Under what conditions can children's property be disposed ofHow do I get the transaction authorisation?In which cases the authorisation may be refused

You're selling a minor's property

Введение

There are situations where children become owners or co-owners of property after receiving it as an inheritance or a gift.

When there is a need to somehow dispose of this property, for example, to sell or exchange an apartment, the consent of parents or legal representatives (guardians, adoptive parents, custodians) as well as authorization from the guardianship authorities will be required.

In this material we will tell you how to conduct such transactions and under what conditions they are executed.

How do I get the transaction authorisation?

Authorization to dispose of a minor's property is a certificate issued by the guardianship and trusteeship bodies.

To get it, you need to use the online service.

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When submitting an online application, you must attach the following list of documents and sign your EDS:

  1. application for disposal of property of minors in the form of an electronic document;
  2. an electronic copy of the child's birth certificate (in the absence of information in the registry office or at his birth outside the Republic of Kazakhstan);
  3. an electronic copy of the notarized consent of the spouse or the consent of the legal representative of the child (children) living separately (an electronic copy of documents confirming the fact of the absence of custody of the child of one of the parents: a death certificate, a court decision on the deprivation of parents' parental rights, restriction of their parental rights, recognition of parents missing, incapacitated (with limited legal capacity), declaring them dead, birth certificate, etc.;
  4. electronic copy of the certificate of inheritance by law (from a notary) (in case of inheritance by law);
  5. electronic copies of documents confirming the existence of property;
  6. an electronic copy of the opinion of the child (children) (upon reaching the age of ten years).
  7.  

The trusteeship and guardianship authority, having studied the submitted documents and the arguments of the parent (representative) about the necessity of making a transaction, may give its consent to the transaction or give a reasoned refusal within 3 working days.

Under what conditions can children's property be disposed of

A minor owner of an apartment cannot dispose of it (sell, exchange) independently until he reaches the age of 18.

If the child is under 14 years old, the transactions are made on his or her behalf by the parents or legal representatives. In the contract the signature of the parent (representative) with a mark that he acts on behalf of the minor child is put.

A child aged 14 to 18 years makes transactions with the consent of his or her parents and other legal representatives. Thus, the child signs the contracts himself, but nearby puts the signature one of parents (representatives) with a mark that he agrees to carry out the given transaction.

At the same time, actions with property where the co-owner or sole owner is a minor require the authorization of the trusteeship and guardianship authority.  The authorization is issued for the following types of transactions:

  • sale;
  • exchange;
  • pawning;
  • lease.

The consent of the trusteeship and guardianship authority is not required if the minor lives in the dwelling but is not the owner of the property or part of it.

 Emancipation of minors

In some cases, a minor who has reached the age of 16 is able to make independent transactions.  A child is considered fully capable if he or she works under an employment contract or is engaged in entrepreneurial activity with the consent of his or her legal representatives. Emancipation takes place by decision of the trusteeship and guardianship authority with the consent of its legal representatives or, in the absence of such consent, by court decision.

In which cases the authorisation may be refused

The trusteeship and guardianship authority may refuse to issue a certificate:

  • establishment of inaccuracy of submitted documents or the data contained therein;
  • Non-compliance of the service recipient with the requirements established by the Civil Code of the Republic of Kazakhstan dated December 27, 1994 and Resolution 382 of the Government of the Republic of Kazakhstan dated March 30, 2012 "On approval of the Regulations on the exercise of guardianship and trusteeship functions by the State";
  • execution of alienation transactions, including the exchange or donation of an orphan child's home, a child without parental care who has not reached the age of 14, or the conclusion on their behalf of a contract of guarantee, transactions for the donation of a home for free use or as a pledge, transactions entailing the renunciation of their rights to inheritance under the law, a will, the division of their home or the allocation of shares in it;
  • lack of consent of the service recipient, provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On Personal Data and their Protection", for access to restricted personal data required for the provision of public services.