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Habraeffect against bandits, do you think it will work?
Let's assume a hypothetical situation: someone wants to kick me out of the apartment along with my daughters of two and four years old with the help of a well-connected lawyer, and quite officially. I'm not a coward, but when tiny girls get in the way of a two-meter bandit to several million rubles, it becomes VERY scary.
I will describe our spherical horse in a vacuum in a little more detail: let's say the villain owns 1/6 of the apartment where my wife and children are registered. He demands one and a half million rubles for it, threatening otherwise to sell his share to a lawyer, a “former lad” with great connections, two meters tall “with all the consequences”, who will move in and create conditions for us that we will be ready to sell our part for nothing. Our lawyer claims that the guardianship service will not allow you to move in - the apartment is two-room, about 35 meters. As you understand, a bandit, and even a lawyer with connections, has many ways to solve this problem, one worse than the other.
Attention, question : What do you think, if I describe this plan as a question on Habrahabr, will they refuse it? (Regarding the problem itself, please PM.)
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Why would they abandon their plan because of a post on some IT internet? Another thing is that there may be competent lawyers on Habré and will help with advice.
I will probably write something that many will not like: write to Bashorg ... also popular, also has nothing to do with real estate issues. We need to go to specialized resources, reach out to specific people.
On the other hand, it is not clear how you want to solve the problem from your side. I understand that you just want someone else's uncle to give you his property? Or so you can use someone else's property for free? What are your counter proposals?
> What do you think, if I describe this plan as a question on Habrahabr, will they refuse it?
Of course not. First, your problems are of no interest to anyone. Many, for example, do not have their own housing at all, so your situation does not cause sympathy. Do you think people have nothing better to do than worry about some anonymous wholeman millionaire losing some of his money?
Secondly, it is not clear how you can help. And it is not clear what is illegal here.
Also, what you have is still a civilized way. There are much worse things, for example, the so-called "black realtors" can kill the real owner and somehow (apparently with the complicity of the relevant official) rewrite housing for themselves. You should be glad that everything is fine with you.
And by the way, you can’t sell an apartment or your 5/6 and buy another home? Or is there a legal issue here? Or can't find a buyer? And let this lawyer deal with the new owner.
And it is not clear what is illegal here.Well, in this we will deal with lawyers, with full information.
nobody cares about your problems.That's the question, how they will perceive such a situation here, from which side it will be considered.
It must be understood that the "bandits" will not give him either one and a half million, or even 1/6 of the market value. The discount for such shares is 50-70 percent. Well, that is practically free. Therefore, there are two options - if a person pursues exclusively property interests, then there is a large space for bargaining. If he has something against you personally, then you are hit, but he will receive practically no money.
Habr is not the best place, but in my opinion, contacting some regional media, whether it be a local TV channel or a local newspaper, is an option.
Agree on installments, or even rent. It doesn’t matter if he is a bandit or not, all he can do is sell or rent, and by the way, only to you, because without the right to live there, no one will buy or rent from him.
He is the victim, and you seized part of his property (more precisely, you use his inability to fully dispose of it) and even try in every possible way to take it away from him for free.
"Bandit" is you. It is you who need to start a dialogue and work out some mutually acceptable conditions. But since you do not do this, he (bandit1), in turn, took the initiative into his own hands, and decided to punish "bandit2" by squeezing the whole apartment from him.
I often meet with such “showdowns”, 99% of them could be resolved simply by dialogue, but for some reason they are solved most often by the courts, and with the loss of both sides ... (the court then one side wins, but the taste of victory is no longer pleasing)
The classic scheme of "squeezing" real estate.
The way out is a lawyer, a court. Nothing else, no bidding. If you want publicity - TV. Other media are of little use.
This is not the time and situation for bandits to move in this way - to pay one and a half million rubles and even have a lot of problems. Guardianship correctly says - they will not let him move in. And as a buyer of an apartment, I know that even during the sale, this friend of yours will run into problems - for example, selling only through the courts (because you obviously will not give your consent). Registering owning a share, without the consent of the rest of the neighbors, is also now not possible (therefore, now the sale of shares is not popular). All that your neighbor can do is demand compensation for not being able to use this 1/6 apartment (Article 247 of the citizen). Get yourself normal conditions, well, or let him go to court (here, again, guardianship - and they also have a protection plan).
ps and the habreffect will not help here and is not a resource for legal entities. help.
Well, he will sell it to a lawyer, and he will only be able to live on his own, since the residence of other persons must be approved by other homeowners.
You have children, you yourself cannot even sell your share without problems due to social services.
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