Reissue shares

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My husband died, his father had 2 shares, he is no longer alive, and my mother is alive and she wants to transfer them to our children. Please tell me what is needed for this?

07.08.2023 22:11 439

Answers

Photo of 30.09.tana2002 Tatіana Mazur

To begin with, the wife (your mother-in-law) who survived her husband needs to inherit. To do this, you need to contact a notary and inform that you intend to accept the inheritance. A mandatory condition is no later than 6 months from the day of the testator's death. The place of inheritance opening is the settlement where the testator was registered at the time of death. In order to open an inheritance case, it will be necessary to provide the notary with the original death certificate of the person who left the inheritance. At the same time, it is necessary to document the fact that the deceased had a share, which, accordingly, should pass into the inheritance. The fact that the deceased owned a share is evidenced by the following documents:

  • State deed on ownership of a share. This document certifies the ownership of the land, which has already been formed into a plot, that is, its boundaries have been fixed and a cadastral number has been assigned.

  • Certificate of the right to share. Such a document gives the right to allocate and form a land allotment. It certifies the right to demand a share.

If the documents for the land share have not been preserved, this complicates the inheritance procedure. After all, it is necessary to prove that the testator had the right to part of the collective land. For this, it is necessary to apply to the land department and establish:

  • whether the deceased was included in the list of persons who had the right to share. Such a list was formed for each settlement and was added to the state act on the right of collective ownership of shares;

  • whether a state act or share certificate was issued in the name of the testator.

After completing the preparation and collection of documents in the case of inheritance of the land share, it is necessary to visit the notary again. He will record that the right to share has been inherited by his wife.

If there is a state deed to the land, the notary will enter data on the transfer of ownership to the share in the State Register of Real Property Rights in the name of the heir.

If there is only a certificate for the share in the inheritance, the notary will provide a certificate of the right to inheritance. And the testator will need to carry out the procedure of allocating land in kind in the future. It is about assigning a share cadastral number and registering land ownership.

Only after the above procedures, your husband's mother can transfer the land to her grandchildren. The re-registration of the ownership right to a land plot occurs as a result of the conclusion of contracts of sale, gift, mine, as well as inheritance of a land plot. Let the grandmother choose the most optimal option for herself.

Documents required for re-registration of the right to a land plot:

  1. a notarized contract of sale, gift, gift, inheritance certificate, court decision, etc.;

  2. a notarized copy of the state act on the previous owner;

  3. certificates about existing restrictions (encumbrances) of the land plot and materials of the monetary assessment of the land plot (expert or normative);

  4. copies of passport data and identification code of a natural person; notarized copies of the registration certificate, charter, tax payment certificate, certificate from the unified state register of enterprises and organizations of a legal entity.

08.08.2023 09:15

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