Sample claim for unlawful possession. Sample statement of claim for the recovery of property from someone else's illegal possession

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

In the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan, a strict form has not been developed 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 documentation 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.

District Court of Krasnoyarsk

plaintiff: F.AND.Oh. address

defendant: F.AND.Oh. address

claim price: __________ rubles
state duty: ________ rubles

STATEMENT OF CLAIM

I am the owner of ________________________ (name of property, identification features), which is confirmed (documents of ownership).

The specified property was held by a third party on the basis of ________________, which is confirmed by ________________________________________.

The third party had no right to dispose of the disputed property.

DATE I became aware that the disputed property is in the illegal possession of the defendant, to whom it was transferred by a third party under a sale and purchase agreement (other paid or gratuitous transaction) dated DATE, which is confirmed by: ______________________________.

Voluntarily, the defendant does not transfer my property to me, does not respond to my demands.

According to Art. 209 of the Civil Code of the Russian Federation, the owner has the rights to own, use and dispose of his property. The owner has the right, at his own discretion, to take any actions with respect to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienate his property into the ownership of other persons, transfer to them, while remaining the owner, the rights possession, use and disposal of property, pledge property and encumber it in other ways, dispose of it in another way.
The fact that the plaintiff's property is in the unlawful possession of the defendant certainly limits the plaintiff's legal rights to own, use and dispose of property.
According to the provisions of Part 2 of Art. 218 of the Civil Code of the Russian Federation, the right of ownership to property that the owner has can be acquired by another person on the basis of a contract of sale, exchange, donation or other transaction on the alienation of this property.
However, no deal aimed at the alienation of the car between the parties was concluded.
In accordance with Art. 301 of the Civil Code of the Russian Federation, the owner has the right to reclaim his property from someone else's illegal possession.

Based on the aforesaid and guided by Article. 209, 218, 301 of the Civil Code of the Russian Federation, Art. 131-133 Code of Civil Procedure of the Russian Federation,

Withdraw the property belonging to me on the right of ownership from the illegal possession of F.I.O. defendant.

1. Copy of the statement of claim;
2. A copy of documents on the ownership of the disputed property;
3. Evidence that the defendant has the claimed property;
4. Receipt of payment of the state fee.

"____" _______________ 20____

A sample statement of claim for the recovery of property from illegal possession, taking into account the latest changes in the legislation of the Russian Federation.

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)

on the recovery of property from illegal possession

I, ______________________________________________ (full name address) am the legal owner of ___________________________________ (indicate the property, describe it, indicate the characteristics), which is confirmed by the following documents (circumstances) __________________________________ (indicate the documents, their details, in their absence, other evidence may be presented (testimony of witnesses, etc.).

Since "___" "________" 20___, the specified 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,

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.

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)

Statement of claim for the recovery of property from illegal possession

The owner has the largest set of powers in relation to his property, one of the ways to protect his rights is to file a claim for the recovery of property from illegal possession.

Read also: Application for alimony - sample 2020

The very name of the claim determines the purpose of its filing - to return the property to its owner or the legal owner of such property (on the right of lifelong inheritable possession, lease, etc.). Therefore, its grounds differ from those cases when the removal of obstacles to the use of property is required. recognition of ownership. If we are talking about housing, instead of the specified claim, it may be necessary to draw up claims for recognition of the right to use the residential premises. about occupancy. determining the order of use.

An example of a statement of claim for the recovery of property from illegal possession

To the Krasnoyaruzhsky District Court

Claimant. Grishchenko Semyon Pavlovich,

address: 308000, Belgorod region,

Belgorod, st. Krasina,

Respondent. Lobunov Dmitry Pavlovich,

address: 309420, Belgorod region,

Krasnoyaruzhsky district, Krasnaya Yaruga settlement,

st. Grazhdanskaya, d. 173

The price of the claim: 650,000 rubles.

Statement of claim

on the recovery of property from someone else's illegal possession

On March 14, 2015, the defendant, Dmitry Pavlovich Lobunov, and I, entered into the inheritance in accordance with the will of my father, Grishchenko Pavel Gennadievich.

According to the terms of the will, the Defendant inherited a land plot and a residential building located at the address: Krasnaya Yaruga, st. Grazhdanskaya, d. 173. In accordance with the will, a car of the Nissan Tiana brand, 2011 onwards, entered my property. state number O 244 RV 51, which was located in a garage located in a residential building on a land plot at the above address. 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, 2015.

I repeatedly sent demands to Lobunov D.P. about the transfer of ownership of the above car to me, however, access to the garage was terminated by me by changing the locks and the car was not transferred 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 of state bodies 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,

1. Reclaim from someone else's illegal possession of Lobunov Dmitry Petrovich the property belonging to me by inheritance right: a Nissan Tiana car, 2011 onwards. state number O 244 RV 51.

1. Copy of the claim
2. Receipt for payment of state duty
3. A copy of the certificate of inheritance
4. A copy of the written request for the return of property

December 20, 2015 Grishchenko S.P.

The content of the statement of claim for the recovery of property from illegal possession

The plaintiff in these cases is the owner or legal owner of the property. When filing vindication (reclaiming property) claims, the existence of the right of ownership (right of possession) to the property must be proved. This means the need to include in the content of the claim a description of the individual characteristics of the thing, the circumstances under which it left the actual possession of the plaintiff, the presentation of evidence of the illegality of the possession of the thing by the defendant.

Only an unscrupulous owner of a thing can be a defendant, i.e. who knowingly knew that he had no rights to such property or that the seller of such a thing had 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 was 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 of the recognition of the transaction as invalid, a vindication claim is not filed, and the rules of Art. 167 of the Civil Code of the Russian Federation.

A claim can be filed only when the property has been preserved and its location is known, otherwise you can go to court with a claim for the recovery of funds.

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 statement of claim for the recovery of property from illegal possession

According to the direct instructions of the Civil Code of the Russian Federation, the price of a claim for the recovery of property is determined by the price of such property. Therefore, the claim is of a property nature and the amount of the state duty is determined based on:

• inventory value of real estate and (or)
• market value of other property.

The subject matter of the plaintiff's claim determines the jurisdiction of the case. If the claim is aimed at the return of immovable property, the claim is filed at the place of its location. In all other cases - at the place of residence of the defendant. The district court considers claims for the recovery of property when its price is more than 50,000 rubles. in all other cases, the claim is filed with the justice of the peace.

Statement of claim for the recovery of property from illegal possession

A sample statement of claim for the recovery of property from someone else's illegal possession, taking into account the latest changes in legislation.

The owner, whose rights are violated, has the right to claim property from someone else's illegal possession. Such claims may be made in relation to any property, both movable and immovable, against any person who has violated the rights of the owner.

A statement of claim for the recovery of property from someone else's illegal possession is filed with the court at the place of residence of the defendant, if the dispute concerns movable property. In the event of a dispute on the recovery of immovable property, a statement of claim is filed with the court at the location of such property. In addition to the claim for the recovery of property, the plaintiff may claim the recovery of income received by the plaintiff for the entire period of illegal possession of property.

When choosing the court in which to file a claim, the value of the property should be taken into account. The value of the claimed property will be the price of the claim. For real estate, the price of the claim is determined by its inventory value according to the BTI, for the rest of the property - by the market value, which the plaintiff has the right to indicate at his own discretion.

In the event of filing claims for the recovery of income received, the price of the claim will increase by the amount claimed for recovery. If the value of the claim is up to 50,000 rubles, the case is within the jurisdiction of a justice of the peace, over 50,000 - to the district (city) court. The state duty is paid by the plaintiff based on the value of the claim. Getting acquainted with the basic rules for drawing up a statement of claim will help to qualitatively and competently file a claim.

AT __________________________
(name of court)
Plaintiff: ______________________
(full name, address)
Respondent: ___________________
(full name, address)
The price of the claim. ___________________
(full amount of claims)

STATEMENT OF CLAIM

on 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 the disputed property, indicate the full details of the documents, for real estate, indicate the registration of ownership in the USRR).

Read also: Calculation of advance payments for property tax

"___" _________ ____, 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. because _________ (indicate the grounds for calculating income for the time of illegal possession of another'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,

1. 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).
2. 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):

1. Copy of the claim
2. Document confirming the payment of the state fee
3. Documents confirming the claimant's ownership of the property
4. Documents confirming the fact that the defendant owns the disputed property
5. Documents confirming the amount of income received (which he could receive) by the defendant from the use of property
6. Calculation of income to be recovered from the defendant
7. Other evidence confirming the grounds for the statement of claim for the recovery of property from someone else's illegal possession

Date of application "___" _________ ____ d. Petitioner's signature _______

Download a sample claim:

I left at one time the property belonging to me by right of ownership (two permanent garages, a small store) to my friend. After a while, I found out that he was renting out the store without my knowledge. I also found out that the garages are occupied by his relative, who claims that he bought it, but he does not have documents, since they are with me. He does not respond to the demand to vacate the garages and does not get in touch, although I sent registered letters many times - they come back undelivered. The store, with forged documents, was registered as a tenant, and then sold to this friend, the friend died, his wife inherited, she says, take it if you can. The tenant says she paid rent to a friend. I also found a notary who forged a power of attorney. She confirmed that she gave it. The fact is that I live in the Novosibirsk region. The property is located in the north of the Krasnoyarsk Territory, the city of Igarka. There are no funds, my wife and I are pensioners. Tell me what to do?

First, write a statement to the police at the location of the property. Attach copies of documents confirming ownership to the application, ask for an audit and bring the perpetrators to criminal liability. According to your application, the employees of the internal affairs bodies are obliged to conduct an inspection, interview all the persons involved and give you a written detailed answer. From this answer it will be clear what the position of the defendants is based on, and how to proceed.

A person gave me equipment for debts (they signed a contract of sale), but I also drew up a lease agreement with him, i.e. my equipment, but he works on it. Then this person disappeared. I tried to take the equipment out of the area that he rented, but the landlord of the premises refuses to give my equipment, arguing that the person owes him for renting the premises. Tell me, is it now to take it through the court?

For starters, you can contact the precinct, perhaps he will solve your problem. If that doesn't work, you can file a lawsuit with the court.

My husband purchased the property in 2012. Now in 2014, a lawsuit was filed against him by the city administration to reclaim a land plot from her husband, because. It turned out that the first owner of the site acquired it illegally. The husband is the fourth owner. How to get money from an illegal alienator and protect yourself as a bona fide buyer? After the acquisition, it also turned out that there is an easement on the site.

Write objections to the claim, indicate all the circumstances of the acquisition of the land. When making a decision, the court will take into account your position. After the return of the land plot by a court decision, your husband will be able to sue for the recovery of the money paid under the contract. The statement of claim can be substantiated by the provisions of Articles 460-461 of the Civil Code of the Russian Federation.

By verbal agreement, I transferred the car I bought on credit for 5 years to a friend for rent with the right to purchase. An acquaintance had to pay off a loan in the amount of 18,000 rubles. per month + 5000 rubles. per month me for taking out a car loan. He paid 18,000 for 15 months, he did not pay 5,000, saying that so far there were financial difficulties and that he would give it back later. After 15 months, he stopped paying the loan and refuses to return the car. As a result, my credit history is damaged, because. I have nothing to pay with - I'm on leave to care for a child up to 1.5 years. He never returned the car, he does not answer calls and SMS. In addition, he also earned me 8 fines for exceeding (cameras recorded and now I am also a debtor according to the traffic police database). I contacted the police - they sent a refusal, the traffic police also replied that they could not help. What to do? How to return the car, the debt and make him pay the fines?

Claim property from his possession. After selling the car, pay off the debt in the bank. To recover money under an oral agreement, you need a full confirmation of its conditions by the defendant, if he objects, the court will dismiss the claim. Try to negotiate with him now, and arrange the agreements in writing. In general, for a complete and correct answer to your question, you need to know the position of a friend, because he has reasons why he does not pay and does not return the car.

He does not want to give voluntarily, he does not answer calls and SMS. I currently do not know the whereabouts of the car and the acquaintance. I understand that he will not confirm anything in court. And if there is a witness to our contract, does this change anything in the court's decision? Can I claim property only through the court?

If a friend is hiding, then you can sum up his actions as fraudulent. In this case, contact the police with a statement on bringing him to criminal responsibility. Refer to the fact that he was supposed to give you money for the car in installments, but he disappeared, did not return the money and does not return the car. The police are obliged to conduct a check on such a statement, find it and interrogate it. If that doesn't help, take the matter to court.
Witness testimony on transactions worth more than 1000 rubles. court does not accept. In general, in such a case it is better to hire a qualified lawyer with experience in criminal specialization.

Resolution of the Plenum of the Supreme Court of the Russian Federation N 10, Plenum of the Supreme Arbitration Court of the Russian Federation N 22 of 04/29/2010

"On some issues arising in judicial practice in resolving disputes related to the protection of property rights and other property rights"

Disputes about the recovery of property from someone else's

illegal possession

32. When applying Article 301 of the Civil Code of the Russian Federation, the courts should keep in mind that the owner has the right to claim his property from the person who actually has it in illegal possession. A claim for the recovery of property brought against a person in whose illegal possession this property was, but who does not have it by the time the case is heard in court, cannot be satisfied.

If during the trial on a claim for the recovery of property from someone else's illegal possession, the disputed property was transferred by the defendant to another person for temporary possession, the court, according to the rules of paragraph two of part 3 of article 40 of the Code of Civil Procedure of the Russian Federation or part 2 of article 46 of the Arbitration Procedure Code of the Russian Federation, attracts such a person as a co-respondent.

In the event that during the trial on a claim for the recovery of property from someone else's illegal possession, the disputed property was alienated by the defendant to another person, and also transferred to the possession of this person, the court in accordance with Part 1 of Article 41 of the Code of Civil Procedure of the Russian Federation or Parts 1, 2 of Article 47 The Arbitration Procedure Code of the Russian Federation allows the replacement of an improper defendant with a proper one. In this case, the alienator is involved in the case as a third party who does not declare independent claims regarding the subject of the dispute, on the side of the defendant (Article 43 of the Code of Civil Procedure of the Russian Federation, Article 51 of the Arbitration Procedure Code of the Russian Federation).

33. In order to ensure that the property is in the possession of the defendant during the period of a litigation over the right to this property, the court, at the request of the plaintiff, may take interim measures, in particular, prohibit the defendant from disposing and / or using the disputed property (arrest), prohibit the state registrar from changing the entry in the USRR on the right to this property, to transfer the disputed property for storage to another person in accordance with paragraph 2 of Article 926 of the Civil Code of the Russian Federation (judicial sequestration).

When satisfying a claim for the right to property, the court, on the basis of Article 213 of the Code of Civil Procedure of the Russian Federation or Part 7 of Article 182 of the Arbitration Procedure Code of the Russian Federation, at the request of a person participating in the case, may also take similar measures to ensure the execution of the decision.

34. A dispute on the return of property arising from contractual relations or relations related to the application of the consequences of the invalidity of the transaction shall be resolved in accordance with the legislation governing these relations.

In cases where there are no contractual relations between persons or relations related to the consequences of the invalidity of the transaction, the dispute on the return of property to the owner is subject to resolution in accordance with the rules of Articles 301, 302 of the Civil Code of the Russian Federation.

If the owner demands the return of his property from the possession of the person who illegally took possession of it, such a claim is subject to consideration according to the rules of Articles 301, 302 of the Civil Code of the Russian Federation, and not according to the rules of Chapter 59 of the Civil Code of the Russian Federation.

35. If the property was acquired from a person who did not have the right to alienate it, the owner has the right to file a claim for the recovery of property from the acquirer's illegal possession (Articles 301, 302 of the Civil Code of the Russian Federation). When in such a situation a claim is brought to invalidate transactions for the alienation of property, the court, when considering the case, should bear in mind the rules established by Articles 301, 302 of the Civil Code of the Russian Federation.

36. In accordance with Article 301 of the Civil Code of the Russian Federation, a person who has filed a lawsuit to recover his property from someone else's illegal possession must prove his ownership of the property in the possession of the defendant.

The right of ownership of movable property is proved with the help of any evidence provided for by the procedural legislation, confirming the emergence of this right with the plaintiff.

Proof of ownership of real estate is an extract from the USRR. In the absence of state registration, the right of ownership is proved with the help of any evidence provided for by the procedural legislation confirming the emergence of this right with the plaintiff.

The fact that real estate is included in the register of state or municipal property, as well as the fact that property is on the balance sheet of a person, does not in itself constitute evidence of ownership or legal possession.

37. In accordance with Article 302 of the Civil Code of the Russian Federation, the defendant has the right to object to the recovery of property from his possession by presenting evidence of his paid acquisition of property from a person who did not have the right to alienate it, which he did not know and should not have known (a bona fide purchaser).

For the purposes of applying clauses 1 and 2 of Article 302 of the Civil Code of the Russian Federation, the acquirer is not considered to have received property for compensation if the alienator did not receive in full the payment or other consideration for the transfer of the disputed property by the time the acquirer knew or should have known about the unlawfulness of the alienation.

When considering the claim of the owner for the recovery of property made as a contribution to the authorized (share) capital of a business company (partnership), the courts should take into account that the receipt of property as a contribution to the authorized (share) capital is a paid acquisition, since as a result of making a contribution a person acquires the rights of a participant in an economic company (partnership).

At the same time, the compensation of the acquisition does not in itself testify to the good faith of the acquirer.

38. The acquirer shall be recognized in good faith if he proves that during the transaction he did not know and should not have known about the unlawfulness of the alienation of property by the seller, in particular, he took all reasonable measures to clarify the seller's authority to alienate property.

The acquirer cannot be recognized as bona fide if, at the time of the transaction for the acquisition of property, the right of ownership in the USRR was not registered with the alienator or there was a note in the USRR about a litigation in relation to this property. At the same time, an entry in the Unified State Register on the right of ownership of the alienator is not indisputable evidence of the good faith of the acquirer.

The defendant may be recognized as a bona fide purchaser of property, provided that the transaction by which he acquired possession of the disputed property meets the signs of a valid transaction in everything, except that it was made by an unauthorized alienator.

The owner has the right to refute the objection of the acquirer about his good faith, proving that in the course of the transaction the acquirer should have doubted the right of the seller to alienate the property.

39. Within the meaning of paragraph 1 of Article 302 of the Civil Code of the Russian Federation, the owner has the right to reclaim his property from someone else's illegal possession, regardless of the defendant's objection that he is a bona fide purchaser, if he proves the fact that the property has left his possession or the possession of the person to whom it was transferred by the owner, against their will.

The invalidity of the transaction, in pursuance of which the property was transferred, does not in itself testify to its withdrawal from the possession of the person who transferred this property against his will. The courts need to establish whether the will of the owner was to transfer possession to another person.

40. If, when considering a claim for the recovery of movable property from someone else's illegal possession, the court establishes that the basis for the emergence of the claimant's property right is a void transaction and there are no other grounds for the emergence of the property right, the court refuses to satisfy the stated claims, regardless of whether a counterclaim was presented on disputing the transaction, since, by virtue of paragraph 1 of Article 166 of the Civil Code of the Russian Federation, a void transaction is invalid, regardless of whether it is recognized as such by the court. A similar assessment can be given by the court to an illegal act of a state body or local self-government body (hereinafter referred to as the authority), which is the basis for the emergence of a person's right of ownership to movable property.

41. Within the meaning of Article 133 of the Civil Code of the Russian Federation, if indivisible property is sold by an unauthorized alienator to several persons on the basis of one transaction and is in their possession, a plurality of persons is formed on the side of the acquirer. For this reason, these persons are co-defendants in a claim for the recovery of property from someone else's illegal possession.

The purchasers of an indivisible thing have the right to object to this claim on the grounds provided for in Article 302 of the Civil Code of the Russian Federation. In this case, the claim for recovery of property is subject to satisfaction if at least one of the acquirers is not in good faith.

42. Courts, when considering disputes on the restoration of the right to a share in common shared ownership, must take into account the following.

If a share in the right of common shared ownership was acquired for compensation from a person who did not have the right to alienate it, which the acquirer did not know and should not have known about, the person who lost the share has the right to demand the restoration of the right to it, provided that this share was lost by him apart from his will. When considering such a requirement, by analogy with the law, articles 301, 302 of the Civil Code of the Russian Federation are subject to application. This requirement is subject to the general limitation period provided for by Article 196 of the Civil Code of the Russian Federation.

43. If the owner’s claim for the recovery of property from someone else’s illegal possession is satisfied, the buyer of someone else’s property has the right, in accordance with Article 461 of the Civil Code of the Russian Federation, to apply to the court with a claim to the seller for compensation for losses caused by the seizure of goods on grounds that arose before the execution of the purchase agreement -sales.

The person who transferred the disputed property to the defendant, in particular the seller of this property, is involved in the case on the claim for the recovery of property from someone else's illegal possession. At the same time, by virtue of paragraph two of Article 462 of the Civil Code of the Russian Federation, the buyer’s failure to involve the seller in the case releases the seller from liability to the buyer if the seller proves that, by taking part in the case, he could have prevented the seizure of the sold goods from the buyer.

44. By virtue of paragraph 1 of Article 449 of the Civil Code of the Russian Federation, public auctions held in the manner established for the execution of judicial acts may be declared invalid by the court at the claim of an interested person in case of violation of the rules established by law. Disputes about the recognition of such trades as invalid are considered according to the rules established for the invalidation of voidable transactions. If a person believes that the transaction concluded at the auction is invalid, he has the right to challenge the said transaction.

Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 13, 2008 N 126

"Review of judicial practice on some issues related to the recovery of property from someone else's illegal possession"

1. If a person who transferred property in pursuance of an invalid transaction applies for its return from someone else's illegal possession of the other party to the transaction on the basis of Article 301 of the Civil Code of the Russian Federation, the court dismisses the claim ( ) .

2. When considering the requirement to apply the consequences of the invalidity of a transaction, declared by a party to this transaction, the rules of paragraph 1 of Article 302 of the Civil Code of the Russian Federation do not apply ( ) .

3. When considering the claim of the person who transferred the property under an invalid lease agreement for its return on the basis of paragraph 2 of Article 167 of the Civil Code of the Russian Federation, the court reasonably did not investigate the right of this person to the disputed property ( ) .

4. Considering the dispute on the recovery of property from the illegal possession of a state unitary enterprise, in whose economic jurisdiction this property was transferred by a public legal entity that was not its owner and therefore did not have the right to alienate it, the court proceeded from the fact that for the purposes of applying paragraph 1 of Article 302 of the Civil Code of the Russian Federation, the assignment of property to a state-owned enterprise does not apply to cases of paid acquisition ( ) .

6. The limitation period for a claim for the recovery of movable property from someone else's illegal possession begins from the day this property is discovered ( ) .

7. The court refused to satisfy the vindication claim against the defendant who received the disputed property from the person to whom the plaintiff had already filed a vindication claim, which remained unsatisfied due to the expiration of the limitation period. At the same time, the court pointed out that the limitation period for a claim for the recovery of property from someone else's illegal possession does not begin to flow again when the owner of this property changes ( ) .

"Review of the judicial practice of the Supreme Court of the Russian Federation N 1 (2019)" paragraph 3
A claim for the recognition of a registered right or encumbrance as absent is an exclusive method of protection, which is subject to application only when the violated right of the plaintiff cannot be protected by filing special claims provided for by the current civil legislation.

The form of the document "Claim for the recovery of property from someone else's illegal possession sample" refers to the heading "Statement of Claim". Save a link to the document on social networks or download it to your computer.

At ___________ City Court ___________
areas
__________________________

Claimant: __________________________

Respondents: __________________________
Address: __________________________
__________________________
Address: __________________________

STATEMENT OF CLAIM
on the recovery of property from someone else's illegal possession

I am the Plaintiff, _____________________, I am the tenant of the residential premises located at the address: ____________________________, which is confirmed by the contract of social rental of residential premises No. ______ dated ____________

This dwelling is an apartment with a total area of ​​____ sq. m., living area ____ sq. m., consisting of three rooms.

In this apartment, besides me, the following persons are registered:
_________________________, my father;
_________________________, my mother;
_________________________ ogly, my husband.

These citizens were registered in the living space I occupied at my request as a member of my family.
For many years, the defendants have lived in the said apartment and have freely used the property belonging to me by right of ownership, consisting of the following:
- bedroom set NKM "___________", consisting of a bed with a mattress, a six-door wardrobe, two bedside tables, a chest of drawers;
- table and six chairs ______________;
- refrigerator brand _________

This property was acquired by me under purchase and sale transactions, that is, I incurred significant expenses for the use of the above property for personal purposes.
However, the defendants deprive me of the opportunity to use this property, as a result of which I am forced to reclaim this property from them.

By virtue of Art. 17 of the Civil Code of the Russian Federation, the ability to have civil rights and bear obligations (civil capacity) is recognized equally for all citizens.
Article 18 of the Civil Code of the Russian Federation states: citizens can have property on the right of ownership, have other property and personal non-property rights.
According to Art. 128 of the Civil Code of the Russian Federation, objects of civil rights include things, including money and securities, other property, including property rights.

In accordance with Art. 209 of the Civil Code of the Russian Federation, the owner has the rights to own, use and dispose of his property.
According to Art. 301 of the Civil Code of the Russian Federation, in conjunction with Art. 304 of the Civil Code of the Russian Federation, the owner has the right to reclaim his property from someone else's illegal possession, the owner may demand the elimination of any violations of his right.

According to Art. 304 of the Civil Code of the Russian Federation, the owner may demand the elimination of any violations of his right, even if these violations were not connected with deprivation of possession.
By virtue of Art. 11 of the Civil Code of the Russian Federation, the protection of violated or disputed civil rights is carried out in accordance with the jurisdiction of cases established by procedural legislation, the court.
By virtue of Art. 3 Code of Civil Procedure of the Russian Federation, the interested person has the right, in the manner prescribed by the legislation on civil proceedings, to apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests.

Based on the foregoing, guided by Art. 301-304 of the Civil Code of the Russian Federation.

1. Reclaim from the defendants, ___________________ and ________________, the following property with its transfer to me:
- bedroom set NKM "__________", consisting of a bed with a mattress, a six-door wardrobe, two bedside tables, a chest of drawers;
- table and six chairs _____________;
- refrigerator brand "___________";
- kitchen set _________.

APPENDIX:
Copy of this statement of claim - 2 copies;
Copies of title documents for property - 3 copies;
A copy of the contract of social employment - 3 copies;
Copy of an extract from the house book - 3 copies;
Receipt for payment of state duty.

"___" ______________ G. ___________/__________/

• 
  It is no secret that office work has a negative impact on both the physical and mental state of the employee. There are quite a lot of facts confirming both.
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  At work, each person spends a significant part of his life, so it is very important not only what he does, but also who he has to communicate with.
• 
  Gossip in the work team is quite commonplace, and not only among women, as is commonly believed.

The recovery of property from someone else's illegal possession in accordance with legal terminology is called "vindication". Vindication is a tool that individuals can use to protect their rights to certain things (objects of movable and immovable property). At the same time, the Civil Code of the Russian Federation gives the right to claim property not only to its owners, but also to tenants. If there are legal grounds and contractual agreements, the tenant periodically has more rights than the owner.

When applying to the judicial authorities with a claim, it is necessary to write a statement of claim for the recovery of property. To win a case, you need to do everything right from the very beginning. Pay the state duty, prepare the evidence base, involve witnesses, if necessary. But first, it is necessary to correctly draw up a claim, in accordance with which the recovery of property will take place. At the same time, you can apply for judicial assistance only if the statute of limitations is met. The limitation period in the Russian Federation is determined by law for any reason to apply to a judge. The Civil Code of the Russian Federation gives the concept of what a limitation period is, determines the general limitation period, etc.

A sample claim for the recovery of movable and / or immovable property by the owner from someone else's use / possession can be downloaded on our website. Possession of someone else's thing can be conscientious and dishonest. These concepts will be discussed later in the article.

I would like to note that you can try to study the legislation of the Russian Federation (including the provisions of the Civil Code of the Russian Federation) on your own. But applying it to a specific case is quite difficult. Especially if the case goes to court. Do not despair. The consultants of the RightConsumer portal will always have time for any citizen of the Russian Federation.

It is enough to ask a question through the feedback form and get a free answer.

To more or less delve into the topic under consideration, consider a few fundamental theses:

• the plaintiff in the case is the owner, only he has the right to demand the return of his property;
• the defendant in the case is a person who unlawfully took possession of someone else's good. In this case, the defendant may know (not good faith possession) or not know (good faith illegal possession) that he is using someone else's thing;
• The plaintiff can also be a person who is not the owner, but has the right to own, maintain, manage, rent, etc. In this situation, the owner may also become a defendant in a vindication suit in the Russian Federation;
• the claim will not be satisfied if the property has not survived (perished or been destroyed);
• if the property was in the possession of an outsider free of charge for him, then he is obliged to return it to the rightful owner, regardless of whether he is in this case a bona fide purchaser or not;
• if the property is used not by the owner, but by an outsider, while he paid money for it, then there will be two options for claiming:
  • provided that the buyer knew that he was acquiring someone else's property, he will be obliged to return it without material reward;
  • provided that the buyer did not know and could not know that he was acquiring someone else's property, according to the laws of the Russian Federation, he should be reimbursed for expenses.

In this case, the owner of these costs will be reimbursed by the person who initially took possession of his good. If your property (movable/immovable) has been reissued title documents, according to which another person is listed as the owner, this property is not subject to vindication. In this case, it will be necessary to recognize the previously committed actions (registration of ownership) as illegal. Which will result in the return of ownership. And only then can the owner start a new trial, provided that his property benefits were not returned to him.

What needs to be proven

In order to be able to go to court with a claim against another person and demand the return of your property, according to the Civil Code of the Russian Federation, you first need to prove that this property is really yours. To do this, you must submit legal documents to the court. They will confirm on what grounds the item claimed is yours. If your thing was, for example, resold by a third party, or donated, or exchanged (in general, alienated), you must provide evidence that this person did not have the right to make such transactions. So, first you need to recognize this transaction as invalid. The Civil Code of the Russian Federation also determines the reasons why the plaintiff lost his property. This includes:

• theft;
• voluntary transfer of own property to third parties as a result of fraudulent activities;
• loss of property by the plaintiff due to negligence;
• dispossession of property as a result of natural disasters.

For the court, the reason for depriving the owner of his property is unimportant. The fundamental thing is the presence of one's own will at this moment. That is, if you yourself (voluntarily, being in a sober mind and bright memory) donated a car or an apartment, and then changed your mind, then you will not be able to return the gift back by force. Before going to court, it is necessary to make sure that the claimed property is currently with the defendant. If the disputed thing is in other hands, the court will refuse to satisfy the claim. The defendant may be ordered to dispose of the property. To do this, various measures are taken, ranging from the seizure of disputed property and ending with the imposition of restrictions on the change in the status of the owner (for example, a ban on registration authorities to re-register ownership). Particular attention is paid to establishing the good faith of the acquirer of someone else's property. Indeed, if a person did not know that the thing transferred to him (for a fee or free of charge) belongs to someone else, he cannot be held responsible for this. You also need to remember that when applying to the judicial authorities, you first need to pay a state fee.

For all questions on the topic of returning property from someone else's property, you can get advice on our website.

Experienced lawyers are ready to give advice for free. You can also download a sample application form from the website.

Limitation period (movable property) by example

The Civil Code of the Russian Federation determines the general limitation period for applications to the court in order to protect the rights of a citizen, equal to three years. Everything seems to be clear, but very often there are problems with the start of the statute of limitations. For a more illustrative example, we will analyze a case from judicial practice. The Arbitration Court considers the case on the claim of a citizen Sorokin The.The. to OJSC "Zarya" (the example is taken from real judicial practice, full name and OJSC are fictitious). Sorokin demands to return to him a loader that was stolen from him in 1995. Representatives of the OJSC refuse to return the vehicle, arguing that they have nothing to do with the theft and generally bought a forklift from an authorized dealer. At the same time, since the case is being investigated in 2001, the statute of limitations for Sorokin has already passed.

Not taking into account the claims of the plaintiff and his explanation that he identified his car only in 2001, the court decides in favor of OAO Zarya, guided by Article 196 of the Civil Code. On the one hand, everything seems to be correct, the plaintiff learned about the theft in 1995 (that is, about the violation of his rights), three years have passed since that time. However, this does not suit Sorokin, and he writes a cassation appeal. The Court of Cassation disagreed with the decision. The motivation is this - Article 195 of the Civil Code tells us that the limitation period is the period that is given to a citizen in order to be able to obtain protection of his rights by applying to the judicial authorities. However, a lawsuit cannot be filed if the defendant is unknown. It turns out that until 2001 Sorokin did not have the opportunity to exercise the right to judicial protection. In the case under consideration, the statute of limitations began to run from the moment Sorokin found out who owns his vehicle.

Statute of limitations (real estate) by example

The general statute of limitations was mentioned above (three years). This term also applies to real estate transactions. Conflicts in this area again arise on problems with determining the beginning of the statute of limitations. Let's look at another case from judicial practice. Citizen Ivanova lived in an apartment under a social contract. hiring. On July 5, 1993, she died. On May 8, 1993, an enterprising citizen Sergeev, having brought a fake power of attorney to the local REU, registered this living space as the property of Ivanova. Some time later, by the same power of attorney, Sergeev received a certificate of ownership in the name of the already deceased Ivanova. Ten days later, Sergeev sold the apartment on behalf of Ivanova to citizen Cheremiskin. Cheremiskin, in turn, resold it to Vasiliev, who still lives safely in it (the year 2001 has already come). And so, in the coming year of 2001, the housing department of the city of Moscow decided to reclaim the apartment from Vasiliev's property, referring to the fact that he had only learned about the violation of his own rights.

But we missed one more point from the description of the situation. Three years after the purchase of the apartment (in 1996), a criminal case was initiated on the theft of the apartment. All documents were checked, including those stored in the archive. It was at this point that the plaintiff was made aware of the violation of his rights. Much more than three years passed from 1996 to 2001. So the plaintiff's claim was denied. And citizen Vasiliev remained the rightful owner of the apartment of the long-deceased Ivanova. Since during the criminal proceedings it was proved that he had nothing to do with Sergeyev’s fraudulent actions and did not know about his machinations.

You can get more detailed information on the topic of recovering property from illegal owners from the consultants of the site.

And also download samples of statements of claim for free on our website.