Principles of citizens’ relations in relation to real estate in which children have the right to own a shareholding or own the whole object are enshrined in the Family, Housing and Civil Codes.
The state recognizes the contracts of alienation of the ownership belonging to the baby, provided that their action will not lead to a reduction or restriction of his/her rights and interests. The control of the fulfillment of the agreements of property disposition is carried out by local government bodies of guardianship. Their employees are personally responsible for the observance of the ownership authority.
Guardians are not allowed to conduct transactions of alienation, if such circumstances are ascertained:
– applicants, parents or one of them are deprived of rights;
– the body of trustees or the prosecutor have decided to take the child away from their parents without depriving them of their rights;
– applicants of permission have informed the state body of guardianship about unreliable information about themselves;
– genitors did not show the body of trustees notarized consent to conduct the transaction;
– parents and third parties conduct litigation around the property belonging to the baby, which appears as the subject of the alienation agreement;
– the agency of custody has established the probability that the fulfillment of the contract of disposition of the real estate will significantly limit the ownership authority and interests.
According to the rules, the requirement to obtain a government permit for custody extends to alienation, donation, division, exchange or part thereof. Parents have no right to give written commitments on behalf of the child or to waive their property authority.
The person is in the status of a baby from the moment of birth to the age of 18 years. A minor baby is a citizen under the age of 14 years. He/she is endowed with partial civil capacity and has the right to independently implement small contracts for low-value items. Such subjects should meet the goals of the spiritual and physical development and serve to meet the everyday needs. Young teens are not entitled to make agreements. The baby becomes the owner of the apartment, if the genitors buy the apartment and make out the authority to own a property. In order to register an apartment in the ownership, the parents are required to obtain a permit from the body of trusteeship and guardianship.
A minor teen is a citizen aged 14 to 18 years. He/she is empowered with incomplete civil capacity and has the authority to carry out the following actions on his/her own:
- to manage their earnings, scholarships or other income;
- to use the results of their intellectual and creative activity;
- to be a participant and founder of legal entities within the limits established by the law and charter of a legal entity;
- to open bank deposits and dispose of funds entered in their name.
In order to conclude a real estate treaty, a minor baby is required:
- a notarized consent of genitors, adoptive ones or guardians;
- permission of the state guardianship.
The minor child directly participates in the conclusion of the treaty of sale of real estate – signs it. When the registration of such contract to the notary, the lawfulness of the agreement is confirmed by the permission of the state bodies of guardianship and the written consent of the parents certified by the notary.
How the baby becomes the owner of the property
According to the rules, he/she receives housing on the ownership on the basis of such alienation contracts:
- purchase and sale;
- lifelong content.
In practice, in order to become owners, it is convenient for citizens to act in the following legal ways:
- genitors bought an apartment and filed the ownership – a treaty of sale;
- the genitors gave the apartment to him/her – a gift is completed;
- the he/she received the apartment according to the will – the completed inheritance agreement.
Documents for permission to carry out a real estate transaction
Applicants – parents, adoptive ones, guardians – apply to the local government for guardianship. Each genitor is required to submit a statement. They are accompanied by the following documents:
- passports of all owners of housing;
- identification codes of all adult homeowners;
- passports (children aged 16 years);
- identity codes of the owners;
- the originals of the certificate of birth under the age of 14;
- certificate of family composition;
- the original of the technical passport of the alienated housing;
- original of the extract from the State Register of real rights and burdens of immovable ownership with indication of all owners;
- original certificate of divorce;
- the original of the certificate of death of the spouse;
- if the agreement is performed by a trustee – an order from all owners of housing to conduct these actions.
After obtaining permission to conduct a transaction at the agency, the participants register a contract with a notary public.