Did you decide to take up real estate, but it turned out that the deal concerns underage?
If you are not aware that certain transactions with property owned by minors or persons under guardianship or trust require the permission of their guardians or trustees, such situations can cause significant difficulties.
Let's figure out when we need to get this permission. Firstly, if you are going to make a deal related to real estate, then you need approval from the department. This applies to exchanges, donations, and the purchase and sale of an property belonging to a minor.
Custody and guardianship agencies play an important role in protecting the rights and interests of minors and incapacitated citizens. In accordance with the Russian law, persons under the age of 14 or recognized as legally incapacitated do not have the right to independently dispose of their property or enter into legal transactions. There are custody and guardianship agencies to protect their interests that are appointed by the court or authorized by the relevant authorities.
Custody and guardianship agency is a specialized structure responsible for protecting the rights and interests of minors and incapacitated citizens. Agency oversees the activities of the legal representatives of these categories of persons, as well as makes decisions on issues related to their property, education, medical care and other aspects of their lives.
Representatives in law of minors and incapacitated citizens have the right to manage their property, conclude transactions on their behalf, as well as make decisions concerning their well-being. However, all these actions are carried out under the supervision of the custody and guardianship agency.
The custody and guardianship agency also appoint guardians and trustees for persons in need of permanent care. Guardians and trustees protect the interests of the wards, represent them in court and before other bodies, as well as manage their property.
Permission from the custody and guardianship agency: when it is needed and how to get it
One of the important points related to the property of minors or incapacitated citizens is to obtain permission from the custody and guardianship agency to commit certain actions. In particular, it is necessary to obtain permission from the custody and guardianship agency if we are talking about the sale of an apartment or other property of a minor or an incapacitated citizen. To obtain permission from the custody and guardianship agency, it is necessary to apply to the appropriate agency with a statement of intent to perform a certain action. The application must specify all the details of the transaction or action, as well as provide the necessary documents confirming its legality and expediency.
After receiving an application of intent to perform a certain action, the custody and guardianship agency checks all the circumstances of the transaction or action, and also determines whether it will meet the interests of a minor or an incapacitated citizen. Based on the results of the inspection, the custody and guardianship agency decides whether to issue or refuse to issue a permit to commit an action.
In case of a positive decision of the custody and guardianship agency, the permit is issued in writing and is a mandatory document for performing the appropriate action. In case of refusal to issue a permit, persons wishing to perform a certain action have the right to appeal this decision in accordance with the established procedure.
Thus, obtaining permission from the custody and guardianship agency to commit certain actions related to the property of minors or incapacitated citizens is an important step in protecting their rights and interests. The custody and guardianship agency play a key role in ensuring the legality and expediency of transactions involving this category of persons, their property and well-being.
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