1- How can I prove purchase at the attorney notary public? And what are the types of notary public attorneys? And how can I cancel the documented attorney at the notary public?
- The documents written or authorized by the notary public are official documents and have implementing and proving power.
The attorneys get documented in a quick and easy procedure: As the mandate gets printed outside the office of the notary public and get brought to the notary public by the constituent. Then it gets audited in the notary public and the constituent understands the content of the mandate and the validities given pursuant to it. The constituent agrees to the content and signs the mandate. Then the notary public gives a number to the mandate and sign it and then put a copy of it in his registry and give the constituent his authorized and stamped copy.
- There is an important procedure that be done by the attorney that has any type of mandates related to buying a property as he can put a mark for his favor on the document of the property in the notary public. It’s called the sign of temporary record, and the article (25) from the law of notary public stated this record and said that it can be added by a request from the attorney.
Procedures of canceling mandate:
The cancellation happens through the same notary public where it was document as the constituent issues a notice called (notice of canceling mandate) to the person he mandated. The notary public then puts a mark on the mandate needed to be canceled that a notice of cancellation has been issue and after reporting the attorney, the notary public puts a mark with the red pen on the general mandate stating that the attorney has been canceled and by this all the mandate is canceled and the attorney will not be able to use it after that date. And it will be possible to cancel any act taken by the attorney after that date.
3- How to get limitation of succession that is necessary to move the money inherited by the heirs?
Limitation of succession is a document that get issued to know the names of the heirs and th share of each one of them. It gets issued from the religious courts or civil magistrate courts. The demand of getting limitation of succession should only be submitted by one of the heirs of the deceased provided that his age is above eighteen years old as the demand gets submitted to the chief of the court (civil magistrate court or religious court based on the requested type of limitation of succession) and the applicant of the demand signs beneath the word “applicant” after specifying the name of the deceased at the beginning of the demand, then he shall go to the Mukhtar of the region who authorize the death of the specified person and then specified the heirs. The demand gets submitted to the chief of the court to be signed and stamped and then gets sent to the civil registrar and the financial directorate. The civil registrar fills in the requested information in the third page of the demand and inserts the names of the heirs. After that he goes to the financial directorate that has an authorization from the demand owner in order to know what the legacy contains of money and debits. Then he returns the papers to the court that prepares the document of limitation of succession and then the judge signs it and gives it to the head of the court and keep a copy of it in the court and then gives the stakeholder an authorized copy of the document of limitation of succession.
5- What is the statement of proprietary record, what is its importance and how can I get this statement?
The statement of proprietary record is:
A document that get issued from the notary public where the property is located and it is a copy of the cadaster that carries the date of its issuance as the cadaster can be changed after issuing the statement.
What does it include:
The statement of proprietary record include many fields where the following information can be written: The number of property, the real estate region it belongs to, the legitimate type, the location, the space, the name of the owner or owners if the ownership was shared, the share of each owner, the reason of ownership, the number and date of ownership contract, as well as all the marks put on the property (claims, seizures, mortgages) and the rights resulted from it or on it like the rights of easement, at the date of its issuance.
How to get this statement:
Any person that wants to know the situation of a specific property can apply with a demand of issuing a statement of proprietary record through the notary public where the property is located after bringing the requested legal stamps. It is possible to get a proprietary record for three properties from one proprietary region in one request.
Essential notes that should be considered when checking the statement of the record:
The statement of proprietary record is a copy of the cadaster in its date of issuance only and the cadaster can’t be changed after issuing the statement, so it’s important to pay attention to the date of issuing the statement of proprietary record and making sure that the statement contains the signature of the competent employee as well as the signature and stamp of the secretary of the notary public and it is also important to have the signature and stamp of the competent employee beside any change or correction in the proprietary record.
And anyone that wants to use the statement outside Syria has to authorize it from the Ministry of Foreign Affairs after authorizing it from the competent directorate of proprietary interests and then authorize it from the general directorate of proprietary interests.
7- What is the title deed (known between people as green Tapu or green registration) and what is the proving power giving to the property that get sold pursuant to ownership title? And how to acquire this title?
Title deed: (Known between people as the title of green Tapu) is the ownership title issued from the directorate of proprietary interests where the property is located and it's an official document that proves the ownership of a person to a specific property, and each property has a cadaster in the notary public.
The title deed is a paper from strengthened carton that has light green color and includes information about the property (name of the owner- the portion of the share he owns and description for the property). It also contains the number of property and the name of its proprietary region, its space, legitimate type (where fiscal or personal) and all rights reserved for it like rights of easement as well as all the marks put on it (like marks of claim or seizure or insurance).
The owner, after the passage of /15/ days from vacating the property, can submit a request to organize the title deed. The request can be submitted to the office of auditing at the directorate of proprietary interests and the demand shall be attached to the identity of the owner and the identity of the attorney applicant of the demand and the due charges are a group of stamps that get put on the demand. The deed gets issuing within /10/ days from submitting the demand.
In case of losing the deed, a replacement can be issued for it through a treatment with long and many procedures like putting an announcement at one of the official newspapers. Consequently: The title deed (green tapu) is regarded the strongest document to prove ownership.
9- The rights of commonage owner: I own a common property share I inherited from my mother and the rest of heirs owns the rest of shares, what are my rights in this share and how can I get out of the commonage stage?
For each partner the right to invest his share of property or benefit from its rent for what equals his share. And if any of heirs puts his hands on the entire property, the rest of heirs shall have the right to demand him with the same profit from the date of putting his hands on the property provided that the demand doesn’t exceed 15 previous years.
And regarding getting out from the commonage state: This can happen according one of the three following cases:
Consensual division of property among partners and they can perform a treatment at the survey department and then at the notary public and it's called (treatment of parceling and allocation),
Or selling the property and divide its price in case it was impossible for parceling and dividing this property,
And if they didn’t agree on that, one of the partners can raise a claim called claim of commonage settlement and it gets raised in front of the civil magistrate court where the property is located.
11- My relative allocated me a share of his house that is registered in the notary public, how can I prove this allocation and how can I move this allocation for me in the civil register in the future?
1- The allocation won’t be valid for you if you are one of the heirs of this person but if you aren't one of the heirs, it will be valid for but it will be limited to the third for his possessions.
2- It is possible that he can write an allocation deed for you and sign it along with the signature of two witnesses. But it’s better for you to document the allocation at the notary public because the normal deed isn’t effective in the notary public unless it gets approved by a decision of a judicial judgment and a referral from the Implementation manager.
3- How to move the ownership of a property to your name? The treatment gets done with the head of property documentation office in the region where this property belongs and to approve the allocation, the following documents are required:
( a printed contract of implementing a will- 6 copies- the identity of the person that got allocated and a copy of it- as well as four documents that he can get from the financial directorate what are: Consignment of fees- a financial statement with an acquittal for the property and a voucher of inheritance fees- Also a death statement for the deceased person shall be issued from the civil registry secretariat- a recent statement of real estate record that is only 7 days old- will deed proven with a judgment decision and attached to the referral of the implementation manager, Or the will deed that is documented at the notary public and authorized on a date after the death of the allocator and finally the financial voucher of the real estate fees and there is no need to show the ownership deed under the name of the old allocator owner). After that the person that got allocation shall sign these contracts and after that the ownership of the property will be moved to his name in the cadaster and get the new ownership deed for the share allocated to him under his name.
13- How can I get a judicial decision in order to approve my ownership for a property in the areas of informal settlements because it can't get registered in the notary public?
The buyer shall raise a claim in front of the magistrate of summary justice (in order to describe the current state and hear the declaration of the defendant) against the seller of the property subject of claim. The magistrate shall decide to register the claim without demanding a statement of ownership from the seller and without the need to put the claim signal. Then the magistrate decides the physical inspection on the property and getting sure about the person that lives in it at the date of inspection and specify the state of property, its contents and location. And after getting the report submitted by the expert about the property, the magistrate decides to authorize the report and add it to the claim and listen to the declaration of the seller that he sold the property and took its price and this shall be recorded in the minutes of the session. The interim relief judge issues a decision stating that based on the request of the claimant the description of the current state got approved and the declaration of the defendant regarding selling was heard. And we must indicate here that this decision still not effective and impossible to implement at the notary public for the nonexistence of this property in the records of property registration in the first place and you as a buyer shall suffice with proving your ownership and getting a copy of the judicial rule. Attached to the report of the state and the chart of the expert.
15- The difference between the cadaster and provisional register: While I was buying a residential apartment I was told that it’s registered in the provisional register and the owner will evacuate the apartment for me with the provisional register, so what is this register and what is the proving power it has and doesn’t it differ from the permanent cadaster?
The cadaster is: A group of documents that show the description of each property and state its legitimate type and state the rights put on it and for it, and also shows the treatments and amendments related to it. And because of the credibility and stability of this register for dozens of years, it achieve assurance for Syrians in everything related real estate property. The title deeds (green tapu deeds) get issued based on the records of this register.
And regarding the provisional register, it’s the integrative part of the cadaster. This register documents all types of selling related to unsorted houses and slots before implementing construction (like selling on charts) and everything related to lands prepared for construction inside organizational plans. Registration for these rights and selling happen according to the followed procedures in the law of notary public.
The proving power for the records of cadaster and provisional register is the same.
17- For completing a license for a property I own the municipality asked me to bring (survey statement and survey chart) how can I get them and what is the difference between them?
1-Cadastral survey is a formal document issued by (Survey department) at the directorate of real estate, this statement is issued for properties where area isn't final "i.e.: identification and edit works hasn't completed yet", Cadaster statement includes: inexact area that may contains error rate of 15%, it includes several fields for property number, real estate zone, area in numbers and words.
As for areas where identification and editing processes are done, the area becomes final where real-estate register for the required property is issued including the exact area hence, there won't be a need for Cadastral survey.
2-Cadastral plan: is an official document showing the property borders from all four sides, its' area, overall plan of properties located at its' zone. Cadastral plan is prepared by specialists technicians under supervision of real estate judge when conducting the process of identification and editing of real estate zone. Cadastral plan is given by Survey department where the property is located.
19- At Yarmouk camps of Palestinian refugee, status of housing's ownership varies, what is the status of those ownerships and what is the probative force of each of those status?
There are several ownership types at Syrian areas and Yarmouk in specific as well, the major ownership types are:
1- Ownership registered at real estate registry, which is known as "the Green Tapu", the strongest ownership proof among ownership types.
2- Ownership based on judicial judgment made. It acquire its' power from the referring of registered claim at real estate registry to favor of claim in which this judicial decision was issued.
3- Ownership registered by power of attorney at notary public, this power of attorney is considered an official document, although the power of attorney is imperative and have the Writ of Execution, it doesn't reflect at the real estate registry unless transfer procedures are done. Despite the existence of the power of attorney, the seller may sell the same real estate to others by new power of attorneys, and the same property may be transferred to others. Meaning that this power of attorney doesn't protect the buyer from collusion and losing his rights in the property he bought if the seller had mala fide.
4- Ownership by ordinary contract between seller and buyer appended by fingerprint, signature and signature of witnesses.
In addition to those types of ownership, residences of Yarmouk camp are unique by special type of ownership named (housing permission, a document that was granted by the General Authority for Palestine Refugees, where it certifies that it has granted to the Palestine Refugee a plot which area is within 50 and 70 square meters for purpose of development, but this ownership is limited and short where the ownership of land remains for the Syrian state represented in General Authority for Palestine Refugees, as for the owner of the property, he owns only the constructions built on the land.
21- What are the main differences between property ownership types: Ownership registered at real estate registry "the Green Tapu", Ownership registered by judicial judgment and ownership registered by power of attorney at notary public?
1- Ownership registered at real estate registry "the Green Tapu":
It's considered the strongest ownership; ownership deed is issued by directorate of real estate and considered a copy of cadaster registered at the directorate. It includes name of owner, area owned, property description and number and zone and easement rights of such property. Person seeking to buy a property shall issue an updated real estate registry since it shows the current owner of the property and signals on property statement "such like lien and acquisition".
2- Ownership registered by judicial judgment:
Where the seller have a copy of judicial judgment issued by one of the civil courts showing a proof for purchasing the property and include the type of the property, its' number and description.
The power and authority of judicial judgment is equal to the ownership at real estate registry "the Green Tapu"
But with taking into consideration the costs of title transfer since it's large costs estimated on the estimated value of property in the financial departments.
3- ownership registered by irremovable power of attorney at notary public
This type of ownership is considered lower than the above two stages.
It shall be
Attention must be paid if the seller owns the property according to a chain of agencies, it must be ensured that this agency exists and that the agency in his possession is newly certified
It is appropriate for the buyer, after getting the power of attorney, to file a lawsuit confirming the purchase, and to place the claim reference accordingly on the property sheet to protect his right to ownership, or to place the temporary registration sign based on the agency.
4- Ownership with a final sale contract only and a subscription (electricity meter):
Where the contract for the sale of the property is made and signed by the seller and the buyer with two witnesses who attended the sale, the sale contract shall include an accurate description of the property with specifying its location from the four sides (description of the property precisely negating ignorance) due to the absence of registration for this property or a specific real estate number.
This type of ownership is regular in irregularities area or estate ownership areas, it's the most weak ownership type where the ownership is based on contract made between the parties. In most cases the land where the property is built is state owned, or private properties of others.
23- How can implement the judgment that includes canceling registration of a property in the notary public?
After getting the final judgment that is attached to a statement issued from the manager of implementation and directed to the head of the notary public, the file of proprietorial treatment that is called (canceling the registration of an inevitable property) gets organized and it shall contain: A copy of the personal identity of the prevailing party, a financial record along with an acquittal within the same financial year. A statement of a recent proprietorial record that is only /5/ days old along with the essential copy of the decision of the judicial judgment attached to the statement of the manager of implementation. This is in addition to civil records for the defendants and they can be acquired pursuant to a letter directed from the head of notary public to the directorate of civil affairs in order to provide the stakeholder with civil records in order to be added to the file. This is in addition to a contract that is printed in /7/ copies and a letter that states the details of financial charges along with the financial voucher that notifies with paying the charges according to the attached letter. The contract of canceling registration gets signed at the notary public and the file gets sent to the registration department at the directorate of proprietorial interests where the cancellation contract gets implemented and the registration of the property returns to be under the name of its original owner within ten days maximum.
25- Correcting the name of the owner in the cadaster: I bought an agricultural property and I couldn’t finish the treatment of evacuation at the notary public because of the difference in the name between the personal identity of the owner and the name written in the cadaster, what shall I do?
The owner has to raise a claim in front of the civil judiciary (a claim of correcting a name in the cadaster) and the claim gets proven by witnesses and a certificate from the Mukhtar. Then a judgment gets issued with correcting the name of the owner as he can correct it based on this judgment.
How does this judgment get implemented?
The project of (correcting the contract’s record) gets provided to the notary public attached to the following documents: The decision of the judgment that decides the correction, the original contract of property under which the owner owned this property, the title deed, a contract printed in /7/ copies and the letter of charges along with the financial voucher and then the contract of correction gets signed in front of the head of the notary public. And after the content of the contract in the cadaster, the seller becomes able to evacuate the property for the buyer.
27- Canceling the right of insurance mortgage
I borrowed an amount of money from the bank and the bank put the mortgage mark on a property that I own in order to secure the amount of loan and after I paid all the installments and became free, I want to lift this sign from my cadaster, how can I lift it?
The mark gets canceled pursuant to a cancellation contract of mortgage insurance right and this contract gets provided to the head of the notary public and the file of this project shall contain the following papers:
The statement of the bank that contains canceling the mark, a contract printed in four copies, the letter of imposed charges, the financial voucher of the impose charges. After auditing the file, the parties of the contract shall attend and the head of the notary public documents this contract and sends it to the registration division at the directorate of proprietorial interest and then the mark get canceled.
29- When my mother was alive, she owned a property that is registered in the notary public, she registered the property for me and my sister half by half and she kept the right of benefiting from the property during her life, now after her death we want to see the house, how can we lift this mark?
After the death of the owner of benefiting right, the mark gets canceled by submitting a contract project to the notary public and paying the imposed charges and documenting the contract in order to cancel the mark in the cadaster.
The file of the contract contains of canceling the benefiting right shall contain the following: A copy of personal identity of the contract parties, attorney of notary public if the attorneys will sign the contract, provided that the mandate should be authorized within /5/ days. A death statement for the owner of benefiting right, a civil record for the constituent, an acquittal from the inheritance department in the directorate of finance, a contract of canceling mark of benefiting that is printed in seven copies, a statement of proprietorial record within seven days, letter of charges and the financial voucher. The contract gets audited and referred to the registration division and the mark gets canceled in the cadaster within the next ten days maximum.
2- What is the legitimate type of property and what is difference between the fiscal property and personal property and the effect of that on inheritance treatments?
The legitimate type of property is specified in two types the fiscal and the personal and to know the type of the property: By the issuance of (a statement of property record with a recent date from the circle of proprietorial interests) as it bears the legitimate type of the property (whether fiscal or personal). - Personal properties: They are the properties that are located in the managerially specified regions inside the organizational chart (like residences- offices- commercial shops- facilities inside the towns and cities). - Fiscal properties: They are the properties that are located outside the areas of urbanization and outside the organizational chart of towns and cities and they are theoretically owned by the government but they can be managed by individuals. (An example of it, the agricultural lands). The effect of legitimate description for the property on the inheritance shares for the heirs: They inheritance shares vary between the fiscal and personal properties, as in personal properties, the legacy in them get divided based on the legitimate basis: The female takes half of what the male takes, and they are subject to legitimate limitation of succession which is a decision that get issued from the legitimate judge based on a report of an authorized inheritance expert. . And regarding the fiscal properties, the shares of inheritance are equal between male and female. This means that the inheritance of fiscal properties is the legal inheritance which is a document that get issued from the civil magistrate based on a report from an authorized inheritance expert.
4- What can I move the property I inherited from my father to my name?
In case of the death of the owner of the property: The ownership of his properties and all his money move immediately to the heirs and the shares get recorded according to the shares specified in the limitation of succession but this movement doesn’t take the legal shape without registering it in the notary public which requires performing the treatment of legacy movement at the directorate of proprietorial interests.
How does the treatment of legacy movement happen?
- The contract project gets submitted in six printed copies (or seven if a copy is added to the security sides). The heir who submitted the demand pays the due fees at the financial directorate. The contract project gets submitted to the chief of the office in order to specify the appointment of signing and documenting the contract. And the following documents shall be attached to the contract:
Limitation of succession (religious or legal) based on the legitimate type of the property as well as civil family records of the deceased persons and the heirs with a recent date that is less than 10 days old. And a financial record for the property along with an acquittal that can be brought from the financial directorate within the same year. And a legacy acquittal that states that legacies fees has been paid according to decree 101 for the year 1952 as well as a proprietorial record that was issued recently within ten days. If the implementer of movement treatment was an attorney for the heirs, he shall attach an authorized copy of the mandate with a day of authorization that isn’t more than 7 days old. The contract gets authorized by the head of the office after getting the signature of the applicants of movement on the copies of contract. And after registering the contract in the notary public: The ownership of the property becomes under the names of the heirs according to the shares they inherited. And the ownership deeds get written under the names of the heirs within ten days from signature.
6- How can I issue a (judicial mandate) for someone absent?
The absent and missing is the person that nobody knows anything about him and it is not known whether he is alive or dead, and the provisions of the missing person are applied on a big number of Syrians who got forcibly disappeared, missing and detained in unknown areas. And till his death is proven, the missing person keeps his ownership till the judge decides to announce his death.
The judicial attorney is allowed to spend some of the missing person's money on his wife and minor children because their alimony is mandatory on the missing person whether in his presence or absence.
How to issue judicial mandate for the absent person?
The demand gets submitted by one of the missing person’s relatives to the religious judge attached with the following papers: Civil registry record: For both parties and it can be acquired from the civil registry, as well as an extract from the criminal register for the attorney. In addition to an authorized copy for the police minutes of being missing along with a certificate from the Mukhtar. After that the religious judge issues the judicial mandate for the missing person in the consultation room after short period and simple procedures.
8- Selling property in public auction: Someone repeatedly threatens me that he will sell my office in public auction if I didn't pay him his debt I took from him. Can this person sell my property whenever he wants? And how does this process of selling in public auction happen?
- No, the creditor cannot sell your property in public auction by his own decision because selling property in public auction happens based on a final judgment from the court, or based on a managerial decision (from the minister of finance for example) and the selling happens in public auction through the chief of enforcement. The most popular cases of this type of selling: refusal of the debtor to pay debt to the creditor with the existence of a trust receipt. In this case the creditor puts the mark of provisional seizure on the property of the debtor and then it changes, pursuant to a decision from the court, to executive seizure. The same thing happens when the bank puts a mark of executive seizure on the cadaster of a property under seizure when the debtor delays in paying the loan. It also happens for the commonage settlement for the property though the court as the property gets sold and its price gets divided on the partners according to their shares.
- How does property get sold in public auction? The selling gets executed through the “implementation circle” based on the final decision of the court and the invitation for the public auction starts and the auction gets earned by the one that provides the highest offer “highest number”. Then the chief of implementation issues a decision of referring the property of the auction to the person who won it and then writes a letter directed to “secretariat of the notary public” in order to move the property under the name of the buyer. The contract gets written and attached to a group of documents like referral letter written by the chief of implementation. Acquittal from the ministry of finance. Along with a statement of financial record of the property, and a statement of proprietary record for the property. And a civil record for the owner of the property (the sentenced) and a copy of the personal identity of the buyer (judgment creditor) and write a proprietary contract from /6/ copies. As well as a financial voucher with the due charges and then the ownership gets moved to the person that won the auction. And for reminding only, the Syrian Minister of Justice has issued in February 2018 a decision that prohibits selling in public auction before getting the security approval.
10- Can the person that doesn’t own a personal identity get his share of inheritance from a property in front of the notary public, and can he write a mandate of selling property at the notary public?
The origin is that the person can sign in front of the chief of the notary public office or in front of the notary public by his personal identity or valid passport and in case he lost both of them, the minutes wrote at the competent sides shall be accepted with the notice of getting a replacement for the personal identity. As well as a statement of civil record that carries the picture of the stakeholder and it shall be marked with the stamp of the Mukhtar of the region in addition to two witnesses that recognize the stakeholder in front of the notary public and their fingerprints shall be added in the draft of the deed wrote at the notary public originally or at the chief of the notary documentation office.
12- I want to raise a claim on the heirs of someone and the doesn’t get accepted unless I attach a document of limitation of succession but the heirs don’t want to give me a copy of this document, how can I issue limitation of succession knowing that organizations only issues it for the heirs and I'm not one of them?
When a person needs to raise a claim on the heirs of someone died and they didn’t issue a limitation of succession or refused to give a copy of it to the claimant, and since the claimant needs to know the heirs in order to mention them in the claim's summon, he is obliged to issue a limitation of succession. The solution found by law is that law allowed the claimant to issue a limitation of succession that is related to the claim he will raise and he shall submit a demand to the court that he will raise the claim in in order to get permission to issue limitation of succession related to the claim and this permission decides to get the limitation of succession. Her the claimant should search to know the civil register related to the deceased person (class number in the domicile department) and get a family record for the deceased person from the civil status.
A limitation of succession related to the claim get issued according to the ordinary procedures and doesn't need a referral to the financial directorate. The religious judge or the magistrate (according to the limitation of succession) shall issue the document under the name: (Limitation of succession related to the claim) and it’s not allowed to use this limitation of succession for any purposes other than this claim exclusively as for example the heirs can’t get an authorized copy for it or use it to transfer the money of the deceased person or for other purposes. That is because this deed is a limitation of succession that is exclusive to the claim.
14- We got forcibly displaced from Damascus countryside to the north and left our houses. After that, law no.10 got issued and other laws that demands to submit proofs of ownership. What can we do to protect our properties?
A group of primary advices for displaced owners to protect their property rights in their original places of residence.
1- It’s useful for houses and properties owners to: Keep all papers and documents that prove their ownership like (ownership deeds- attorney of buying the property or housing that is documented in the notary public if it's available- legal and legitimate documents of counting inheritance- decisions of judgments issued from courts- allocation decisions issued from residential associations). And it’s also useful to keep any document that will help in defining ownership like certificates of water, electricity and landlines subscription and vouchers of tax circles.
2- Regarding normal selling contracts (or customary contracts) that is entitled with a fingerprint or a signature: It’s recommended to localize these contracts at the notary public which means keeping the contract as a consignment in the notary public and getting an authorized copy for it that is marked with the sentence: Origin of this copy is kept with us under a number and a date pursuant to article 9 from the law of notary public no.15 for the year 2014.
3- Regarding attorney of buying properties or housings that are registered at the notary public: There is an important procedure that be done by the attorney which is putting a sign to his benefit in the notary public. It's called the sign of temporary record. This is a temporary precautionary measure or procedure with the purpose of keeping rights and informing all people about the existence of a right for other in this property.
4- Reconciliation on ordinary contracts with what is called endorsement of deed by paying the fee of stamp at the financial circle: It’s regarded a useful procedures because it gives the deed an additional power.
16- We are three partners that equally own a property and we agreed on sorting it consensually into three properties in order to allocate a property for each one of us, so what is the method of doing that?
The consensual sorting occurs by submitting a demand to the notary public (in order to commission a surveyor to sort and allocate) that get registered in the notary public and then it gets referred to the survey secretariat where the file gets handed to an engineer or an expert surveyor. And then an appointment gets specified and told to the stakeholders. The specified appointment the survey team (engineer with the surveyor and his assistant along with equipment) to the position of the property as the property gets drawn and divided on the ground and a technical project, that include technical charts that state the drawing of the property after sorting, gets written and attached to the minutes of boundaries to accurately set the borders of every new property.
All the file gets referred to the notary public which refers it to the municipality or the governorate or the directorate of technical services in order to authorize the sorting. After authorization the file gets referred to the financial directorate: In order to specify the financial value of the new sorted properties and finally the sorting contract gets written by the office a proprietary facilitator (treatment facilitator) and get attached to the following documents:
- The original title deed of the property before sorting.
- Statement of new financial value in order to count the charges based on it.
- A statement of proprietary record issued from the directorate of proprietary interests with a recent date (less than ten days).
- Financial record: From the financial directorate and it must be within the financial year.
- A financial voucher with the charges along with a letter with the details of the charges.
- A copy for the personal identity cards for the owners.
- A deed poll certificate that is authorized at the notary public that indicates the absence of any rights in rem for others in the original property.
After that the file gets put at the chief of notary public in order to get audited and an appointment gets specified for the parties to attend and sign the contract in front of him in order to document the sorting.
The file of the contract moves to the notary public where a new pages get opened for the properties that resulted from the sorting process and allocation. The new properties get registered under the names of the new owners and then the new title deeds get issued with new numbers and get handed to the owners.
There is a very important point which is if the property is located outside the organizational chart, it can’t be divided into properties that less in space than four thousand cubic meters but if the property is located inside the organizational chart, the space won’t form a problem but the sorting has to conform to the system of the municipality or the governorate.
18- How can a subscriber member at housing association waive his membership to others?
a. After the issuance of decree No. 36 for 2014, it becomes permissible for a member to waive his membership number or subscribe or house allocated. This can be done under article /1/ by one the following ways: waiving before the housing association or Waiver by judicial judgment of membership replacement.
1- Waiving before the housing association
Where both parties agree on the status of the assignor at the association (saver, subscriber, allocated to, or housing recipient) against an agreed amount, this include waiver, name of association, number and date of receiving request, name of assignor and assignee, subject of waiver and approval of board of directors on waiver. Board of director's approvals is then accompanied with waiver approval and the association submits the request to the Housing Cooperative Union that authenticates the waiver and adds incoming number at registration records.
b. Waiver by judicial judgment (membership replacement):
- Judgment shall be imperative and having the Writ of Execution at the execution circuit. "Where the judgment is submitted to board of directors to take all required actions mentioned above. Documents to be attached according to status of the member, within 15 days of submitting the request to the association board of director's resolution will be issued, and within another 15 days after the issuance of board of director's resolution to the subsidiary housing cooperative union. Accordingly, the assignee become the eligible party of this membership and acquires the capacity of (saver, subscriber, allocated to, or housing recipient).
20- One person may own one two or more properties next to each other, and he want to unify them in one property, what is the purpose of such unification and what procedures are required?
a. Purpose of such unification: Owner of contiguous properties would like to construct a large area building on the contiguous properties and he can't get a license unless it's one property with the minimum area required. He may then tend to conduct unification transaction which is classified as a technical transaction owners of contiguous properties may do, this technical transaction is known as "merging and unification".
b. Terms required performing the unification transaction:
Properties are contiguous, at same real estate zone. They shall be also from the same legal category (i.e: it isn't permissible to unify a property of "Shari ownership- susceptible to full ownership" with a property of " amirié (or miri) – Land owned by the State" property. A property with higher number to be unified with properties with lower numbers, registries of small properties to be voided.
c. stages and procedures of this transaction:
1- Submit a request to real estate commission to assign a technical with cadastral records of required properties to assure non-existence of signals prevent performing the unification transaction "such like lien and acquisition" and verify names of properties' owners.
2- The necessary assignment is organized by the Costs Division, which refers it to the Survey Department in order to organize the technical project, where a sworn engineer is assigned to move to the ground in order to inspect the properties, and he draws the technical charts that reflect the shape of the properties after unification, and the organize boundaries including the description of the properties.
3- The project to be transferred to real estate registry where the project will be handed to property's owner, and then it will be transferred to the municipality or the governorate to authenticate the technical charts.
4- Upon completing the legal documents, the unification contract is made (7 copies of contracts, financial statement from finance directorate where the property is located including the financial value before and after unification where charges required on differences between the value before and after unification is calculated.
5- Transaction to be documented before head of real estate registration, and registered at the Survey Department.
6- Authenticated contract to be transferred to registration division where the registrar voids registries of properties that have been unified and to place an encumbrance of equitable lien upon the cadastral certificate of the unified property of this transition and the title, finally, the title is transferred to the competent official to hand it to the property owner.
22- How can I get a statement of ability to disburse seizure allowance?
After moving the ownership of the seized property from the name of the owner to the name of the seizing side, the owner shall submit a demand to the directorate of proprietorial interests asking to give him a statement of (ability to disburse seizure allowance).
The demand gets provided to the office of auditing in the directorate of proprietorial interests attached to the following documents: A copy of the personal identity of the applicant of the demand as well as a proprietorial record for the seized property and a financial record for the property that is issued within the financial year along with a comprehensive acquittal issued from the financial directorate and two acquittals from the water and electricity facilities and a group of stamps with different types and values get added to the demand.
After submitting these demand, the owner gets a paper from the auditing office that carry the number of the demand and the date of submitting it. After that the statement of (ability to disburse seizure allowance) get issued within a period that is between two and seven days. The owner goes to the financial department of the seizing side and submit the statement of ability to disburse seizure allowance to it and take the value of the seized property.
24- How to get a contract of easement of passage: I own a property that is surrounded from all sides and I used to use my neighbor’s property to reach my property without any objection from him but his heirs now prevents me from passing in the land-- How can I get a contract of easement of passage and how to register it?
There are two ways to get the easement right of passage in a neighboring land as the easement right of passage gets proven either by commitments imposed by law and registered in the cadaster. Or through sale agreements held between the owners of properties.
The first case: Agreement of the two parties to buy easement right of passage in order to reach the public road after agreement on the price of the right and the location of the road and its width. The two parties sign the contract and a chart shall get drawn for that road from the property.
The second case:
When it is not possible to have an agreement between the two parties, the owner of the surrounded property shall have the right to raise a claim (that proves an easement right of passage) as the court issues its decision with registering this right in return for a fair compensation for the owner of the property committed to implement this right.
How to register this right?
The easement right gets registered in the notary public pursuant to a legitimate contract that gets provide to the notary public and the file of this contract shall contain the following papers:
A statement of proprietorial record for both properties, acquittal for both properties, copies of personal identities for all parties, title deeds of the two properties concerned in the easement right, a contract that is printed in /7/ copies and the letter of charges and the financial voucher. As well as a copy for the decision of the judicial judgment attached to the statement of the implementation manager and a statement of civil record for the losing party along with a chart that states the location of the easement right. This file gets handed to the head of the notary public and he specifies an appointment for the parties after auditing the file.
The parties attend at the specified appointment and the contract gets documented and a new appointment gets specified for the technical inspection as the parties attend to take the survey team to the location. After completing the process of the technical survey, the parties sign on receiving the location of easement and by that the approval of easement right ends.
26- How can register a mark of interim consensual record on a registration of a property that I bought and hasn’t moved its ownership yet?
The mark of interim consensual record gets put on the cadaster pursuant to a project contract that gets submitted to the office of notary public and the file of this project shall include: Copies of the personal identities of the parties. A proprietorial record statement that is issued recently within /5/ previous days, a contract that is printed in /7/ copies, letter of financial charges as well as the financial voucher.
In case putting the record pursuant to a mandate (it will require providing a mandate that is authorized from not more than five days) with a recent civil record for the constituent. And if the property subject of the contract falls within a borders area, it will require bringing a border license from the ministry of interior to put this mark.
28- How can I register my share from a residential association in the notary public?
The allocation contract gets registered by submitting a contract project to the head of the notary public attached with the following documents: Allocation statement from the management of the residential association as well as statement of commissioning the representative of the association who will sign the contract of allocation and a survey statement from the survey department and copies of personal identities of all parties that will sign, acquittal from the ministry of finance within the same financial year, a financial record statement and the title deed. And after auditing the contract by the head of the notary public, the parties sign on it and it gets document by the head of the notary public and the contract gets referred to the registration division to be registered under the name of the person that got allocation.
30- How the mark of clam get registered or canceled?
The mark of claim get registered or canceled at the notary public in the same procedures. As a file of contract project gets prepared and the imposed charges get paid and the file shall contain the statement issued from the court that decided to put the mark or decided to cancel it along with a statement of proprietorial record that is issued within five recent days prior to the date of documenting the contract, a printed contract in four copies, the letter of imposed charges and the payment voucher and the contract shall paid a varied group of stamps and the values of these stamps change every while. The head of the notary public documents this contract the mark get registered or canceled within one week maximum.
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