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     Address: Damascus, Hamra Street, Dahabi Bld, 2nd Floor

     Number: 00963933824180

     Email: albaraa.fi@gmail.com

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Everything You Need to Know About Your Legal Rights

Legal FAQs Guide

The real estate registry is a collection of documents that show the description of each property, its legal status, the rights associated with it, and all transactions and modifications that occur on it.

The land registry consists of :

  • The property ledger: The property ledger includes the property number, the name of the area in which it is located, its size, description, legal type, and the name(s) of the owner(s) (If the ownership is joint/shared)and all rights associated with it or against it, along with the transactions related to it that are recorded in the daily register.

  • The journal ledger: It records all transactions related to the property, such as sales, mortgage liens, lawsuit notices, and others.

  • Minutes of determination and clarification: These are issued by the temporary real estate judge when the survey and clarification work begins. They include the property number, the name of the area in which it is located, its description, its legal type, and the name(s) of the owner(s) (If the ownership is joint/shared)and all rights associated with it or against it, as well as whether any objections have been raised by any person regarding this property.

  • The cadastral maps: They are a representation of the property's actual shape in nature.

The land registry is considered one of the most important systems established in Syria due to the role it plays in protecting individual ownership, preserving citizens' rights, and ensuring that every person has the opportunity to claim their property rights, register them, and legally manage or transfer them.

The property ledger is considered the fundamental pillar upon which the land registry is based. It is a record that contains complete and comprehensive details about a property and can be referenced to obtain all information related to it.

The property ledger is divided into several sections in which the following are recorded: The property number, the cadastral area it belongs to, the legal type, the location, the area, and the name(s) of the owner(s) (If the ownership is joint/shared)the share owned by each owner, the reason for ownership, the number and date of the judge’s decision based on which the property ledger was opened, all notations or annotations affecting the property, the rights associated with or against it, in addition to all transactions carried out on the property.

It is an official document that proves a person's ownership of a specific property, issued with an official seal by the land registry office responsible for the cadastral area where the property has undergone survey and clarification procedures. The deed is a copy of the property ledger and is issued only to the property owner or their legal representative .

The ownership deed includes the property number, the name of the area in which it is located, its size, description, legal type, the owner's name and share, all rights associated with or against the property, as well as all notations or burdens registered on it (Such as a lawsuit notice, seizure, lien, or mortgage)as of the date of issuance of this deed or its verification.

The ownership deed is the official document that proves a person's ownership of a specific property. It is one of the important documents that must be kept safe from loss, as it serves as an identification card for the property, and property owner cannot carry out any consensual real estate transactions (Such as sale, insurance, partition, or others) without possessing an ownership deed that identifies the property and proves ownership of it.

The ownership deed becomes invalid after the owner's death; therefore, a transfer transaction can be carried out (Transfer of ownership to the heirs) based on the property registration extract, without the need for the ownership deed.

Anyone who wishes to obtain a "replacement" ownership deed for a lost one must go to the land registry office that corresponds to the property in question, bring the original deed, and request a "replacement" deed, ensuring all required stamps are paid.

After the relevant employee verifies the condition of the deed and confirms that it is indeed damaged, they will issue a new "replacement" deed and hand it over to the property owner.

 

The "replacement for lost" transaction is submitted to the land registry office along with the following documents:

  • A property registration extract for the requested property.

  • A "replacement for lost" request form with the required stamps.

  • A copy of the identification card.

  • A report of the loss of the ownership deed, prepared by the head of the office.

  • Seven copies of the announcement, six of which are directed to the "Arab Advertising Institution," and one copy to the official gazette, in order to announce the loss of the ownership deed, along with the payment of publication fees.

After the announcement period in the official gazette has elapsed, which is typically15 days after the announcement period in the official gazette has elapsed, which is typically 30 days from the date of publication, a notice confirming the announcement of the deed's loss and the expiration of the period is obtained. This notice is then submitted to the land registry office, where the request is forwarded to the relevant employee. The employee will then issue a "replacement for lost" ownership deed and hand it over to the property owner or their legal representative (Based on the power of attorney)and the phrase "replacement for Lost" is written on the new document.

A property registration extract is a document issued by the land registry office responsible for the property. It is a copy of the property ledger as of the date of issuance, because the property ledger may change after the extract is obtained.

The property registration extract request includes several fields where the following are recorded:

The property registration extract includes the property number, the cadastral area it belongs to, the legal type, the location, the size, the name(s) of the owner(s) if the ownership is shared, the share owned by each owner, the reason for ownership, the number and date of the ownership contract, as well as all notations or annotations affecting the property (Lawsuits, seizures, mortgages)and the rights associated with it as of the date of issuance.

Anyone who wishes to know the status of a specific property can submit a request to obtain a property registration extract to the land registry office responsible for the property, after fulfilling the required legal stamp duties.

A land survey extract is an official document issued by the land survey office responsible for the property, in areas where the land has not undergone definitive surveying or registration processes. This extract reflects an approximate area, as the measurement may not be entirely accurate (That is, it may involve uncertainty, whether an excess or a deficiency).

The land survey extract consists of several fields, including the property number, the cadastral area, and the area in both numerical and written form.

To obtain a land survey extract for a specific property in an area where the land size is not final, you must submit a request to the land survey office responsible for the property. The request must include the required legal stamps. Additionally, ensure that the extract is signed by the relevant employee and stamped with the land survey office's seal and signature.

A land survey plan is an official document issued by the land survey office responsible for the property. It shows the property's boundaries on all four sides, its area, an overall plan of the properties in its vicinity, the property's location relative to neighboring properties, and a scale of the drawing that includes all changes affecting the property.

To obtain a land survey plan for a specific property, you must visit the land survey office responsible for that property, submit a request along with the required legal stamps, and provide it to the relevant employee.

The required documents are:

  • A birth notification from the hospital where the birth took place, or from the attending physician or licensed midwife. Note: Some affected areas are exempt from the birth notification document.

  • A birth certificate is obtained from the local mayor (mukhtar) based on the birth notification for home births, and a birth certificate from the hospital for births that occurred in a hospital (it should be noted that the mukhtar is the one responsible for the registration or the area where the birth took place).

  • The family card (The family book) If a family card is not available, the personal identification cards of the spouses are required, along with a family statement proving the marriage registration.

  • These documents are submitted to the Civil Registry office (Al-Nufus) the place of the father's registration or the place of the birth event, where the event is recorded and a birth certificate is issued.

The following documents are required:

  • Obtaining a birth notification document from the hospital where the birth took place.

  • Obtaining a birth certificate from the mukhtar or the competent authority in the country where the birth took place.

  • The above documents are submitted by the father, mother, or a relative of the newborn who is an adult, within nine months, to the Syrian embassy or consulate, along with a copy of the marriage contract, family card, or any other document proving that the marriage has been registered in the civil status records in Syria.

  • The document submitter fills out the required registration form, signs it, along with the signatures of two witnesses and the consulate. The diplomatic mission then completes the registration process at the relevant civil registry office in Syria.

In the case of registering a child born in Syria to a Syrian mother married to a non-Syrian man, the following steps must be followed:

  • A birth certificate issued by the mukhtar of the area where the birth took place, based on the birth notification from the hospital where the birth occurred or from the licensed midwife who assisted in the delivery.

  • A copy of the father's national passport.

  • A civil registration statement for the wife, detailing the husband's full name and the marriage date.

  • Stamps (for legal or administrative purposes).

  • The aforementioned documents are submitted to the civil registry in the parents' place of residence, where the birth is registered, and then a birth certificate is issued.

In the case of registering a child born to a Syrian mother without the father's identification, the following steps must be followed: If the father is unknown, the child's lineage can be established through a lawsuit before the competent court based on the mother's civil registration record and the child's birth certificate. Based on the court's decision, the child can be officially registered in the competent civil registry, and a father’s and grandfather’s name may be assigned for the child’s lineage (Kunya-Patronymic).

  • Anyone who finds a person of unknown parentage must report it to the police or the local official (mukhtar) immediately upon discovery, so that the necessary report can be filed, and then the person is to be handed over to one of the institutions or individuals approved by the Ministry of Social Affairs and Labor.

  • The institution issues a birth certificate, and the person is registered in the civil registry after the center selects a name for them, as well as names for both parents, a maternal surname, and a grandfather’s name. The grandfather’s name is either attributed to the person or suggested by the care centers for those of unknown parentage only.

  • The phrase "of unknown parentage" must not be mentioned in the documents issued to the person. A person of unknown parentage is considered an Arab Syrian Muslim, born in Syria and in the place where they were found, unless proven otherwise.

  • A person of unknown parentage may be granted the surname of the foster family based on a written request from the head of the family and the approval of the person of unknown parentage if they are over eighteen years old, and their surname is accordingly corrected in their personal records.

  • A "Maktoum" statement obtained from the local official (mukhtar) in the presence of the guardian, the child, and two witnesses who must have been at least eighteen years old at the time of the child's birth.

  • A police report to state the reasons for being unregistered, organized by the father in the presence of two witnesses.

  • These documents are submitted to the Committee for the Registration of Unregistered Persons in the Civil Registry (The Civil Registry).

  • A report of observation and age assessment organized by the Age Estimation Committee.

  • The documents are sent to the relevant authorities to obtain the required approvals.

  • The concerned authority studies the matter, and if approved, a fine of twenty thousand Syrian Liras will be imposed, to be paid to the Ministry of Finance. This completes the unregistered person's procedure without any obstacles within a year.

  •  The responsibility to report a death lies with the deceased's parents, descendants, or spouse. It is also permissible for the deceased's adult relatives up to the fourth degree to report the death.

    The death is registered based on a certificate from the local official (mukhtar) accompanied by a medical report confirming that the death was natural. In places where no doctors are available, the certificate from the mukhtar stating that the death was natural is sufficient.

  • A medical report from the doctor confirming the occurrence of the death.

  • A death certificate from the hospital where the death occurred or a death certificate from the local official mukhtar (The local official (mukhtar) of the area where the death occurred or the mukhtar of the place of registration) signed by two witnesses in case the death occurred outside the hospital.

  • The family card of the deceased.

  • The personal identity card of the deceased or any other proof of identity, or a written declaration from the deceased's family confirming the loss of the identity card.

  • These documents are submitted to the Civil Registry Office where the deceased is registered. The Civil Registry official will then verify the death certificate against the personal identity card or family card (The family book) or the computerized family registration statement. After verification, the death statement is sent to the Civil Registry Office to which the deceased's registration belongs.

Due to the displacement of people from some Syrian regions to other governorates, a problem arose with electronic data entry errors in the Central Civil Status Directorate. This error involves certain events not being recorded in the system, despite individuals having properly registered them at their local Civil Registry Office. As a result, some people had to submit requests for computer error corrections to the central office or the Civil Registry Office responsible for following up on their matters.

Therefore, to submit a request for correcting a computer error, the following procedures must be followed:

  • A request submitted by the concerned parties, detailing the error to be corrected.

  • A statement confirming the existence of this error in the central computer system.

  • Documents proving that the concerned party properly registered the event, such as (A copy of the family book proving the registration of the birth of one of the children).

  • The woman is entitled to the dowry (mahr) as soon as the marriage contract is valid. It is the financial right that the husband must pay to his wife upon the marriage contract. She has the right to the dowry whether it was specified in the contract or not, or if it was entirely omitted. There is no minimum or maximum limit for the dowry; anything that is legally permissible and can be committed to is valid as a dowry, whether it is money, labor, or a benefit.

  • The marriage contract, with regard to the immediate dowry (mahr), is considered an enforceable document.

  • When the dowry is paid, either in full or in part, the value is based on the purchasing power of the dowry at the time of the marriage contract. The dowry of the equivalent (mahr al-mithl) should not exceed the standard dowry at the time of its entitlement, unless there is a condition or custom to the contrary.

The husband is required to provide his wife with a dwelling that is suitable for marital life, as stipulated by the personal law (65) , the husband cannot house his wife in the same house with a co-wife (second wife) without her consent. Furthermore, according to the latest amendment to the personal status law, even if the wife initially agrees to live with the co-wife in the same house, she has the right to withdraw her consent if it is later proven that living together causes harm.

The husband is obligated to provide maintenance (nafaqa) to his wife during the marriage if he refuses to support her or proves to be negligent. The marital maintenance includes food, clothing, housing, and medical care, as is customary. The wife can claim maintenance for up to two years prior to the date of the claim, according to the latest amendment to the personal status law. The maintenance is determined based on the husband's financial situation, whether he is in ease or hardship, regardless of the wife's circumstances. Maintenance is also required even in cases of differing religions, as long as the marriage contract is valid

If a woman's husband dies while the marriage is still in effect, she is entitled by legal share to inherit from him. She receives one-fourth (¼) of his estate if he has no direct heirs (children or grandchildren), whether male or female and whether from her or another wife. She receives one-eighth (⅛) if he has direct heirs, regardless of their gender or which wife they are from.

In the event of the dissolution of the marital bond, the deferred dowry becomes due to the wife, as it is tied to one of two terms: either divorce or the husband's death (divorce or death) If the divorce results from a separation lawsuit (tafriq), the wife is entitled to a portion of the deferred dowry based on the percentage determined by the Sharia judge, according to the degree of fault attributed to each spouse as assessed in the report of the two arbitrators.

If divorce occurs before consummation or lawful seclusion, the man must pay his divorced wife compensation equivalent to the clothing of women similar to her social status upon leaving his home, taking into account the husband's financial situation. This compensation must not exceed half the customary dowry (mahr al-mithl) and may be paid either in a lump sum or in installments.

Note: The immediate dowry (mahr) is considered an acquired right of the wife.

  • The man is obligated to provide maintenance (nafaqa) for his wife during her waiting period (iddah) after divorce, separation, or annulment. The maintenance during the waiting period is considered the same as marital maintenance, and it is due from the date the iddah begins. However, maintenance is not required for a period longer than one year.

  • According to the latest amendment to the Syrian Personal Status Law, a woman in the waiting period (iddah) due to the husband's death is not entitled to maintenance, except if she is pregnant.

  • If a man divorces his wife unilaterally without a valid legal reason and without her request, she is entitled to compensation from her ex-husband, which may not exceed the maintenance for three years for women in her situation, in addition to the maintenance during the waiting period (iddah).

  • The woman who is the custodian (guardian) of her children is entitled to a fee for her custody and breastfeeding after divorce.

A woman in the waiting period (iddah) following divorce or death is entitled to live in the marital home for the duration of her iddah.

The wife is entitled to inherit from her husband if he dies while she is in the waiting period (iddah) of a revocable divorce (raj'i). This type of divorce does not sever the marital bond, and the husband has the right to reconcile with his wife during the iddah without a new contract or dowry. If it is proven that the divorce was initiated by the husband, she retains her right to inheritance (Fasakh divorce - annulment divorce) in this case, the divorced wife is entitled to her share of the inheritance.

  • A judicial agent for an absent person is appointed through a request submitted to the Sharia judge by one of the person's relatives or someone with a vested interest in the matter. The request is to appoint the judicial agent on behalf of the absent person.

  • The request to appoint a judicial agent must be accompanied by a police report properly organized regarding the disappearance of civilians, or a decision from the specialized committee for missing persons at the Ministry of Defense concerning military personnel, and from the Ministry of Interior for police officers and internal security forces.

  • The request must be accompanied by a document stating that the applicant has no criminal record and a family certificate proving the familial relationship with the absent person.

  • A report from the local mayor (mukhtar) with the presence of two witnesses confirming the eligibility of the applicant for the judicial agency and their good character.

  • A movement statement for the absent person must be requested from the Immigration and Passports Department to track the movements of the absent person.

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