An application to establish the fact of ownership of a document is filed when an error in writing information precludes the exercise of rights and freedoms. Therefore, it is not possible to draw up an inheritance or a pension. Most often the trouble is related to property issues.
Why does this happen
The binding of property rights is documented. The name, patronymic and last name fit into the paper. If at least one mistake is made in their writing, further renewal of rights by the owner of the document or its heir becomes difficult.
It is known that last names, first names and patronymics can be written in different ways. In addition, the person making the notes could simply make a banal mistake, and it was not fixed. Why? The error is not noticed or is not considered a hindrance. Difficulties begin many years later in paperwork. The way out is a statement on the establishment of the fact of ownership of the document.
Who is the applicant?
In his capacity stands any person whose interests are affected, in his opinion. In addition, notaries or officials themselves advise contacting a lawyer who will help draw up a statement on the establishment of the fact that the document belongs and will tell you how to proceed.
The reason is also a discrepancy in any document that is legally significant. There are exceptions to the law:
- papers issued by military authorities;
- passports
- certificates issued by the authorities of the RAGS;
The only ones who have the right to consider fixing the error are the relevant authorities. If it cannot be corrected (for example, the person for whom the document was issued has died), a certificate is issued. And the application to the court, if necessary, is submitted in other formulations.
Pre-trial procedure
The law notes the obligation to prove to the court that it is impossible to confirm the fact by other means. The applicant or his representative first contact the body that can give such an answer. For example, previously local or municipal administrations had the authority to issue certain orders. Now either the relevant institutions are absent or have lost the relevant authority. Some documents are not subject to correction.
A written application is considered for approximately a month, and the response received is attached to the application to the court. Without such paper, a case cannot be opened in court.
A sufficient confirmation is a copy of the application with a note about its transfer to the office, if the issuance of the document is delayed.
If there are powers, then the applicant appeals to the court challenging the actions of the authority or its official.
These papers are needed when the question is raised of establishing the fact of ownership of a document in a statement of claim regarding inheritance (described below).
How to write a statement
The lawyer draws up the application and always uses the sample application to establish the fact of ownership of the document.
The application writing scheme is unified:
- name of the district court to which the application is transmitted (note that such cases are never considered by justices of the peace);
- full name, address of residence;
- name of organizations - interested persons (units having the status of legal entities are entitled to act in their quality);
- Name of notary public, place of his office (if he is an interested person);
- It describes the difficulties that arise without establishing the fact for what purpose the appeal was filed (for example, to apply for a pension or inheritance);
- references to attempts to correct a mistake without resorting to court help;
- court requirement: establish the fact of belonging (indicate the document) indicate the name of the person;
- list of copies of attached documents;
- receipt of payment of duty;
- date and signature of the submitter.
The application with attached copies is drawn up according to the number of interested parties. One copy is filed for the court and the formation of the case.
Features of the trial
An application to establish the fact of ownership of documents is considered by the judge in a general manner with some exceptions. Establishing a fact has its own characteristics. Firstly, a dispute is ruled out. If he is present, then the case is investigated in the framework of the lawsuit. Secondly, the judge has the right to take the initiative in the framework of the process and request documents, call witnesses.
Judges often specifically say what they lack for a decision and where to get the document. If for some serious reason the applicant is unable to obtain materials, the judge will send a request to the appropriate organization.
The rest of the judge also checks the materials for readiness for consideration, he has the right to leave the claim without motion.
Proceedings
The applicant is introduced to his rights and obligations, in particular, the right to challenge the judge and the clerk, to file motions, and to perform other procedural actions.
A special proceeding does not oblige a judge to start a case with a preliminary hearing. He immediately proceeds to the consideration of the merits.
The judge asks for a brief summary of the essence of the problem, then asks clarifying questions.
Usually, a court spends no more than one session on a statement on the establishment of the fact of ownership of a title document. In the absence of the entire set of documents and the need for their demand, the trial is held in two sessions.
Litigants
In a special proceeding, two categories of participants are applicants and interested parties. Defendants as such are absent. This can be seen in any sample application to establish the fact of ownership of a title document.
The first ones replace the plaintiff; the second group includes those who are affected by the decision. This includes either the authority that formalizes the rights to property, a pension or a notary public.
Interested parties may include citizens who are affected by this issue. Most often, the cases concern officials. The judge, considering it necessary, has the right to involve someone else in the trial.
Inheritance
Often, in practice, the question arises of filing an application to establish the fact that the document belongs to the deceased. How to act in such a situation? As a result of the death of a person, his legal capacity ceases, he already does not have any rights. All of them either disappear or pass to the heirs.
The heir has the right to file two applications:
- on the inclusion of property in the inheritance (and, within the framework of the process, to prove that the property belongs to the deceased) until the expiration of 6 months for the acceptance of the inheritance;
- on recognition of ownership, if after submitting the application to the notary more than six months have passed.
Both options are statements of claim. Defendant - property management body or municipal administration. The notary who draws up the inheritance appears in the case in the status of a third party. In the claim, the establishment of ownership of a document is not a separate requirement.