Today, in an era when every person seeks to preserve and increase the benefits earned by honest labor, it is not uncommon to encounter situations in which people appropriate other people's property for themselves. Family feuds and wars between neighbors are a thing of the past, and the battlefield for resolving such conflicts has migrated to numerous courtrooms, where the court, taking into account all the statements of the parties, makes a fair decision.
What if the property belonging to you was in the illegal possession of another citizen? The most correct way would be to apply to the court with a statement of claim for the recovery of property from illegal possession. We will tell you how to properly compose and sell it in our article.
In what cases is it served?
Situations in which the interests of the alleged owners collide are not always resolved by filing a claim for the recovery of property from illegal possession. It all depends on what the legal grounds for the claim are and what the ties between the parties are.
So, for example, if we are talking about the claim of one person, for property that belongs to him by right, but transferred to a third party as part of a sale and purchase transaction, then it is the claim for the recovery of property that is filed. If the plaintiff is not a party to the sale and purchase transaction, then the claim for recognition of the transaction as illegal must be based on the satisfaction of the claim for recovery.
Info
Claims in which the owner proves his right to own property are called vindication. As part of such statements of claim, the plaintiff is obliged to prove the unlawfulness of possession of the thing by the defendant. Not a small role in such cases is played by the good faith of the defendant, as the copyright holder.
Good faith and bad faith acquisition
It is not uncommon that persons with access to documents and partial rights to property conduct transactions for the sale of property, on partially legal grounds. In such situations, the acquirer is recognized as bona fide if he was not aware that the transaction violates the rights of the true owner. In such cases, the matter does not end with a simple alienation of the rights of the acquirer. If the owner transferred the property of his own free will to a person who subsequently conducted an illegal transaction with bona fide purchaser, then the plaintiff will be able to achieve only compensation for the cost of property and damages.
The plaintiff is not entitled to demand compensation for income from a bona fide purchaser, which he received from the property, during the period of entry into possession until the moment of notification of the illegality of possession. That is, from a person who honestly acquired, for example, an excavator, which was subsequently leased to him, the true owner will be able to claim compensation of income only from the moment when a copy of the statement of claim falls into the hands of the acquirer.
So the plaintiff has the right to claim his thing from a bona fide purchaser only in the following cases:
- If the thing was lost by the owner, after which it was acquired by the real defendant;
- If the property was lost by a person to whom the owner gave it for use, after which it was bought by the defendant;
- If a thing or property was stolen from the owner, after which it was acquired by the defendant;
- If the property has retired from ownership without the voluntary consent of the true owner.
Attention
This list is provided for in Art. 302 of the Civil Code of the Russian Federation. That is, in order to return a thing, it is necessary to prove not only the fact of ownership, but also the fact that the property was alienated without the voluntary consent of the owner.
The situation is different with unscrupulous purchasers who have taken possession of the property, knowing that the person carrying out the transaction is not empowered to alienate the property. The fact of bad faith must be confirmed, because in such cases the plaintiff has the right to demand from the defendant not only the return of property, but also compensation or return of income from property for the entire period of illegal possession.
Drawing up a claim
As already mentioned, it is the plaintiff's responsibility to provide all kinds of evidence that will allow the court to establish the true owner. At the same time, the true owner may be not only the applicant, but also an interested person in a statement of claim for the recovery of property from someone else's illegal possession.
As an evidence base, both documents can be presented that can indicate the connection between the owner and the property, as well as all kinds of photos, video and audio files confirming this fact. So, for example, when handling a vindication claim regarding an antique icon that was stolen or stolen and then resold by a criminal, photo and video materials confirming that the plaintiff had an object of art before theft will serve as evidence. Also, the evidence base will include documents confirming the fact of robbery (inventory of stolen property), and documents on the basis of which the owner owns this property (for example, a will, the text of which mentions the transfer of an icon to a specific person).
Thus, before making a claim for the recovery of property from illegal possession, it is worth acquiring strong evidence, and not a small amount of patience, because the acquirer will try to bring counter arguments to the court that allow him to continue to own the property. In such a case, the help of a legally savvy specialist will be simply necessary. A competent lawyer will help you not only to draw up a claim and correctly draw up and submit an application, but also, if desired, will be able to accompany the case in court, which is very important in property dispute proceedings.
How to apply?
Statement of claim for the recovery of property from someone else's illegal possession compiled according to the following structure:
- Application header:
- The name and address of the court where the claim is being filed. The consideration of vindication claims is carried out by the district courts at the place of residence of the plaintiffs;
- Claimant: full name, address of registration and residence, contact details;
- Respondent: Full name, residential address. You can provide more complete information if it is known;
- Interested party. If the owner and the plaintiff are not the same person on the application, then it is worth indicating the data of the true owner of the property in this column;
- Title: "A statement of claim for the recovery of property from someone else's illegal possession";
- The body of the document should contain the following information:
- How, when and under what circumstances the owner took possession of the property;
- Under what circumstances did the loss occur?
- Provide a link to documents confirming the rights to the disputed object;
- How and under what circumstances it became known that the defendant owns the property;
- What facts indicate the bad faith of the acquirer;
- Whether the offer of a voluntary return by the true owner figured. If yes, then it is worth citing the refusal written by the defendant;
- Give legal grounds that allow the court to recognize the right of ownership for the owner and fulfill other requirements of the plaintiff;
- The petition may contain not only a demand for the transfer of property, but also a possible reimbursement of the income from the property;
- The list of attachments to the application must contain:
- Copies of the statement of claim by the number of parties;
- Documents confirming the right of the owner to own the property;
- Receipt of payment of the fee;
- Evidence base;
- Date of submission of the application;
- Signature of the applicant with transcript.
Property proceedings are a rather complicated and protracted process in which there are no known guilty parties. Only by preparing a sufficient amount of evidence, and arguing his position, the owner will be able to return the property to himself. The best thing to do would be to consult a qualified lawyer. civil affairs to accompany your case in court. This will greatly increase your chances of success.
Sample
Sample
AT __________________________
(name of court)
Plaintiff: ______________________
(full name, address)
Respondent: ___________________
(full name, address)
Claim price: ___________________
(full amount of claims)
Statement of claim for the recovery of property from someone else's illegal possession
I am the owner of _________ (name of property) on the basis of _________ (indicate the grounds for the plaintiff's ownership of disputed property, indicate the full details of the documents, for real estate, indicate the registration of ownership in the USRR).
"___" _________ ____, the said property left my legal possession _________ (indicate the reasons and grounds for the disposal of property from the plaintiff's legal possession). The property is in the unlawful possession of the defendant, since _________ (indicate the circumstances of the unlawful possession of the disputed property by the defendant known to the plaintiff).
During the period of illegal possession, the defendant derived income from the use of my property in the amount of ____ rubles, since _________ (indicate the grounds for calculating income for the time of illegal possession of someone else's property). The defendant refused to voluntarily return the property belonging to me by right of ownership, motivating his refusal by the fact that _________ (indicate the reasons for the defendant's refusal to return someone else's property on a voluntary basis).
Based on the foregoing, guided by Article 301 of the Civil Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,
- Reclaim from someone else's illegal possession of _________ (full name of the defendant) the property owned by me by right of ownership _________ (name of property).
- Collect from _________ (full name of the defendant) in my favor the proceeds from illegal possession and use of property in the amount of ____ rubles.
List of documents attached to the application (copies according to the number of persons participating in the case).
Reclaiming property from someone else's illegal possession is considered one of the ways for the owner of a thing to protect the rights arising from him in accordance with the norms of civil law. In the article below you will find information on the procedure for returning such property and how to go to court in case of a similar problem.
Vindication in civil law
Quite often, situations arise in practice in which the actual owner of a thing may lose the opportunity to use it. The reasons may be different: things are lost, stolen or fall into third hands in other ways that do not require the consent of the owner.
Subsequently, such property can be sold or donated to a new owner. A series of such transactions may give the impression of their legitimacy, since subsequent buyers may not be aware that the thing was seized from its real owner in violation of legal requirements. Nevertheless, the law protects the interests of the original holder of material value, which allows him to restore his rights in various (even the most difficult) situations.
In particular, art. 301 of the Civil Code of the Russian Federation grants the owner the right to reclaim property from someone else's illegal possession. The claim filed with the court in this case is called vindication (for details on what kind of claim this is, you can read). Legal basis such proceedings are enshrined in the provisions of Art. 301-303 of the Civil Code of the Russian Federation.
However, a vindication claim is accepted for consideration only if:
- The property is used by third parties without legal grounds.
- The owner of material value cannot use it.
- The subject of the claim (illegally alienated tangible asset) remained in its original form at the time of going to court.
The fact of illegal possession of property as a prerequisite for its recovery
The owner of a thing or its title owner may exercise his right to claim property from someone else's illegal possession only if it was lost against his will.
The basis for recognizing this fact may be:
- Possession by a third party of property without any legal grounds (for example, if the thing was stolen or, when the owner lost it, was appropriated by the finder).
- Termination of existing legal grounds for using the thing (for example, if the lease agreement for the premises has expired, but the tenant continues to use it).
- The invalidity of the circumstances on the basis of which the material value passed from one person to another (for example, if the concluded transaction turned out to be invalid - void or voidable).
From the fact that a thing is in the possession of a person to whom it does not belong, it follows that its lawful owner cannot use it and exercise all the rights he has in relation to it.
The fact of the voluntary transfer of the thing by the owner to a third party is the basis for refusing to satisfy his vindication requirements.
Signs of property subject to reclaim
The right to claim property from someone else's illegal possession arises only if it has some features that allow it to be identified.
These signs may be:
- factory numbers;
- inventory numbers applied to the thing in the course of putting it on the balance sheet of the enterprise / division;
- other tags, markings or identification marks on the item.
If the property is destroyed, appearance or the internal components have been adjusted or the characteristics have been changed so much that it cannot be identified as the subject of a dispute, it will not be possible to present a claim for vindication.
In the presence of such conditions, the owner of the thing can protect his interests by filing a claim for compensation for the harm caused to him (Article 1064 of the Civil Code of the Russian Federation) or compensation for unjust enrichment (Article 1102 of the Civil Code of the Russian Federation).
Parties to a claim in the recovery of property from someone else's use
Based on the requirements of Art. 301 of the Civil Code of the Russian Federation, the legal owner of the rights to this material value may become a plaintiff initiating proceedings to recover property from someone else's illegal possession. In addition, according to Art. 305 of the Civil Code of the Russian Federation, a similar right may arise for the title owner, i.e. a person who does not have the status of a legal owner, but owns property by the right of lifelong inheritable possession, economic management, operational management or on other grounds provided for by law or a valid contract.
The title owner may act to protect his interests in relation to the rightful owner of the value. So, upon presentation of such a requirement both by him and the official owner, the thing is returned to the title owner. For example, if there is an agreement to lease the premises, the leased property illegally held by a third party is transferred to the tenant and not to the landlord.
The person who actually possesses it becomes the defendant in a claim for the recovery of property from someone else's illegal possession. This can be both a subject who illegally took possession of someone else's property, and a person who received a thing from a citizen / enterprise who did not have the right to make such transactions.
The nuances of the owner's recovery of property from someone else's illegal possession
If the material value is kept by a person who could not use it due to the lack of necessary rights, the plaintiff may demand its return without observing any conditions.
If the thing was transferred by such a person to a third-party acquirer, the following nuances of recovering property from someone else's illegal possession arise:
- If the illegal owner was an unfair purchaser (that is, at the time of purchase he had information that the seller had no rights to the realizable value), such a thing is sent to the owner, regardless of other circumstances of the proceedings.
- If the new owner was a bona fide purchaser (i.e., did not know who was the legal owner of the property), the owner can demand return only if the thing was lost by him or the person who used it due to theft or other circumstances , not subject to his will (clause 1, article 302 of the Civil Code of the Russian Federation).
- If the new bona fide owner received the thing free of charge, it must be returned to its rightful owner, regardless of the presence / absence of those listed in paragraph 1 of Art. 302 of the Civil Code of the Russian Federation factors (clause 2 of article 302 of the Civil Code of the Russian Federation).
- If the object of ownership held by a bona fide purchaser is money and / or bearer securities, the claim in question cannot be filed (Clause 3, Article 302 of the Civil Code of the Russian Federation).
It is also important to remember that paragraph 5 of Art. 10 of the Civil Code of the Russian Federation establishes the presumption of good faith of participants in civil legal relations both in the general case and in the case of a person possessing someone else's thing in particular. Thus, the burden of proving the fact of bad faith of the acquirer of the thing falls on the initiator of the trial.
Rights of parties to litigation
Plaintiff, in accordance with the provisions of par. 1 st. 303 of the Civil Code of the Russian Federation, has the right to demand:
- from an owner in bad faith - the return of all income received by him as a result of using the thing, or compensation for all income that its owner could have received if he had possessed it during the time during which it was with the owner in bad faith;
- from a bona fide owner - the return of all income received by him from the moment he learned about the illegality of the fact of his possession of the disputed thing, or the reimbursement of all income that its owner could have received during the same time.
The defendant (bona fide or dishonest owner), according to the provisions of par. 2 tbsp. of the same article, has the right to demand that the plaintiff reimburse the costs incurred by him for the maintenance of the thing in the period for which the amount of income received by him was calculated. The expense must be reasonable and actually improve the item's features and/or functionality.
In addition, par. 3 of the same article indicates that a bona fide owner may keep all the improvements he has made to the property, provided that they can be separated from the property without damaging it. If such a separation is impossible, he has the right to demand from the owner of the thing compensation for the costs incurred for the improvement, provided that their amount does not exceed the amount by which the value of the property was increased.
How to go to court?
By general rule established by Art. 28 of the Code of Civil Procedure of the Russian Federation, a claim for the recovery of property from someone else's illegal possession is filed with the court at the location of the defendant, that is, the person who has the thing at the time of the start of the trial.
The claim must indicate:
- the name of the court in which the claim is filed and the address of its location;
- Full name or name of the plaintiff and his contact details (address, telephone, e-mail);
- Full name or name of the defendant and his contact details;
- the basis according to which the right to the disputed thing belongs to the plaintiff (testament, extract from the USRN, etc.);
- information about the loss of property from the plaintiff against his will;
- information about the presence of the disputed item in the possession of the defendant;
- unlawfulness of the use of the thing by the defendant;
- information about the violation by the defendant of the legal rights and interests of the plaintiff;
- the date of the application;
- list of documents attached to the application.
Term limitation period(i.e., the time during which the plaintiff can declare his violated rights to the court) is 3 years from the moment when:
- the plaintiff learned that his rights were violated;
- there was information about the whereabouts of things that were previously considered lost.
Missing the deadline is grounds for refusal by the court to satisfy the claims stated in the claim.
Documents attached to the application
The claim must be accompanied by:
- a copy of the claim (the number of copies depends on the number of defendants);
- receipt of payment of state duty;
- a document confirming that the plaintiff has the right of ownership to the thing that is the subject of the claim;
- grounds confirming the existence of the subject matter of the dispute in its natural form;
- calculation of the amount of income received by the purchaser of a thing or income that could have been received by its legal owner (if such income exists);
- a power of attorney addressed to a third party to represent the interests of the plaintiff in court, if a lawyer or other third party acts on behalf of the plaintiff;
- other documents relevant to a particular litigation.
Claim of movable property
The subject of a vindication claim can be any property, both immovable and movable. The legislator does not establish fundamental differences in the procedure for claiming such things from a person who uses them without legal grounds. However, when applying to the court with a statement of claim for the recovery of such property, it is worth remembering that the application must be accompanied by title documents confirming the fact that the plaintiff has ownership of the disputed thing.
For real estate, such a document is an extract from the USRN, which replaced the USRR (the Plenums of the Armed Forces of the Russian Federation and the Supreme Arbitration Court of the Russian Federation refer to it in paragraph 36 of their resolution “On Certain Issues ...” dated April 29, 2010 No. 10/22). The list of civil law grounds for confirming the right of ownership of a movable thing in order to recover movable property from someone else's illegal possession is established by the provisions of Art. 218 of the Civil Code of the Russian Federation:
- a contract for the sale of movable property (for example, a vehicle);
- donation agreement;
- exchange agreement;
- testament, etc.
It is worth noting that it is much easier to seize movable property from its rightful owner than real estate. After all, it is impossible to lose or steal an apartment (in the truest sense of the word), but a thoroughbred dog, for example, or mobile phone it is much easier to lose - which is why vindication claims in relation to such things are filed much more often.
State duty
When claiming property from someone else's illegal possession, the state duty is paid by the plaintiff. A vindication claim is a claim of a property nature, therefore the amount of the state duty paid when it is filed with the court is calculated based on the value of the thing that is the subject of the claim (Article 91 of the Code of Civil Procedure of the Russian Federation and 103 of the APC of the Russian Federation).
The principle of determining the size of this indicator depends on the subject of the claim:
- the state duty for real estate is calculated based on its cadastral value;
- for movables - based on the amount indicated in checks, invoices or other documents received upon its acquisition, if the material value was not used. To calculate the value of a thing, taking into account natural depreciation, it is worth contacting independent appraisers.
The procedure for calculating the amount of the mandatory payment is established:
- sub. 1 p. 1 art. 333.21 of the Tax Code of the Russian Federation - for claims filed with an arbitration court (the minimum state duty in this case is 2 thousand rubles, the maximum is 200 thousand rubles);
- sub. 1 p. 1 art. 333.19 of the Tax Code of the Russian Federation - for claims filed with a court of general jurisdiction or a justice of the peace (the minimum state duty in this case will be 400 rubles, the maximum - 60 thousand rubles).
If the plaintiff wins the case, all court costs, including the state fee in the amount paid, are reimbursed to him. If the claim is partially satisfied, the state duty is returned in proportion to the satisfied claims. If the claim is denied, the state duty is not returned and remains in the local budget, where it was paid.
So, the recovery of property from someone else's illegal use (vindication in civil law) is carried out in court within 3 years from the moment the owner actually loses the thing belonging to him or the information about where it is located appears. Mandatory conditions for filing a vindication claim are:
- the fact of loss by the owner of the thing belonging to him;
- the fact of illegal possession of such a thing by a third party;
- the fact that this thing has been preserved in its original form, which makes it possible to distinguish it from other similar things.
The procedure and rules for recovering the subject of the dispute from the new owner of the thing depend on whether the acquirer was in good faith or in bad faith.
The owner can transfer the right to use his own property to other persons on a voluntary basis - by drawing up a lease agreement. Sometimes it turns out to be illegal. In this case, a claim is filed for the recovery of property from someone else's illegal possession.
Vindication claim, what is it, article of the Civil Code of the Russian Federation
Under article 301, a document is called on the recovery of property by its owner from someone else's illegal possession. It has a non-contractual nature, that is, the parties to the process are not bound by obligations regarding the disputed object. An objection is filed for consideration and study in the Arbitration.
The legislation has requirements for filing a document:
- the subject must be an individual specific thing - for example, a car, an apartment, a land plot, etc.;
- it must be the property of another person;
- the defendant must be a citizen who has this thing illegally.
VI concept
When filing a statement of claim, the plaintiff must prove ownership of the subject matter of the claim. This obligation is regulated by Article 65 of the APC.
Consequences of vindication:
- dishonest owner returns or compensates for the profit that he received during the period of use;
- the illegal owner demands to return the costs that he incurred to improve the object. It does not matter whether this citizen is conscientious or not;
- an honest buyer who has made a separable improvement keeps the thing for himself.
Important! By the time the application is submitted, the thing must exist.
In what cases is it permissible to recover property from someone else's illegal possession
Demand to seize property is allowed in such cases:
- when the rightful owner has lost material values. At the same time, the reasons for the loss and circumstances are important;
- when the thing is lost by the subject to whom it was placed at the disposal. The reason for the transfer is irrelevant. The main thing is that it should be according to the law;
- when property was stolen. The form of what happened (theft, robbery, etc.) is not important. The main thing is to find out that it was stolen;
- if the thing was removed from possession against the will of the owner. This includes a deal under the influence of threat, intimidation, violence.
The key point that unites the listed cases is the disposal of property from the possession of a citizen against his will.
Limitation periods
The statute of limitations is 3 years. Calculation begins from the moment when the true owner found out (or could find out) that his interests were violated. If it is movable property, the period starts from the date of its discovery.
Sample statement of claim for the recovery of property
AT Russian Federation, the Republic of Belarus and the Republic of Kazakhstan have not developed a strict form for a vindication statement of claim. The plaintiff has the right to state the requirements in a free form. However, when drawing up, the norms of the codes are taken into account. The claim states:
- information about the court to which it is sent;
- information about the applicant and the defendant;
- the price of the claim and the amount of the paid state fee;
- grounds and facts for making claims;
- the request of the court to grant the appeal.
At the end, the plaintiff's signature is put and a list of attached documents is indicated. .
The main part should contain facts and a description of the circumstances under which the property came into illegal possession. They must be documented.
Where to file a petition (jurisdiction)? It is presented to the district or world court, depending on the price, at the place of residence of the defendant. If the price is below 50 thousand rubles - in the world, if it is higher - in the district. If the document is submitted to the wrong court, it will be returned.
Sample claim for recovery of property from someone else's illegal property
From a bona fide purchaser
The seizure of property from illegal possession, received by a bona fide purchaser, is not an easy procedure. This is the buyer who did not have information that the seller was a citizen who did not have the right to do so. In this case, the transaction is first disputed, then the property is claimed.
Note! If the disputed property was not bought by the acquirer, but was received by him free of charge, for example, as a gift, it will be claimed in the standard manner. The plaintiff must prove this fact.
Money, securities are not withdrawn, even if they were donated by a person who does not have the right to do so. Also, property purchased at auction is not withdrawn.
From someone else's illegal possession
The process is possible only after the adoption of the relevant decision by the judge. After receiving it, the plaintiff has the opportunity to visit the bailiffs for the purpose of enforcement. Such a measure is resorted to if the defendant refuses to comply.
Note! Not only the owner, but also the tenant has the right to file such a claim. It is possible to seize property from a dishonest owner under any circumstances. A person who knew that he was receiving property illegally is recognized as such. Bad faith will have to be proven in the course of the proceedings.
State duty payable upon filing a vindication claim
A vindication claim is of a property nature, therefore its price is equal to the value of the property that is claimed. Tax legislation establishes the obligation to pay a contribution. When determining the amount of the state duty, the price of the claim is taken into account:
- less than 20 thousand rubles - 4% of the cost;
- up to 100,000 - 800 rubles and 3% of the amount that is above 20 thousand;
- up to 200,000 - 3200 and 2% of the amount, above one hundred thousand;
- up to 1 million - 5200 and 1% of the amount exceeding 200,000;
- over 1 million - 13200 and 0.5% of the amount, above 1 million.
Important! If you cannot set the price on your own, you can contact an expert institution that provides such a service.
Judicial practice under Art. 301 of the Civil Code of the Russian Federation
Analyzing judicial practice, starting from 2015-2016, the following are the most common cases of approval of claims:
- the property was alienated on the eve of the bankruptcy of the organization at a low cost - the transaction was declared invalid, the application was satisfied;
- non-residential premises were in the use of a citizen who has no reason to dispose of them. This object was the possession of the plaintiff, he did not conclude a lease agreement with the defendant;
- the defendant seized the property without having the right to do so;
- the property ceased to be the property of the owner against his will due to a forged signature in the contract.
The judge does not give preference to one side or the other, but only takes into account the evidence base and its reliability.
Judicial practice in such cases is not unambiguous.
Thus, a citizen has the right to claim property, who, by filing a vindication claim, proves that he has the right of ownership to this property. He is also obliged to convince the court that the owner of the disputed property owns it illegally.
from 09/01/2020
An effective way to protect property rights is a statement of claim for the recovery of property from illegal possession. This option is suitable when the owner intends to achieve a specific goal. This is the return of property to your possession. Or in the legal possession of another person (when renting, etc.). Therefore, a statement of claim for the recovery of property from illegal possession is distinguished from. As well as claims for recognition of ownership. If we are talking about housing, the person concerned prepares, or.
Example of a claim
To the Krasnoyaruzhsky District Court
Belgorod region
address: 308000, Belgorod region,
Belgorod, st. Krasina,
173, apt. 5, tel. 468461651
address: 309420, Belgorod region,
Krasnoyaruzhsky district, Krasnaya Yaruga settlement,
st. Grazhdanskaya, d. 173,
passport series 01 448 No. 6846131
The price of the claim: 650,000 rubles.
Statement of claim for the recovery of property
from someone else's illegal possession
On March 14, 2022, the plaintiff and defendant, Dmitry Pavlovich Lobunov, entered into inheritance in accordance with their father, Pavel Gennadievich Grishchenko. The defendant inherited a land plot and a residential building (p. Krasnaya Yaruga, Grazhdanskaya St., 173). I became the owner of a car brand Nissan Tiana, 2011 onwards, state. number O 244 PB 51. The car was in a garage located on the defendant's land. Ownership of a car is confirmed by a certificate of inheritance, issued by a notary of the Krasnoyarzhsky district of the Belgorod region on March 14, 2022.
I repeatedly sent demands to D.P. Lobunov. about the transfer of ownership of the above car to me. However, Defendant restricted access to the garage by changing the locks. So far, the car has not been handed over to me.
In accordance with Art. 8 of the Civil Code of the Russian Federation, civil rights and obligations arise from contracts and other transactions, as well as decisions government agencies and court decisions. Between me and the defendant, no agreements on the use of property belonging to me were concluded.
Based on the above, guided by art. 301, 305 of the Civil Code of the Russian Federation,
- Reclaim from someone else's illegal possession of Lobunov Dmitry Petrovich the property belonging to me by inheritance right: a car of the Nissan Tiana brand, 2011, state. number O 244 RV 51.
Application:
- Receipt for payment of state duty
- Copy of claim for return of property
- Ruling on the refusal to initiate a criminal case on the unlawful retention of a vehicle
- Notice of sending a copy of the statement of claim and documents to the defendant
December 20, 2022 Grishchenko S.P.
How to file a claim for recovery of property from illegal possession
The plaintiff in these cases is only the owner or legal owner of the property. Lawyers call the statement of claim for the recovery of property from illegal possession itself a vindication. That is, about the recovery of property. The plaintiff is obliged to prove the right of ownership (right of possession) to the property. That is, in the content of the claim, its originator includes a description of the individual features of the thing. As well as the circumstances under which she dropped out of the actual possession of the plaintiff. The plaintiff also proves the unlawfulness of possession of the thing by the defendant.
Only the unscrupulous owner of a thing can be a defendant. That is, a person who knowingly knows that he has no rights to such property. Or knows that the seller of such a thing has no authority to sell. If the unscrupulous owner has already managed to dispose of the property by transferring it to other persons, then such persons will become defendants if the thing is acquired free of charge. And also on the condition that the plaintiff proves the bad faith of such a person (what he knew or should have known about the lack of the right to dispose of the thing).
If the requirement to return the property is a consequence, a vindication claim is not filed. The rules of Art. 167 of the Civil Code of the Russian Federation.
A claim can only be filed when the property is preserved. And his whereabouts are known. Otherwise, the plaintiff can go to court with.
Simultaneously with the requirement to return the property, the plaintiff has the right to demand the return of the income received from the use of such things (if they are proved during the consideration of the case). The rules and periods for reimbursement of income are set out in Art. 303 of the Civil Code of the Russian Federation.
Filing a lawsuit
Clarifying questions on the topic
legal adviser
legal adviser
Irina
Sergey
Sample statement of claim for the recovery of property from illegal possession, taking into account recent changes Russian legislation.
Illegal appropriation of another's property is a fairly common situation in legal practice. Moreover, the illegal owner does not always create such a situation intentionally. Often it arises as a result of a combination of circumstances, insufficient supervision of one's property, etc.
A statement of claim (vindication claim) is a largely standard document, a sample of which is presented below, can be used to apply to the court with adjustments that take into account a specific situation. In any case, there are no particular problems with writing such a statement, since it is much more difficult to correctly substantiate your actual claims. Therefore, when writing a claim, the following circumstances must be taken into account.
1. The subject of such a claim can only be an individual thing (TV set, cow, etc.). In the event that we are talking about two tons of cement or diesel fuel, then their cost is recovered from the defendant, respectively, and the structure of the claim will be different.
2. It is very important to prove 2 things in court: the fact of property ownership and the fact that it is currently with a specific defendant. Often the plaintiff may not have any documents at all confirming the ownership of the property. Therefore, confirmation of the fact of ownership of property can be any documents, even if they indirectly indicate such a circumstance. Testimony of witnesses and any other arguments may be presented in court.
The very meaning of filing a claim will be determined by the ability to prove that the property is (was) with the defendant. If the plaintiff only assumes this, but cannot prove it, then such a case will fall apart in court without even starting.
3. State duty is payable and will be calculated depending on the amount of claims (value of property + amount of damages). The calculation procedure is specified in Article 333.19 of the Tax Code of the Russian Federation and is determined as a percentage of the claim value, which does not imply any particular difficulties in the calculation.
4. It should be borne in mind that if the amount of claims is less than 50 thousand rubles, then it is necessary to apply to the justice of the peace, since such cases are within the jurisdiction of justices of the peace.
AT______________________________________
(Court name, address)Claimant __________________________________
(name, phone, address)Respondent _______________________________
(name, phone, address)The cost of the claim __________________________
(Full claim amount)Statement of claim
on the recovery of property from illegal possession
I, ____________________________________________ (full name, address) am the legal owner of ___________________________________ (indicate the property, describe it, indicate characteristics), which is confirmed by the following documents (circumstances) __________________________________ (indicate documents, their details, in their absence, others may be presented evidence (testimony of witnesses, etc.).
Since "___" "________" 20___, the said property has been in illegal possession of ________________________________________ (full name (name of legal entity), address) as a result of the confluence of the following circumstances _____________________________________ (indicate the reasons for the disposal of property), which is confirmed by _______________________________ (indicate documents (other evidence) confirming the fact of illegal possession of property by the defendant.
I repeatedly appealed to the defendant demanding the return of my property, but all my requests were ignored. Therefore, going to court is the only way for me to get my property back.
During the period of ownership of the property belonging to me, the defendant received income in the amount of ___ rubles. ___cop., which is confirmed by the following documents (circumstances, other evidence)_______________________________ (if it is necessary to calculate the loss, it is necessary to submit a document with a mechanism for calculating the total amount).
Considering the above circumstances, guided by Articles 301 of the Civil Code, 131,132 of the Civil Procedure Code of the Russian Federation,
I BEG:
1. Oblige ___________________________________ (full name of the respondent) to return legally owned by me _____________________ (indicate the property);
2. To recover from ________________________________ (full name of the defendant) in my favor the income extracted by the defendant, received as a result of the illegal use of property belonging to me.
Applications:
1. Copy of the statement of claim;
2. Receipt of payment of the state fee;
3. Documents confirming the existence of ownership rights to the claimed property;
4. Documents confirming illegal possession and the amount of income illegally extracted by the defendant;
5. Other documents confirming the plaintiff's arguments.
"___" "________" 20__ ________________ (signature of the plaintiff)