Power of attorney for disposing of property: sample and subtleties of registration

There are 3 types of grounds for transferring ownership of property from one owner. This is the sale, inheritance and gift. All these types of transfer of rights can be formalized without the direct participation of the property owner. For this, a special power of attorney is drawn up for the disposal of property, which is called the general. When conducting a transaction in this case, certain nuances and subtleties should be taken into account. It must be understood that the power of attorney gives the manager the full right to perform any actions with property, up to its sale. Therefore, you can only trust a trusted person.

Purchase and sale by proxy

In this case, the process of processing a transaction from the technical side is not much different from a regular sale without a power of attorney. The standard package of documents is supplemented directly with this paper and documents confirming the identity of the representative of the owner. An important nuance is that the powers of attorney must be clearly spelled out in the power of attorney. This will be needed in the future when registering a transaction in the state register. It is also necessary to provide here, among other things, with a general power of attorney.

The conclusion of transactions on the basis of a general power of attorney is a common practice. This is primarily convenient for the owner, since he does not have to spend time meeting with a realtor, lawyers, etc. Sometimes, health does not allow the principal to participate in such events. In any case, a document of such a plan can become a simple, and most importantly, legal option to resolve the situation.

Challenging Transactions

A power of attorney transaction has the same completeness and strength as a transaction concluded by the principal himself personally. Challenging such agreements is possible only during the trial. It will be possible to do this only in the following situations:

1. If the principal is recognized legally incompetent at the time of issuing the power of attorney.
2. Violation of the will of the principal by the representative.
3. Forgery.
   

A power of attorney to dispose of the property of the general sample is necessary in cases where the owner at the initial stage can not visit all the necessary authorities. For example, when a person is disabled and physically unable to participate in the conclusion of a transaction.

When the principal is able to conduct the transaction on its own, but at the same time wants its legal representative to register it, this should also be written in the document. This option allows you to more likely to avoid abuse of authority. What else allows a power of attorney to dispose of property?

Power of Attorney Gift

A deed of gift is a document according to which property is transferred to the donee at no cost. Moreover, such transactions are unconditional. That is, the conditions for obtaining property cannot be spelled out in the deed of gift, since this does not comply with the norms of the law.

One of the essential features of processing such a transaction is that it can be appealed. A deed of gift may be revoked in court if the donor’s living conditions have deteriorated or pressure has been exerted on him by the donee.

Types of Power of Attorney

A general power of attorney for the disposal of property allows a third party to represent the interests of the owner in the process of processing the transaction. In general, such documents are of three main types:

1. One-time - gives the representative the right to perform one specific action on behalf of the principal.
2. Normal - lists the actions that are of the same type that are allowed to be performed by a trusted representative.
3. The general power of attorney is the most complete, as it enables the representative to perform any actions with the property of the principal.
   

A general power of attorney to dispose of property is issued less frequently. After all, it is usually known in advance what actions will be required from the representative, and they are prescribed in the body of the document. It is possible to perform a deed of gift by proxy if the following conditions are met:

1. Registration of a power of attorney at a notary public.
2. Drawing up an act of gift.
3. Registration of a transaction in the register.

Conditions

In order for the gift to become valid, it is necessary to adhere to certain conditions:

1. The property of the donor must be his legally. This can be confirmed using an extract from the Unified State Register.
2. The donor must be in his right mind and be competent at the time of the transaction. This can be confirmed with a medical certificate stating that he is not registered with a neuropsychiatric dispensary.
3. It is impossible to make a gift if the owner lives in an apartment with minor citizens.
4. You can give not only the entire immovable property, but also a certain part of it, in this case the size of the share is prescribed in the contract.
5. If the property belongs to several owners at once, it can be presented only on the basis of their written consent. The power of attorney to manage and dispose of property has many advantages.

Proxy Inheritance

The Civil Code allows you to enter into the right of succession by proxy. However, it should be borne in mind that the power of attorney should be issued in accordance with all the rules and regulations of the law. It should be clearly stated that the representative of the principal can apply for entry into inheritance rights and obtain a certificate, as well as prepare all the necessary documents.

If the inheritance arises as a result of the death of one of the spouses in an official marriage, the second must submit a corresponding application to the notary in charge of the inheritance case. It is aimed at allocating a legitimate share in the property of the deceased spouse. There are other situations. If the application is not submitted, the property will be divided according to law between all the heirs. This can be done both personally and by issuing an appropriate document to a third party. A sample power of attorney to dispose of property is presented above.

Feature

Its peculiarity is that its powers can be transferred to another person. For example, if a representative loses the ability to fulfill his obligations by proxy due to certain circumstances. In this situation, a new paper is drawn up, delegating authority to the new representative.

A substitution is also executed through notarial services on the basis of a previous power of attorney. It is also necessary to provide paper that confirms circumstances that prevent the previous proxy from fulfilling their obligations. It should be remembered that the person for whom the original document is executed will be responsible for any actions that the new representative will take. A prerequisite is also the notification of the owner of the change of his representative.

The power of attorney for entry into the right of inheritance, as well as a deed of gift, can be ordinary, one-time and general. It is issued at any notary public. The revocation of such a document also occurs when visiting a notary's office.The real estate, inherited by proxy, is executed in compliance with the following conditions:

1. Filing an application for inheritance rights, as well as obtaining a certificate.
2. Collection of documents required for inheritance.
3. 6 months after entering into the inheritance, it is necessary to register the certificate in the state register.
4. Obtaining a issued extract from the Unified State Register confirming the transfer of ownership to the principal.
5. Payment of state duty.
   

Mandatory information in the document

It is important that you can draw up a power of attorney to dispose of real estate by writing it in free form by hand. It should contain a number of mandatory information:

1. Details of the principal and his representative.
2. Actions authorized by a proxy.
3. Signature of the principal, put in the presence of a notary. The latter, in turn, must certify the document, thereby confirming the legal capacity of the principal at the time of signing.
4. The list of property that is inherited by the principal.
5. Data of a notary office.

Invalidation

A power of attorney issued in accordance with all the rules may be invalidated if the following circumstances are identified:

1. Expiration of a document.
2. Revocation of the document by the principal.
3. Refusal of the authorized person to fulfill the obligations undertaken.
4. Death of one of the parties.
5. Proven incapacity of the principal.

All of the above circumstances require proof and have certain nuances.

Finally

In order not to encounter problems in the future, you should draw up a power of attorney (especially general) exclusively under the guidance of a notary. This is a measure that will help protect your property from unlawful or inconsistent with the principal actions of the representative. The defense will be even more effective in the form of consultation with an experienced lawyer on the issue of registration and the nuances associated with the power of attorney to dispose of the property of an individual.