Questions to notary

Enter code - captcha

Visi klausimai ir atsakymai

270

I would like to ask whether the currently valid Law of Republic of Lithuania allows traveling with under-age children with only one of the parents? Whether the written consent of father is still needed or not?

In case the child travels abroad on a provisional basis with one of the parents, the written consent from the other is unnecessary. In case child’s surname differs from the parent he/she travels with, child’s birth certificate is also needed, alongside all other documents. If the child travels alone or with a person, accompanying him/her, the consent and its copy at least from on of the parents or guardian (foster-parent) is necessary. In the consent, the validity of the signature must be certified by the notary or Diplomatic Mission of Lithuanian Republic or the officer/foreman of Consultant Office.
269

We, I and my spouse, are the co-owners of real estate (RE) and have two under-age children. I would like to inquiry whether the spouse still must be present, after the authorization with the permission to sell-buy RE have been signed, in the moment of selling-buying, or I, myself is enough?

If one of the spouses has an authorization to act in the name of other spouse, the participation of the latter while making a deal, regarding the real estate, is unnecessary. The leave from the court is necessary for the making of deals of real estate, that is the family property. The other spouse in the court can be represented by an authorized person.
268

I would like to inquiry which documents are needed for the formation of the agreement of the estate grant (mother grants to the daughter), and whose person participation is necessary.

For the answer see near 156, 67 and 6 answers to the questions.The notary orders the necessary note, regarding the formation of the contract, From the Public Enterprise Center of Registers.
267

In short. Mother has a homestead. We are two children. I want to build the extension to a household building in the domain of the homestead, using my own assets.Question. How to file the documents de jure, that while dividing the property, the extension of the building would remain in my possession and would not be included in the “common pot”, to be divided.Or I will ask in other words: what agreements have to be signed with mother, that my further investments into the homestead, i,e. the extension and land under it, would not disappear or be commonly divided between.

The extension to be built would be considered the part of the main object (i.e. the part of household building), respectively, the extension, under property rights, would belong to the owner of main object (of household building), i.e. to Your mother.
266

The consultation and, undoubtedly, the issue of such a bargain is necessary – I am building the one-flat dwelling house on my own area, but which is pledged to mortgage to a bank for a credit. I want my friend to make a co-owner of the present building. Is it possible and what documents are needed for that?

The asked question is not informative. Please, contact for the consultation to the notary. The address of the notary office You could find by the following internet site www.notarai.lt.
265

Is the early registration needed, when concluding the agreement of buying-selling. Also what documents are needed while coming to You.

For the answer see near 23 and 9 answers to the questions.The notary orders the necessary note, regarding the formation of the contract, From the Public Enterprise Center of Registers.
264

After the death of mother, there were no testaments left; the parent before his death had granted the house to the sister. Do the other children could claim to the part of the house, that had belonged to the mother? Is this matter difficult?

Referring to Your information supplied, it is impossible to give an unambiguous answer. We recommend to apply to the local notary office of the rise of inheritance both after the death of the mother and father, having the all necessary documents. The territory, administered by the notary, is determined according to the last declared place of living of the decedent. The distribution of territories, administered by notary offices in Lithuania, you will find on the website of Lithuanian notary chambers www.notarai.lt.

Under the necessity, the notary, which guided the lawsuit, could recommend You to contact the lawyer for the defense of the rights under the judicial order.

263

Mother died more than 10 years ago, we are two sons. How to gain the right for inheritance? She had not concluded the testament.

Legatee, wishing to receive the inheritance, must apply to the local notary office of the rise of inheritance, in which the lawsuit of inheritance took place. Each notary office has a concrete territory, which it administers, therefore, to which notary office to apply, it is determined referring to the descendant’s last declared place of living. The list of streets, administered by The First Notary Office of Klaipeda city, You will find on our website. Meanwhile, the distribution list of the whole territories, administered by notary offices, You will find in the website of Lithuanian notary chambers www.notarai.lt.

262

As we are living in Ireland, at this moment, we would like to know whether my and spouse’s (owners’) signatures would be required, when signing the warrant of attorney with the permission to sell real estate, in any time? Whether we need to come back? And if yes, how much time would it take?

Civil Code of Lithuanian Republic indicates an opportunity for the individuals to transact with a help of a representative. Under the necessity, the parties can conclude purchase-sale contract by their attorneys. However, an attorney will be able to perform only those actions, that had been indicated in the warrant of attorney. All the disputes, that are not benevolently clarified between parties, will be tried in the court.

261

We have concluded the contract of „Flat transfer for maintenance for life“ which indicates: to allow to live in a flat, by supplying with one set of keys, to visit 2 times in a week, to tidy a flat, to bring food, to see about cloths, in specific cases – to provide with medical care at home or from healing institution, to pay for public utilities (by my own cash). However, the dependant has fallen ill with Alzheimer’s disease, senile dementia, hydrocephalus and for this reason she is absolutely unable to live alone – she needs constant care and nursing. It is impossible to find a person for the care of this kind of patient, during a short period, therefore, I have accommodated my dependant (with her consent, her signed application) in old people’s home and under the terms of the agreement, signed with old people’s home, I pay 59, 50 Lt for each day. Moreover, I have maintained the empty flat of my dependant for 11 month (which, according to the contract concluded, belongs to me), and under the loan’s agreement during the academic year I have allowed a student to settle there since September, 2007. I would like to inquire which document regulates, what sum I should pay for dependant? She claims that I do not take care of her and do not provide with proper conditions, which I have undertaken by signing a contract.

6.461 Article of Lithuanian Republic Civil Code indicates that a duty of a rent payer to maintain for life, includes a duty to supply rent’s receiver with a place of living, cloths and other outfit, food, and, in cases when state of health requires - his/her attendance. The parties under the contract of maintenance for life may establish the value of all maintenance. In this case the value of one month maintenance can not be less than one minimal salary. The second part of Article 6.464 of Lithuanian Republic Civil Code provides that in cases when a payer of rent infringes a contract, the receiver of rent has a right to claim payer of rent to give back the transferred property or to pay redemption price under the conditions, provided in Lithuanian Republic Civil Code.