A certificate of legal capacity for a notary is not a mandatory document, since this fact is confirmed only in court. Since January 2020, the notary has received access to the register of judicial acts declaring citizens incompetent.
A citizen may need a certificate of sanity to confirm his ability to carry out any type of property transaction. Legal capacity means that a person has reached the age of majority and is aware of the consequences of his actions. Documentary evidence may be required when a notary doubts the mental health of one of the parties performing an act of purchase, sale, or gift.
The lawyer confirming the transaction has every right to request papers confirming the absence of mental illness or drug addiction. Otherwise, the transfer of property to another person may be challenged by interested parties. It is more profitable to obtain a certificate of legal capacity from the notary in advance, as not everyone knows where to get such a document.
What is a certificate of legal capacity?
Conventionally, the concept of “certificate of legal capacity” refers to documents from specialized medical institutions stating that the citizen has not undergone treatment and is not registered at the dispensary:
- psychological;
- drug treatment
The document confirming the absence of mental disorders and drug addiction must contain the following information:
- the full name and date of birth of the person who contacted the organization for information;
- name of the institution that issued the certificate;
- details of the psychiatrist who wrote the paper;
- medical examination results;
- time of examination;
- signature and personal seal of the doctor;
- seal of a medical institution.
When the second party involved in the transaction has doubts that the person with whom the contract is signed suffers from alcoholism or drug addiction, he will have to undergo examination at a drug treatment clinic. After passing the examination, the citizen will be able to receive the necessary certificate.
The document must contain the same information as the HDPE paper. Citizens must understand that there is no register of legally capable persons, only lists of persons. registered with doctors.
The Unified State Register certificate will tell you about the composition of the owners of the apartment and the encumbrances upon purchase
If you are going to purchase an apartment in a house under construction under an agreement for participation in shared construction, or a participant in shared construction intends to transfer to you its rights of claim under the agreement, then you need to order an extract from the Unified State Register containing information about the land plot on which the shared construction object is being created. This statement indicates:
Information about the apartment will be given to you not in the form of an extract, but in the form of a certificate. This document - a certificate of rights to a housing property registered as of January 31, 1998 - is similar to an extract from the Unified State Register, and is provided, like the extract, to any person who applies for it.
When is it recommended to request a certificate of legal capacity of a person?
Help may be needed in a variety of life situations:
- when making a purchase or sale transaction or donation;
- for signing donation and rent agreements;
- for notarial drawing up and confirmation of a will.
A document on legal capacity is needed for former spouses who have entered into a legal dispute:
- for the right to communicate with children;
- to determine the child’s place of residence.
When signing a real estate purchase agreement, you should request a similar document from the seller if he is an elderly person. An elderly citizen may not be aware of the consequences of his actions; as a result, the act of transferring a home to buyers may be challenged by interested parties in court.
To do this, applicants for the seller’s property will need to find out where to get a certificate of personal incapacity. Guardians of a mentally ill person should act according to the following scheme:
- go to the dispensary, get a certificate stating that the person under your care is registered;
- apply to the courts.
It makes sense to require a certificate from the second party to the transaction if the buyer has doubts about the seller’s alcoholism or drug addiction. This paper will help to avoid future litigation with relatives of the person who sold their property. You can determine that a person is addicted to alcohol or drugs by his appearance and inhibited reactions.
Where to get an extract from the Unified State Register for an apartment
After July 15 last year, the issuance of a regular certificate indicating the owner of the apartment (1 or more) was stopped, and it was replaced by an extract from the Unified State Register. All old certificates remain valid and do not need to be changed. And an extract is now issued when making real estate transactions, for example, when buying an apartment or transferring it by will, gift, or exchange.
- purpose of the premises (residential or commercial);
- a unique cadastral number, by which you can obtain any additional information related to the object or the operations that were carried out with it (sale, change of address, change of internal layout, etc.);
- exact address indicating postal code, city, region;
- apartment area;
- in the case of apartments - the floor of location and the total number of floors in the building;
- who owns this apartment (1 or several owners) and on what basis (the number that is written on the certificate of ownership);
- information about the presence of any type of encumbrance (arrest, pledge);
- information about claims to possession of the premises by third parties (meaning only those claims that were filed in court).
We recommend reading: Decorating a country house under the country amnesty
How to obtain a certificate of legal capacity
To declare a person incompetent, you need to file a claim in court. In other cases, citizens prove their sanity with certificates, which must be taken from psychoneurological and narcological medical institutions. Such documents can be requested by:
- citizens personally;
- guardians;
- parents of minors.
Obtaining a certificate is possible only if you have a citizen’s passport or an identification document of the legal representative.
Sample extract from the Unified State Register of Real Estate with a stamp in paper form
The extract is signed by an authorized person of the registration authority and sealed. Issued in paper form by Rosreestr or MFC. Examples in the photo below. The pictures are clickable.
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Why do you need a certificate of legal capacity?
The duties of a notary include checking the legal capacity of participants in transactions and the testator under a will. Until 2020, a notary was actually required to present a certificate of legal capacity when there were doubts about the mental state of health, the ability to understand the essence and consequences of what was happening. At the moment, the only way to verify legal capacity is to request the federal registry of judicial acts.
However, citizens can obtain a mental health certificate for the following purposes:
- to eliminate risks when checking the legal purity of a transaction, since if you are unable to understand the essence of what is happening, the contract can be challenged;
- to check the mental health of a citizen who has not been declared legally incompetent (for example, if none of the relatives files such a claim in court, citizens will be able to make transactions even with mental disabilities);
- to avoid lengthy consideration of a notary’s request to medical institutions (such a request can be sent if there are doubts about the mental state of the testator).
Since information about the state of health is protected by medical confidentiality, only a citizen can receive such a certificate in person.
Extract from the Unified State Register for the apartment
- characteristics of the object (it indicates the cadastral number, exact cadastral value, area, floor);
- rights to the apartment (it reflects the full name of the owner of the real estate, registration number and its type, encumbrances or existing restrictions on the disposal of the object).
Legislators systematically improve the legislative system by introducing certain amendments to it. Citizens who purchased housing after 2020 were no longer issued certificates of registration of property rights. They were replaced by an extract from the Unified State Register. But this certificate acts not only as a replacement for a certificate of ownership, but also as a document without which not a single real estate transaction can be implemented in practice. We will devote this material to discussing the certificate from the Unified State Register and find out how you can receive an extract from the Unified State Register for an apartment online today.
Where can I get a certificate for a notary?
As stated above, if a citizen has been officially declared incompetent, the notary will receive such information from the federal register. A certificate from medical institutions can only confirm the fact of registration in a psychoneurological dispensary at the place of residence, which does not necessarily entail incapacity. To obtain a notary certificate, you need:
- contact the psychoneurological dispensary at your place of registration (if you receive a certificate in another place, you will have to undergo a full examination, requesting data from the PND at your place of residence);
- the certificate must bear the seal of the medical institution, the signature of the chief physician of the ICP or clinic;
- in most cases, a certificate from the PND at the place of permanent residence can be obtained on the day of application.
The certificate is issued in the form prescribed by Order of the Ministry of Health of the Russian Federation No. 441-n. The document does not indicate the nature of the disease and diagnosis, but notes the fact of registration at a psychoneurological dispensary. Naturally, if the citizen was not registered with the PND, this fact will be confirmed in the certificate.
Please note that providing a PND certificate when drawing up wills or certifying contracts is not a mandatory requirement of the law. Therefore, you can refuse to submit a certificate and have the right to contact another notary body. However, the notary is also obliged to refuse to perform notarial acts if there are doubts about the mental health of the applicant.
What do you need to order a document?
To obtain an extract from the Unified State Register, information about the apartment is required. It could be:
- address (the most common option);
- cadastral number, if known.
In addition to information, the person will be required to:
- Passport or other similar document - when applying to the MFC or directly to Rosreestr.
- The application itself for issuance.
- Receipt of payment for this service.
If the extract is ordered online, no documents are required at all : passport data is checked at the stage of registration in the State Services, and later a password is enough to enter there. Also, when using online banking (that is, paying with a card via the Internet), you will not need a receipt: all information confirming the transfer of funds is provided directly by the servicing bank.
What is the validity period of the certificate?
A certificate from a psychoneurological dispensary will be valid for no more than 1 year from the date of issue. If this period has passed, you will have to obtain a new document. If the fact of incapacity is confirmed in court, the decision will be valid indefinitely. However, the citizen himself or other interested parties can go to court to restore legal capacity.
Since it is quite easy to obtain a PND certificate, it is advisable to present it to a notary within the next few days after receipt. Otherwise, a specialist from a notary’s office may again point out that there are doubts about the state of the citizen’s mental health. From the site odinzamok.ru
In this article you learned how a certificate of legal capacity is issued. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal.
Editor: Igor Reshetov
Information about the transfer of ownership of the apartment
Information on the transfer of ownership rights to a specific apartment is information in the Unified State Register containing the “history” of the transfer of rights to a specific property, indicating all registered copyright holders who owned the apartment in the chronological order of ownership, indicating the date of registration and the date of transfer of rights to each of them.
Previously, the specified information was among the information to which general access was limited, and it was provided only to certain categories of subjects. However, information about the transfer of rights from October 1, 2013 was excluded by the legislator from the restrictions and today is publicly available .
Thus, information about the previous owners of the apartment can be obtained not only by copyright holders, law enforcement and regulatory authorities, but also by any other persons, including potential buyers .
Information on the transfer of ownership rights to an apartment is presented to the interested party in the form of a separately executed document - “Extract from the Unified State Register of Rights to the Property”.
The document provided to the citizen must contain the following data :
- name and purpose of the property, cadastral and inventory numbers, area and address of the property of interest;
- about each of the apartment owners according to the order specified in the state register;
- the type of right registered for each of the former owners, the date of registration and the size of the share in the right for each of them;
- date and number of the record of termination of the right of each owner;
- current information about the currently registered right to an apartment;
- on documents that are the basis for state registration of the transfer and termination of rights to an apartment.
The information contained in such an extract is current at the time the interested party submits a corresponding request to the registration authority.
Extract from the Unified State Register of Real Estate when selling an apartment 2020: how to get it
This year, the owner’s right to real estate must be formalized in accordance with Federal Law No. 218 of July 13, 2015. Registration in the property registry will continue to be the only proof of ownership. Previously obtained certificates, both old and new, will no longer be valid. An entry in the Unified State Register concerning the owner's right can be challenged exclusively in court.
Without a legal certificate, the buyer may refuse to purchase residential real estate. Since 2020, an extract from the Unified State Register is required when selling an apartment.
Today we’ll see what it looks like, why it’s needed, and what types of extracts there are.
The State Register contains complete information about real estate registered on the territory of the Russian Federation. Upon official request, the organization’s employees issue a certificate with complete data about the apartment.
Important! The act from the Unified State Register consists of at least two paper sheets, including 5 main points. They are displayed in text and graphic parts.
The graphic part is presented in the form of an apartment plan. The text part includes basic technical information, namely:
- number of storeys;
- footage;
- cadastral number;
- last name and first name of the recipient;
- apartment address;
- type of property right.
Since 2020, new rules have been established for sales, which are not clear to everyone. A cadastral passport and an extract from the Unified State Register for the sale of an apartment are no longer issued. They were replaced by an extract from the Unified State Register of Real Estate. But if you have them on hand, you can provide them to the buyer as confirmation of the cleanliness of the apartment.
Important! Each paper has its own differences and features. Before ordering this or that certificate, it is worth understanding for what purposes it is used.
Extended
If you need to obtain expanded information about the available plots, it is worth ordering a special type of certificate from the Unified State Register. A legal certificate consists of the following mandatory items:
- complete information about the owners of the residential premises (last name, first name, patronymic);
- date of purchase of the apartment;
- number of storeys;
- square;
- a list of all owners (with information about the date of purchase and sale of the apartment);
- view of the apartment.
Any person who is involved in the sale of real estate can receive an extended extract from the Unified State Register of Real Estate - the buyer, his representative, the seller himself, a realtor or a lawyer.
Anyone can order a legal document. It will be useful both for the seller to prove his integrity, and for the buyer to avoid scammers.
The buyer will be able to see all the re-registration of the property.
Extended certificate from the Unified State Register of Real Estate - see the example in the picture below
Both the electronic and paper versions of the extract from the Unified State Register contain the same number of sections. The difference lies in the presence and absence of a blue seal and the signature of an official government representative. In electronic form, authenticity is confirmed by a special virtual signature of a Rosreestr employee.
Important! An electronic certificate from the Unified State Register has the same legal force as a paper one.
A paper one costs more - 600 rubles, takes longer to prepare and is valid only in the format of an original document. Its legal force is confirmed by a blue seal and the signature of a Rosreestr employee. An example of a USRN certificate with a blue seal is shown below.
According to the law, the registrar is not provided with a document from the Unified State Register to sell an apartment. However, the document is necessary for the buyer. Only with its help can they confirm the fairness of the transaction at the initial stages of selling an apartment.
With the help of a certificate from the Unified State Register of Real Estate, you can verify:
- the number of property owners, their personal data;
- type of ownership of the apartment;
- seizure of the premises, whether it is rented or encumbered by banking relationships.
Today it is impossible to confirm or refute this with other documents.
To speed up the sale of an apartment, the seller orders an electronic version of the certificate in advance. This is not difficult to do thanks to technology and modern portals.
What it contains
In the extract from the Unified State Register you can find the following information about the apartment:
- the address of the object of interest, its area, floor location in the house and purpose;
- graphical plan;
- full name of the owner (name of the organization for a legal entity);
- the date of registration, its number, as well as the document providing the basis for ownership of the specified apartment;
- encumbrances imposed on the property, if any (if any, the basis for this restriction is indicated: mortgage or other);
- cadastral number assigned during registration, designated cadastral value.
In other words, this document contains information that was previously displayed in different sources: in the cadastral passport and an extract from the Unified State Register, but now all the basic information is in a single extract.
What is it for?
Due to the completeness of the information presented in the document, the extract is applicable in the following cases:
- To confirm ownership of an apartment that is involved in a commercial transaction.
- For assessment of market value carried out by authorized organizations.
- When carrying out non-commercial transactions.
- In case of disputes related to an apartment or other real estate.
- To provide a package of documents before bankruptcy of an individual.
- At the time of registration of inheritance, etc.
Based on Federal Law - 218, the Unified State Register of Real Estate combines data from the Real Estate Cadastre and the register of rights to this real estate. Therefore, from the moment this law came into force, in all procedures where extracts from the Unified State Register or cadastral passport were previously provided, an extract from the Unified State Register now appears.
The updated document, drawn up from the beginning of 2020, is formed on several sheets and contains text and graphic information in different sections. The total number of highlighted points that give a complete picture of the property is five.
In the extract issued for the apartment, 3 of them take place:
- Section No. 1. The main technical characteristics are displayed here, such as the address with the area of the apartment, its purpose, number of floors, cadastral number, etc.
- Section No. 2. This paragraph contains information about the owner of the apartment, the type of registered property right, its number and date of registration. Information about existing encumbrances on the property can be found here.
- Section No. 5. This part contains graphic information about the apartment and its location plan. The 3rd and 4th parts of the document relate to land plots, therefore they are omitted by default in the statement for the apartment.
Photo of an extract from the Unified State Register of Real Estate about the main characteristics and registered rights to the property.
