Drawing up a statement of claim for recognition of ownership rights. Sample claim. Claim for recognition of property rights: features of filing an application Application to court for recognition of property rights

You can download a new sample statement of claim for recognition of ownership rights in PDF and DOC format on the page.

To protect your right to own, dispose and use property, you must file a claim for recognition of ownership rights. The plaintiff in such a claim can be a citizen, a legal entity, a municipality, or the state. Such a claim may be filed in relation to an object, the right to which is registered with another person.

When preparing such a claim, two conditions should be taken into account:

There must be a legal fact (or facts) that became the basis for the plaintiff to have a disputed property right.
The plaintiff must be able to prove in court the existence of this fact(s).

In other words, a claim for recognition of ownership rights is aimed at confirmation by the court before third parties of the plaintiff’s existing ownership rights to the disputed object. Written documents are of decisive importance in proof. This is due to the complexity of the subject of the dispute, as well as the fact that all legal actions related to real estate are subject to documentation. If it is impossible to provide any document, you can file a petition with the court for assistance in obtaining it.

Before filing a claim in court, you should correctly calculate the state duty and decide on the jurisdiction. If a party to the application is an individual, the claim will be considered by a court of general jurisdiction. If there is a dispute between legal entities, state entities, municipalities - an arbitration court.

To the Arbitration Court _____________________________________
(name, address of the court)

Plaintiff:_________________________________________________
(name, location address, phone, fax, email)

Respondent:_______________________________________________
(name, location address)

STATEMENT OF CLAIM

on recognition of property rights

According to the agreement No._____ dated ________________ Purchase and sale of non-residential premises (hereinafter referred to as the Agreement), concluded between the plaintiff and the defendant, the subject is a building located at the address: ________________, area ____ sq. m. m., conditional object number _____.

In accordance with clause ____ of the Agreement, the defendant is obliged to transfer to the plaintiff the ownership of the above-mentioned building, which belongs to the defendant by right of ownership (confirmed by the Certificate of State Registration of Rights No._____ dated _____), and the plaintiff undertakes to accept this building and pay for it. The price of the building is indicated in clause ____ of the Agreement and is _______________. According to clause ____ of the Agreement, the transfer of the building by the defendant is carried out according to the acceptance certificate within _________ after full payment by the plaintiff.

The plaintiff fulfilled its obligation under the Agreement in full, which is confirmed by payment order No. ____ dated __________ and the acceptance certificate dated __________, signed by the plaintiff and defendant. However, to date, the defendant has not transferred the building to the plaintiff.

The plaintiff addressed the defendant with a demand to fulfill the obligation stipulated by the contract, which is confirmed by the claim from __________, which the defendant left unanswered.

Based on the above, guided by Art. 12, 218, 223 Civil Code of the Russian Federation, 125, 126 Arbitration Procedure Code of the Russian Federation,

I ask the court:

Recognize as ____________________ (name of the Plaintiff) the ownership of the building located at the address __________________________________________, conditional object number _______________.

A claim for recognition of ownership of a particular property is a very common process in Russia. But not everyone understands how to serve it correctly. What should citizens know before going to court? In what situations does it make sense to file a claim? We have to understand all this.

Winning a trial under such circumstances is not difficult if you prepare for the process in advance. Much depends on the situation, but the principles for filing a claim are the same in all cases.

Where to submit

So, where to go with the prepared package of documents, as well as the statement of claim? This question arises for almost all citizens who are planning to litigate property matters. In Russia there are several levels of judicial bodies. Therefore, you need to know exactly where to send a claim to recognize a citizen’s ownership of a particular property. The value of the property will help you determine. How exactly? There are several rules to follow:

The total amount of property does not exceed 50 thousand rubles? In this case, it is necessary to apply to the magistrates' courts. They engage in similar disputes.
A claim for recognition of ownership of property worth more than 50,000 rubles? A package of documents must be submitted along with the application to the district judicial authority.

Documentation

The next nuance is the necessary documents. The fact is that the statement of claim is filed with certain evidence of its innocence. Therefore, the list of documents will not be unambiguous. Much depends on the situation.

However, copies and originals of the following documents are usually attached to the application in the established form:

plaintiff's identity card;
receipt of payment of state duty;
real estate documents;
evidence of rights to property (written, material, expert evidence, witness testimony).

Duty

A claim for recognition of ownership of a particular property, as a rule, requires the attachment of the above papers. Additionally, documents on the marital status of citizens may be required. For example, a marriage or divorce certificate. But it is mandatory to present a receipt for payment of a state fee of a certain amount. Without it, the claim will not be accepted for consideration. But how much should you pay? This depends on the value of the property. Must give:

4% of the claim amount if the property costs less than 20,000 rubles (but not less than 400 rubles in duty);
800 rubles and 3% of the statement of claim over 20 thousand rubles, if the claim is up to 100,000;
3200 + 2% of the amount more than 100 thousand rubles, when the amount of the claim is no more than 200,000;
5200 rubles and 1% of the amount exceeding 200 thousand, if the claim is up to 1 million rubles;
13,200 + 0.5% of funds over 1,000,000 if the amount of the claim exceeds a million.

How to compose

Many people are interested in how to correctly draw up a claim for recognition of ownership rights to a particular property. There are some rules, following which, you can independently draw up a claim and submit it to one or another judicial authority.

Necessary:

In the upper right corner of the page write the name of the body to which the statement of claim is being sent. Information about the plaintiff and defendant is also written there. We are talking about personal data, passport information and contacts for communication.
After this, you must write “Statement of Claim for recognition of ownership rights to...” in the center of the sheet and indicate the type of property and grounds. For example, in the order of inheritance.
State the essence of the claim. Briefly and to the point describe the whole situation. At the end, the witnesses must be listed, as well as the evidence that is attached to the application.
The claim ends with the date of filing and the signature of the plaintiff with a transcript.

Inheritance

Quite often in judicial practice there is a statement of claim for recognition of property rights by inheritance. These are the most common property disputes. To file such an application, as a rule, they turn to the district court. The following documents are attached to the claim of the established form:

will;
the applicant's identity card;
documents confirming the legality of actions (for example, a court decision to restore inheritance rights);
documents of kinship;
receipt of payment of the established duty;
death certificate of the testator.

Sample

What will a claim for recognition of property rights look like? The sample below helps resolve property disputes between spouses during a divorce if they have conflicts. Then you need to attach to the previously listed list of documents checks and receipts that confirm that the plaintiff belongs to the property, as well as a divorce/marriage certificate.

The claim may look like this: “I, Marina Dmitrievna Ivanova, (passport details), request that the apartment located at (address and real estate information) be recognized as joint property with my husband, Ivan Ivanovich Ivanov (passport details). For my personal premarital money, a major renovation was made in this property, which significantly improved the condition of the apartment. Receipts and receipts are attached."

A sample statement of claim for ownership of an apartment, taking into account recent changes in legislation.

The right of ownership of real estate arises in cases provided for by law. Apartments are acquired as property as a result of privatization of property, as a result of payment of a share in a housing construction cooperative, as a result of the transfer of an apartment under an agreement for shared participation in housing construction, by inheritance, as a result of various transactions, including purchase and sale, donation, exchange .

Ownership of an apartment must be registered in the Unified State Register of Rights to Real Estate and Transactions with It. To confirm ownership of an apartment, a citizen must have an agreement or other document establishing ownership and a certificate of state registration of rights issued by the state registration authority.

If there are no documents confirming the basis for the emergence of the right, the only way out is to go to court with a statement of claim for recognition of ownership of the apartment.

The court's decision in such a case will be a document confirming the plaintiff's ownership rights. If the rights to the apartment arose as a result of a transaction, and the seller avoids contacting the state registration service in the prescribed manner, a statement of claim must be filed with the court to register the transfer of ownership. The cost of a claim to recognize ownership of an apartment is determined by its value. The cost of an apartment is determined by an inventory assessment carried out by the technical inventory bureau.

Almost all claims for recognition of ownership of an apartment are considered by district (city) courts, since apartments costing less than 50,000 rubles are practically never found. A statement of claim for recognition of ownership of an apartment is filed with the court at its location, according to the rules of exclusive ownership.

IN __________________________
(name of court)
Plaintiff: ______________________
(full name, address)
Respondent: ____________________
(full name, address)
: ___________________
(price of the apartment)

Statement of claim for ownership of an apartment

As a result of _________ (give the reasons for the applicant’s acquisition of the apartment into his property), I acquired ownership of the apartment, which is located at the address: _________ (give the full address of the apartment) from _________ (full name of the defendant).

The defendant’s ownership of the apartment is confirmed by _________ (indicate details of the documents that confirm the defendant’s rights to the apartment).

It is impossible to resolve the issue of establishing ownership of an apartment out of court _________ (give reasons that prevent the plaintiff from establishing ownership of an apartment by registering ownership with the registration authority).

No one else is claiming the apartment that belongs to me, since “___” _________ ____ I own it as the owner, pay utility bills and for the maintenance of housing, carry out routine repairs of the residential premises at my own expense, and fully bear the burden of maintaining the disputed apartment.

Based on the above, guided by Article 218 of the Civil Code of the Russian Federation, articles of the Civil Procedure Code of the Russian Federation,

Recognize ownership of the apartment, which is located at the address: _________ (indicate the full address of the apartment) for _________ (full name of the plaintiff).

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment
Documents confirming the plaintiff’s purchase of the apartment as property
Documents confirming the fact of ownership of the apartment as your own, payment of the relevant fees
A copy of the BTI technical passport for the apartment
Other evidence confirming the grounds for the claim for recognition of ownership of the apartment

Date of application “___”_________ ____ Signature of the plaintiff _______

Property rights are guaranteed to all citizens. Legislation regulates this area, and the state controls to ensure that there are no violations of people’s interests. But disputes often occur when citizens prove the possibility of using and disposing of property. A sample statement of claim for recognition of ownership rights will help to formalize it correctly.

There are grounds for bringing forward claims for recognition of property rights:

Inconsistency of title documents with the norms of the law;
The seller of the property that was sold under an ordinary contract has died or disappeared;
There are no title papers for property that has been owned for several years;
Unauthorized construction, for example, the land was acquired by the plaintiff from the cooperative without standard formalities and registration;
Recognition of ownership in a new home.

Often property is inherited, but it may not be registered in Rosreestr. Because of this, it will not be possible to register inherited property. Then you need to go to court. Ownership rights by inheritance are confirmed by a certificate.

What does the decision depend on?

Court cases related to the recognition of rights to real estate are complex. It will not be possible to resolve them quickly, since meetings are postponed several times due to various circumstances. To speed up the process and ensure a positive decision, the plaintiff needs to prepare evidence that cannot be refuted.

A statement of claim for ownership is provided along with the documents. It is necessary to first obtain certificates, extracts and other papers provided by the justice authorities and the Bureau of Technical Inventory. The court sometimes requires additional documents if they are needed to consider the case.

Long-term ownership of real estate plays a huge role. But this should be confirmed by documents, and witnesses should be called. The decision is determined by a receipt for the maintenance of the facility, payment of utilities, and repairs. When the plaintiff is a legal entity, agreements are needed with service providers related to the ownership of the disputed object.

Statute of limitations

It is necessary to take into account the statute of limitations for purchasing real estate. If it is an apartment, house, land, then the period is 15 years. This rule means that if the person who filed the application has owned the property for over 15 years and legally maintained it, then the decision will most likely be in his favor. It is often necessary to file a claim for recognition of ownership of a garage.

If the statute of limitations has expired, but repair work has not been carried out, the court will make a negative decision. A statement of claim is required to recognize ownership rights. It is drawn up according to legal standards. Recognition of property rights by statute of limitations is carried out by the court.

A claim for recognition of ownership rights should be submitted with evidence of:

Grounds of rights;
Written information from witnesses;
Photo and video materials.

Thanks to the presence of each legal document, it will be possible to consider the case in more detail. If papers are lost, they must be restored immediately, since many documents cannot be obtained in one day.

The law provides for a form of claim. It is compiled in writing. It should contain:

Name of the court;
Information about the plaintiff;
Information about the defendant;
Type of violation of rights;
Circumstances serving as the basis and evidence;
Cost of claim;
Data on compliance with pre-trial order;
List of documents.

Forms are provided in courts and law firms. It is necessary to attach extracts from the house register and archival information. You will also need:

Copies of the application for all defendants and other persons;
Paper confirming payment of state duty;
Power of attorney;
Evidence of claims;
Confirmation of the implementation of the pre-trial order.

It is necessary to provide as much information as possible about the recognition of ownership of land or housing. The application is written in 3 copies: 2 of them are submitted to the court, and the last one remains with the applicant. It is submitted to the district court at the location of the facility. If a person lives in one city, and the property is located in another, then send the application by mail. It just needs to be certified by a notary.

Based on the legislation, there is an absentee review of such cases. Not the plaintiff, but his representative may be present. But it's better to be in person. Applicants are adults. Until the age of 18, interests are protected by a representative. An example of a statement of claim will help you draw it up correctly.

Name of the court

Plaintiff: Full name

Respondent: Full name

Claim price: ___

Statement of claim

about ownership of an apartment

As a result (purchase and sale, inheritance, etc.) I became the owner of an apartment, which is located at ____________ (defendant).

Ownership is evidenced by _______ (document data).

It was not possible to resolve the issue of determining property rights in pre-trial proceedings (indicate the reasons).

There are no claimants to my property. I have owned it since__(date), pay utility bills, and carry out repairs.

Recognize the ownership of the housing located at the address ____ for ______ (full name of the plaintiff).

List of attached documents:

A copy of the application;
Payment of state duty;
Proof of purchase;
Fact of home ownership;
A copy of the technical passport;
Other evidence.

Date "__"______ ___ Signature__________

Before submitting the application, the state fee is paid. This can be done at any bank or via the Internet.

Description of the dispute

The dispute has a descriptive and motivational part. There are no rules for the sequence of presentation of information. After reading the claim, the judge must understand what the plaintiff is seeking. Therefore, it is important to make a description of the dispute - the property over which the conflict arose. The subject of the dispute indicates the characteristics that distinguish the property from another. This may be information from the cadastre and address. The vehicle requires information from the registration certificate. Photographs are boring for movable property.

Not everyone is able to clearly describe the situation. But this can be done on the basis of legal norms. The plaintiff must identify the grounds and laws that allow the right to be restored.

The pleading part includes demands. This is a request for proof of ownership. Requirements can be property or non-property. Property claims require setting the price of the claim (Article 91 of the Code of Civil Procedure of the Russian Federation). If the case concerns real estate, then to establish this indicator, the inventory value is measured, and otherwise, the characteristics specified in the insurance contract.

Property disputes are considered by arbitration courts and justice institutions. Objects can be real estate registered in Rosreestr. If during the course of the case it is determined that the object is not registered, then it will be recognized as ownerless. Then the state will be the owner, and the rights to it will be recognized as unfounded.

The evidence that is attached to the claim must be produced in a legal manner. This also applies to witnesses. False testimony entails liability, which is enshrined in the legislation of the Russian Federation.

The owner has 3 powers regarding his property:

Possession – property belongs to its owner. In addition to the owner, the owner is other persons, for example, under a lease agreement.
Use – property can be used for different purposes at the discretion of the owner. It exists on the basis of the right of ownership, which is also the case with other persons, which is permitted by the owner.
Order. The owner can donate, sell, or rent out his property. The owner or other person has this right. The property can be used at will, without violating the rights of other persons and the rules of the law.

But with rights, the owner also has responsibilities:

Property maintenance;
Liability for damage.

The Civil Code of the Russian Federation specifies several types of owners:

Citizens and individuals;
Organizations;
State;
Foreigners;
States.

Property rights are established by law. Property is private when it belongs to citizens, private individuals. There is property of legal entities and organizations that can use it to solve problems specified in the constituent documentation. Property may be owned by the state or municipality, which is recorded in documents. Recognition of this right is a mandatory procedure in order to be able to freely dispose of property.