 5 years, then you have no chance to become the owner of the real estate. If the testator lived in apartment one and registration is issued only on one person, then the apartment will be transferred to needy people on the waiting list.
6. If you have made considerable money in apartment renovation, looked after the testator before death, financially supported him, then after all try to appeal to court. Submit the application, specify in it everything that somehow will help you to receive the apartment. Most often such courts have no beneficial effect in favor of the claimant as the Department of housing policy of the city behind the back of which there is huge turn consisting of needy citizens for whom social apartments are intended (Article 40 of the Constitution of the Russian Federation, the Housing code of the Russian Federation) acts as the defendant.