The legitimate type of property is specified in two types the fiscal and the personal and to know the type of the property: By the issuance of (a statement of property record with a recent date from the circle of proprietorial interests) as it bears the legitimate type of the property (whether fiscal or personal). - Personal properties: They are the properties that are located in the managerially specified regions inside the organizational chart (like residences- offices- commercial shops- facilities inside the towns and cities). - Fiscal properties: They are the properties that are located outside the areas of urbanization and outside the organizational chart of towns and cities and they are theoretically owned by the government but they can be managed by individuals. (An example of it, the agricultural lands). The effect of legitimate description for the property on the inheritance shares for the heirs: They inheritance shares vary between the fiscal and personal properties, as in personal properties, the legacy in them get divided based on the legitimate basis: The female takes half of what the male takes, and they are subject to legitimate limitation of succession which is a decision that get issued from the legitimate judge based on a report of an authorized inheritance expert. . And regarding the fiscal properties, the shares of inheritance are equal between male and female. This means that the inheritance of fiscal properties is the legal inheritance which is a document that get issued from the civil magistrate based on a report from an authorized inheritance expert.

In case of the death of the owner of the property:  The ownership of his properties and all his money move immediately to the heirs and the shares get recorded according to the shares specified in the limitation of succession but this movement doesn’t take the legal shape without registering it in the notary public which requires performing the treatment of legacy movement at the directorate of proprietorial interests.

How does the treatment of legacy movement happen?

- The contract project gets submitted in six printed copies (or seven if a copy is added to the security sides). The heir who submitted the demand pays the due fees at the financial directorate.  The contract project gets submitted to the chief of the office in order to specify the appointment of signing and documenting the contract. And the following documents shall be attached to the contract:

Limitation of succession (religious or legal) based on the legitimate type of the property as well as civil family records of the deceased persons and the heirs with a recent date that is less than 10 days old.  And a financial record for the property along with an acquittal that can be brought from the financial directorate within the same year.  And a legacy acquittal that states that legacies fees has been paid according to decree 101 for the year 1952 as well as a proprietorial record that was issued recently within ten days.  If the implementer of movement treatment was an attorney for the heirs, he shall attach an authorized copy of the mandate with a day of authorization that isn’t more than 7 days old. The contract gets authorized by the head of the office after getting the signature of the applicants of movement on the copies of contract. And after registering the contract in the notary public:  The ownership of the property becomes under the names of the heirs according to the shares they inherited.  And the ownership deeds get written under the names of the heirs within ten days from signature.

The absent and missing is the person that nobody knows anything about him and it is not known whether he is alive or dead, and the provisions of the missing person are applied on a big number of Syrians who got forcibly disappeared, missing and detained in unknown areas.  And till his death is proven, the missing person keeps his ownership till the judge decides to announce his death.

The judicial attorney is allowed to spend some of the missing person's money on his wife and minor children because their alimony is mandatory on the missing person whether in his presence or absence.

How to issue judicial mandate for the absent person?

The demand gets submitted by one of the missing person’s relatives to the religious judge attached with the following papers: Civil registry record: For both parties and it can be acquired from the civil registry, as well as an extract from the criminal register for the attorney. In addition to an authorized copy for the police minutes of being missing along with a certificate from the Mukhtar.  After that the religious judge issues the judicial mandate for the missing person in the consultation room after short period and simple procedures.

- No, the creditor cannot sell your property in public auction by his own decision because selling property in public auction happens based on a final judgment from the court,  or based on a managerial decision (from the minister of finance for example) and the selling happens in public auction through the chief of enforcement. The most popular cases of this type of selling: refusal of the debtor to pay debt to the creditor with the existence of a trust receipt.  In this case the creditor puts the mark of provisional seizure on the property of the debtor and then it changes, pursuant to a decision from the court, to executive seizure. The same thing happens when the bank puts a mark of executive seizure on the cadaster of a property under seizure when the debtor delays in paying the loan. It also happens for the commonage settlement for the property though the court as the property gets sold and its price gets divided on the partners according to their shares.

- How does property get sold in public auction? The selling gets executed through the “implementation circle” based on the final decision of the court and the invitation for the public auction starts and the auction gets earned by the one that provides the highest offer “highest number”. Then the chief of implementation issues a decision of referring the property of the auction to the person who won it and then writes a letter directed to “secretariat of the notary public” in order to move the property under the name of the buyer. The contract gets written and attached to a group of documents like referral letter written by the chief of implementation.  Acquittal from the ministry of finance.  Along with a statement of financial record of the property, and a statement of proprietary record for the property. And a civil record for the owner of the property (the sentenced) and a copy of the personal identity of the buyer (judgment creditor) and write a proprietary contract from /6/ copies. As well as a financial voucher with the due charges and then the ownership gets moved to the person that won the auction.  And for reminding only, the Syrian Minister of Justice has issued in February 2018 a decision that prohibits selling in public auction before getting the security approval.

The origin is that the person can sign in front of the chief of the notary public office or in front of the notary public by his personal identity or valid passport and in case he lost both of them, the minutes wrote at the competent sides shall be accepted with the notice of getting a replacement for the personal identity. As well as a statement of civil record that carries the picture of the stakeholder and it shall be marked with the stamp of the Mukhtar of the region in addition to two witnesses that recognize the stakeholder in front of the notary public and their fingerprints shall be added in the draft of the deed wrote at the notary public originally or at the chief of the notary documentation office.

When a person needs to raise a claim on the heirs of someone died and they didn’t issue a limitation of succession or refused to give a copy of it to the claimant, and since the claimant needs to know the heirs in order to mention them in the claim's summon, he is obliged to issue a limitation of succession.  The solution found by law is that law allowed the claimant to issue a limitation of succession that is related to the claim he will raise and he shall submit a demand to the court that he will raise the claim in in order to get permission to issue limitation of succession related to the claim and this permission decides to get the limitation of succession. Her the claimant should search to know the civil register related to the deceased person (class number in the domicile department) and get a family record for the deceased person from the civil status.

A limitation of succession related to the claim get issued according to the ordinary procedures and doesn't need a referral to the financial directorate.  The religious judge or the magistrate (according to the limitation of succession) shall issue the document under the name: (Limitation of succession related to the claim) and it’s not allowed to use this limitation of succession for any purposes other than this claim exclusively as for example the heirs can’t get an authorized copy for it or use it to transfer the money of the deceased person or for other purposes. That is because   this deed is a limitation of succession that is exclusive to the claim.

A group of primary advices for displaced owners to protect their property rights in their original places of residence.

1- It’s useful for houses and properties owners to:  Keep all papers and documents that prove their ownership like (ownership deeds- attorney of buying the property or housing that is documented in the notary public if it's available- legal and legitimate documents of counting inheritance- decisions of judgments issued from courts- allocation decisions issued from residential associations).  And it’s also useful to keep any document that will help in defining ownership like certificates of water, electricity and landlines subscription and vouchers of tax circles.

2- Regarding normal selling contracts (or customary contracts) that is entitled with a fingerprint or a signature:  It’s recommended to localize these contracts at the notary public which means keeping the contract as a consignment in the notary public and getting an authorized copy for it that is marked with the sentence: Origin of this copy is kept with us under a number and a date pursuant to article 9 from the law of notary public no.15 for the year 2014.

3- Regarding attorney of buying properties or housings that are registered at the notary public:  There is an important procedure that be done by the attorney which is putting a sign to his benefit in the notary public.  It's called the sign of temporary record.  This is a temporary precautionary measure or procedure with the purpose of keeping rights and informing all people about the existence of a right for other in this property.

4- Reconciliation on ordinary contracts with what is called endorsement of deed by paying the fee of stamp at the financial circle:  It’s regarded a useful procedures because it gives the deed an additional power.

The consensual sorting occurs by submitting a demand to the notary public (in order to commission a surveyor to sort and allocate) that get registered in the notary public and then it gets referred to the survey secretariat where the file gets handed to an engineer or an expert surveyor.  And then an appointment gets specified and told to the stakeholders. The specified appointment the survey team (engineer with the surveyor and his assistant along with equipment) to the position of the property as the property gets drawn and divided on the ground and a technical project, that include technical charts that state the drawing of the property after sorting, gets written and attached to the minutes of boundaries to accurately set the borders of every new property.

All the file gets referred to the notary public which refers it to the municipality or the governorate or the directorate of technical services in order to authorize the sorting.  After authorization the file gets referred to the financial directorate: In order to specify the financial value of the new sorted properties and finally the sorting contract gets written by the office a proprietary facilitator (treatment facilitator) and get attached to the following documents:

- The original title deed of the property before sorting.

- Statement of new financial value in order to count the charges based on it. 

- A statement of proprietary record issued from the directorate of proprietary interests with a recent date (less than ten days). 

- Financial record: From the financial directorate and it must be within the financial year.

- A financial voucher with the charges along with a letter with the details of the charges. 

- A copy for the personal identity cards for the owners.

- A deed poll certificate that is authorized at the notary public that indicates the absence of any rights in rem for others in the original property. 

After that the file gets put at the chief of notary public in order to get audited and an appointment gets specified for the parties to attend and sign the contract in front of him in order to document the sorting.

The file of the contract moves to the notary public where a new pages get opened for the properties that resulted from the sorting process and allocation. The new properties get registered under the names of the new owners and then the new title deeds get issued with new numbers and get handed to the owners.

There is a very important point which is if the property is located outside the organizational chart, it can’t be divided into properties that less in space than four thousand cubic meters but if the property is located inside the organizational chart, the space won’t form a problem but the sorting has to conform to the system of the municipality or the governorate.

a. After the issuance of decree No. 36 for 2014, it becomes permissible for a member to waive his membership number or subscribe or house allocated. This can be done under article /1/ by one the following ways: waiving before the housing association or Waiver by judicial judgment of membership replacement.

1- Waiving before the housing association

Where both parties agree on the status of the assignor at the association (saver, subscriber, allocated to, or housing recipient) against an agreed amount, this include waiver, name of association, number and date of receiving request, name of assignor and assignee, subject of waiver and approval of board of directors on waiver. Board of director's approvals is then accompanied with waiver approval and the association submits the request to the Housing Cooperative Union that authenticates the waiver and adds incoming number at registration records.

b. Waiver by judicial judgment (membership replacement):

- Judgment shall be imperative and having the Writ of Execution at the execution circuit. "Where the judgment is submitted to board of directors to take all required actions mentioned above. Documents to be attached according to status of the member, within 15 days of submitting the request to the association board of director's resolution will be issued, and within another 15 days after the issuance of board of director's resolution to the subsidiary housing cooperative union. Accordingly, the assignee become the eligible party of this membership and acquires the capacity of (saver, subscriber, allocated to, or housing recipient).

a. Purpose of such unification: Owner of contiguous properties would like to construct a large area building on the contiguous properties and he can't get a license unless it's one property with the minimum area required. He may then tend to conduct unification transaction which is classified as a technical transaction owners of contiguous properties may do, this technical transaction is known as "merging and unification".

b. Terms required performing the unification transaction:

Properties are contiguous, at same real estate zone. They shall be also from the same legal category (i.e: it isn't permissible to unify a property of "Shari ownership- susceptible to full ownership" with a property of " amirié (or miri) – Land owned by the State" property.  A property with higher number to be unified with properties with lower numbers, registries of small properties to be voided.

c. stages and procedures of this transaction:

1- Submit a request to real estate commission to assign a technical with cadastral records of required properties to assure non-existence of signals prevent performing the unification transaction "such like lien and acquisition" and verify names of properties' owners.

2- The necessary assignment is organized by the Costs Division, which refers it to the Survey Department in order to organize the technical project, where a sworn engineer is assigned to move to the ground in order to inspect the properties, and he draws the technical charts that reflect the shape of the properties after unification, and the organize boundaries including the description of the properties.

3- The project to be transferred to real estate registry where the project will be handed to property's owner, and then it will be transferred to the municipality or the governorate to authenticate the technical charts. 

4- Upon completing the legal documents, the unification contract is made (7 copies of contracts, financial statement from finance directorate where the property is located including the financial value before and after unification where charges required on differences between the value before and after unification is calculated.

5- Transaction to be documented before head of real estate registration, and registered at the Survey Department.

6- Authenticated contract to be transferred to registration division where the registrar voids registries of properties that have been unified and to place an encumbrance of equitable lien upon the cadastral certificate of the unified property of this transition and the title, finally, the title is transferred to the competent official to hand it to the property owner.

After moving the ownership of the seized property from the name of the owner to the name of the seizing side, the owner shall submit a demand to the directorate of proprietorial interests asking to give him a statement of (ability to disburse seizure allowance).

The demand gets provided to the office of auditing in the directorate of proprietorial interests attached to the following documents: A copy of the personal identity of the applicant of the demand as well as a proprietorial record for the seized property and a financial record for the property that is issued within the financial year along with a comprehensive acquittal issued from the financial directorate and two acquittals from the water and electricity facilities and a group of stamps with different types and values get added to the demand.

After submitting these demand, the owner gets a paper from the auditing office that carry the number of the demand and the date of submitting it. After that the statement of (ability to disburse seizure allowance) get issued within a period that is between two and seven days. The owner goes to the financial department of the seizing side and submit the statement of ability to disburse seizure allowance to it and take the value of the seized property.

There are two ways to get the easement right of passage in a neighboring land as the easement right of passage gets proven either by commitments imposed by law and registered in the cadaster.  Or through sale agreements held between the owners of properties.

The first case: Agreement of the two parties to buy easement right of passage in order to reach the public road after agreement on the price of the right and the location of the road and its width.    The two parties sign the contract and a chart shall get drawn for that road from the property.

The second case:

When it is not possible to have an agreement between the two parties, the owner of the surrounded property shall have the right to raise a claim (that proves an easement right of passage) as the court issues its decision with registering this right in return for a fair compensation for the owner of the property committed to implement this right.

How to register this right?

The easement right gets registered in the notary public pursuant to a legitimate contract that gets provide to the notary public and the file of this contract shall contain the following papers:

A statement of proprietorial record for both properties, acquittal for both properties, copies of personal identities for all parties, title deeds of the two properties concerned in the easement right, a contract that is printed in /7/ copies and the letter of charges and the financial voucher. As well as a copy for the decision of the judicial judgment attached to the statement of the implementation manager and a statement of civil record for the losing party along with a chart that states the location of the easement right. This file gets handed to the head of the notary public and he specifies an appointment for the parties after auditing the file.

The parties attend at the specified appointment and the contract gets documented and a new appointment gets specified for the technical inspection as the parties attend to take the survey team to the location. After completing the process of the technical survey, the parties sign on receiving the location of easement and by that the approval of easement right ends.

The mark of interim consensual record gets put on the cadaster pursuant to a project contract that gets submitted to the office of notary public and the file of this project shall include:  Copies of the personal identities of the parties. A proprietorial record statement that is issued recently within /5/ previous days, a contract that is printed in /7/ copies, letter of financial charges as well as the financial voucher.

In case putting the record pursuant to a mandate (it will require providing a mandate that is authorized from not more than five days) with a recent civil record for the constituent. And if the property subject of the contract falls within a borders area, it will require bringing a border license from the ministry of interior to put this mark.

The allocation contract gets registered by submitting a contract project to the head of the notary public attached with the following documents: Allocation statement from the management of the residential association as well as statement of commissioning the representative of the association who will sign the contract of allocation and a survey statement from the survey department and copies of personal identities of all parties that will sign, acquittal from the ministry of finance within the same financial year, a financial record statement and the title deed. And after auditing the contract by the head of the notary public, the parties sign on it and it gets document by the head of the notary public and the contract gets referred to the registration division to be registered under the name of the person that got allocation.

The mark of claim get registered or canceled at the notary public in the same procedures.  As a file of contract project gets prepared and the imposed charges get paid and the file shall contain the statement issued from the court that decided to put the mark or decided to cancel it along with a statement of proprietorial record that is issued within five recent days prior to the date of documenting the contract, a printed contract in four copies, the letter of imposed charges and the payment voucher and the contract shall paid a varied group of stamps and the values of these stamps change every while. The head of the notary public documents this contract the mark get registered or canceled within one week maximum.