1. Who has right on property restitution and compensation?
Answer: Domestic or foreign person, endowments and some legal entitieswho returned their former property based on work load.
2. Where the claim shall be submitted?
Answer: In some of the post offices that have specially opened counter for submission of claims for restitution (list of the post offices is available on internet pages of the Agency and of the Post Office) which will be further proceeded to competent regional unit of the Agency in accordance with residence of former owner at the time of property confiscation. (Belgrade, Novi Sad, Nis, Kragujevac).
3. What is the deadline?
Answer: 2 years after the date of announcement on web site of the Ministry for Finance, more precisely until 1st of March 2014.
4. How do I apply for restitution of confiscated property?
Answer: On the prescribed form published on the site of the Agency or by taking the form in the post office or in the Agency for Restitution. The form includes mandatory data and mandatory evidences (marked by star on the form sheet).
4. 1. TO FILL IN ZVIO FORM IF ALL DATA ARE WELLKNOWN
ZVIO form can be obtained in the post office or downloaded from the site of the Agency for Restitution or from the site of the Post Office. The form is consisted of mandatory data marked by stars and mandatory evidences that are to be attached with theclaim (notice: on the 2. page in the section CONFISCATED PROPERTY DATA star was not put by mistake, but it is mandatory to fill in all gaps: type and name of confiscated property; location; appearance and condition of the property if it is known and on page 4. in section CLAIMANT DATA paragraph 3. LEGAL RELATION WITH FORMER OWNER, by mistake star was also not put, but it is mandatory to fill in mentioned gap that refers to status of claimant in relation to former owner).
4.2. TO OBTAIN EVIDENCES OF OWNERS OF CONFISCATED PROPERTY OR LEGAL INHERITORS
For former owner-natural person:
For former owner-endowment
Certificate from the register in which the endowment is registered.
For claimant-natural person:
PLACE FOR OBTAINING PREVIOUSLY LISTED EVIDENCES (BC,DC, MC and other) COMPETENT MUNICIPAL REGISTRY OFFICE AND VERIFICATION SERVICE.
PLACE FOR OBTAINING PROBATE SOLUTION-RELEVANT MUNICIPAL OR ELEMENTAL COURT.
For the claimant-foreign citizen
Certification of documents issued by competent authorities of foreign state:
a) accessing to,so called full legalization of documents, consisted of certification of the document by competent institution of foreign state-usually the Ministry of Justice, the form so called “supcertification” certified by our consul in foreign state (that confirms that the document was issued by competent institution and supplied with stamp of the other competent institution that confirms its validity) and finally, translation of the document itself on Serbian language that shall be submitted with the claim of the claimant-foreign citizen. Case of full legalization of document refers to foreign states which are not signatories of Hague Convention and they do not have bilateral agreements on deliberation of legalization with Republic of Serbia);
b) signatories of Hague Conventionon abolition of need for legalization of foreign documents that supposes use of stamp, so called “apostil”, with later translation of the document itself on Serbian language (in USA- Office of State Secretary in United States).
c) existence of bilateral agreements on abolition of any kind of certification of documents issued by competent institution of two states (equal validity of documents of competent institutions issued by foreign state as well as of documents issued by competent institutions in domestic state like: BiH, Austria, Czech Republic, Slovakia etc.).
Specificity of proceeding in obtaining extracts from registry book for the case of existing of, so called international form, in accordance with convention on issuing extract from registry book on more languages, in accordance with Parisian convention from 1956 on issuing particular extracts from registry books for abroad (delivering extracts from registry book with the stamp of institution that issued it, is enough)
4.3. TO OBTAIN THE ACT ON NATIONALISATION FOR CONFISCATED PROPERTY (Decision on Nationalization, confiscation, Decision on Subtraction etc)
Place of obtaining act of nationalisation:
4.4. TO OBTAIN THE EXTRACT FROM REAL ESTATE REGISTER (the most recent excerpt from real estate registry, excerpt from ZKUL, property paper etc.) copy of cadastral parcel plan if the same has objects on it (competent service for Real Estate Cadastre), Identification Certificate of the previous and current measuring (competent service for Real Estate Cadastre)
Place of obtaining acts-competent service for Real Estate Cadastre
5. Certification of documents-photocopy - in municipality or in court’s counter for certification
6. To check the accuracy of filled in data based on collected documentation in form ZVIO
7. To schedule term for submitting the claim in post office on tel. 011/3607-505
8. Receiving the confirmation that the claim is submitted with number of the subject and possibility of further following of the proceeding of regional agency for restitution’s unit, to which the subject is forwarded.
Meanwhile collecting of documentation that could be relevant for resolution of the claim (terminating process of rehabilitation for confiscated property, legalization of objects if confiscated object was reconstructed, rebuilt, obtaining excerpt from the Real Estate Registry, excerpt from ZKUL, possession document, Identification Certificateforprevious and current measuring of the cadastral parcel and other evidences whose attachments are not necessary while submitting theclaim).
GENERAL RULES FOR THE CASE OF MORE FORMER OWNERS EXISTING, MORE PROPERTIES, MORE INHERITORS:
Rule Nr. 1: The number of former owners must be equal to thenumber of submitted claims
Rule Nr. 2: The number of claims must be equal to the number of legal inheritors, also one of them can submit the claim on behalf of all of them, but he must possess power of attorney given by other legal inheritors. Also, each one of legal inheritors can submit individually claim for filling in all mandatory data from ZVIO form and delivering all mandatory evidences in accordance with the Law.
Rule Nr. 3: If there are more properties under one owner it is possible to submit one claim by one claimant with notice that on 2. page of the form that refers to II DATA ON CONFISCATED PROPERTY all mandatory data related with all confiscated property must be listed and attached with mandatory evidences, and later also those that are mandatory but can be attached afterwards. In the case of more claimants rule Nr 2 shall be applied.
OBTAINING OF EVIDENCES EX OFFICIO BY THE AGENCY FOR RESTITUTION
Existing of reciprocity with foreign state and international agreement if the claimant is foreign citizen
1. Considering the fact that for some data there is no enough space in provided and framed fields, is it allowed to put in data also in the field below provided and framed field for filling in specific data?
Answer: It is allowed to write on separate blank sheet of paper with notice for which required data those additional information are, or if you fill in the form on computer, it is allowed to enlarge columns concerning property, legal relations etc. If the claim is submitted by more claimants it is possible to copy page 3 DATA ONCLAIMANT in the number of copies equal to the number of claimants (who claims same property-former owner).
2. Is it allowed to fill in the claim, downloaded from the site of the Agency for Restitution in electronic form, considering the fact that by doing that size of provided fields for data entering is automatically changing?
Answer: Yes, of course.
3. On the second page, where data on confiscated property should be entered , in the section “Location”, considering the fact that the name and the number of the street have changed, should current or previous name and number of the street be entered?
Answer: If you know those, it would be desirable.
4. On the third page, where data on property right and property nationalisation act should be entered, what should be entered in the section in which data on confiscated property right should be filled in, considering the fact that the owner of confiscated property was building the house and office space in it on its own and with its own means? Is the statement in Decision on Nationalisation, which states that the property of former owner and address and number of cadastral parcel and cadastre municipality are provided, enough evidence of property right?
Answer: Yes, it is enough. However, if you own old purchase contract, old claim from ZKUL or title deeds, it is in your interest to attach those documents with the claim.
5. On the fourth page, in the field provided for entering data on endowments (paragraph 2 with subparagraphs 1, 2 and 3) there is also paragraph 3- Legal relation with former owner. Is field where paragraph 3 is –“Legal relation with former owner”, valid just for claims related with endowments or also for natural persons from paragraph 1 from the previous page?
Answer: Legal relation with former owner refers above all, to natural persons, but also for endowments, if the endowments are claimantsof restitution.
So, you have to submit the Decision on Inheritancefor the other property, after deceased owner that has not been subject of subtraction, in order to prove who legal inheritors after the deceased former owner are, in order to include them all in the proceeding of restitution, if that kind of decision exists. If you don t posses the Decision on Inheritance you shall provide other evidences that prove your legal relation with former owner (Death Certificate of your legal predecessor if they died, Birth Certificate of your legal predecessors if they are still alive, your excerpts from Marriage Certificate etc.)
6. In the form for returning confiscated property and compensation it is necessary in Data about former owner to provide residence and residence at the time of confiscation. If in the Decision on Confiscation residence of former owner was listed, is it enough to enter that in the form, or is some other document necessary as evidence of residence?
Answer: It is enough to rewrite the data from the decision.
7. In the excerpt from Death Certificate the citizenship of former owner is stated. Is it enough to enter that in the form, or is some other document necessary as evidence?
Answer: It is enough to rewrite the data from the Death Certificate.
8. While entering data about confiscated property it is necessary to state type and the name of the confiscated property. If it is a house, should land on which the house was built and the house itself be entered separately?
Answer: They can be entered together, in example-“house and the land on cadastre parcel…”
9. The form provides entering data on property right of former owner on confiscated property. If in the Document of Property purchase contract is listed (date, price, buyer-former owner), and then the same house listed in the Nationalisation Act, is it enough to enter those data in the form if the inheritor does not possess the contract itself? (The house could not be subtracted if it was not in the possession of the former owner!)
Answer: Just the purchase contract should be stated.
1. I m interested if the land assigned to Salonika volunteers is the subject of restitution? Are bonds subject of the restitution?
Answer: If the land was confiscated after 1945 and if you have evidence/decision/resolution etc you have the right to submit the claim. The land was given to Salonika volunteers by the decision of the king for participating in World War I, that land was later on confiscated regardless the fact if the Salonika volunteers were registered with property right on the given land and regardless the fact if they have not “entered the property” and actually cultivated the land. So, if there is a Decision on Assignment, and later legal sequence with the Decision on Confiscating and Nationalisation of that land, pursuit regulation from article 2 of the Law Property Restitution and Compensation, we regard that that land could be the subject of the restitution. You should anyway submit the claim with all evidence available. Bonds are not the subject of the restitution.
2. Is it necessary, beside Birth Certificate, to duplicate documents on property and former owner while submitting common claim for more inheritors?
Answer: Claimshall be submitted by all inheritors and they can do that together on one form or individually. If the claim is submitted on one form it is necessary to copy the page about the claimant in the number of copies equal to the number of claimants and to attach filled in page with the claim. In that case it is not necessary to duplicate documents on property and former owner. It is also necessary to copy page 5 of the ZVIO form in same number of copies as the number of the claimants because each claimant has to sign it, except in the case when all claimants, based on power of attorney given by all of them, empowered just one of them to submit the claim on behalf of all.
3. The property in Sremski Karlovci was confiscated from my grandmother, as a member of Hungarian community, and considering the fact that I submit the claim for returning of the property, I would like to know who issues certificate for the fact that she was not taking part in crime acts during the war. To whom should I address, as on your web site there is no guideline for such a case?
Answer: It is not necessary to submit evidence that she was not taking part in the war.
4. While reporting confiscated property in 2006 claimant was my mother Ljiljana Sumenkovic, who passed away meanwhile. Can I, as her son, Aleksandar Sumenkovic take over the documentation?
Answer: You can do that at the Directorate for Property that was competent at the time and that was submitting claims for registration of confiscated property, with headquarters in Belgrade, with the address Gracanicka 8, tel- 3346-317
5. Property was confiscated from my grandfather DjuricRadosav, in accordance with nationalisation of rental buildings and city building land in 1959. I assume that Certificate of Rehabilitation is needed only in the case of property confiscation. My grandfather, born in 1883, was a member of Serbian army during the World War I, and with that army he crossed Albania and was on Salonika battle field. When World War II started in 1941 he was 58 and he was not taking part in that war.
Answer: Exactly. Evidence on terminated rehabilitation proceeding is valid court decision for convicted subject and if the proceeding is not terminated, evidence for the Agency for Restitution is certificate of initiated rehabilitation proceeding in which case the agency will, in accordance with the Law, stop the proceeding by claim for reinstitution of the confiscated property by legal title of confiscation of property, until valid termination of rehabilitation proceeding.
6. I would kindly ask you to answer on following question: Is rehabilitation necessary for the subject whose property was confiscated by decision of military court before 9th of March 1945 and then the same nationalised by decision of county court in 1946.
Answer: Yes, it is necessary to initiate rehabilitation proceeding in higher court and to attach the certificate of initiated proceeding with the claim.
1. When it comes to nationalisation of rental buildings (offices up to 25sm) and city building land, is it also necessary to attach copy of the plan?
Answer: It is not necessary, but if you are in the possession of the document-copy of the plan of cadastral parcel on which nationalised objects are, especially in the case when there are more than one nationalised objects, it is in your interest to attach the document with the claim or during the proceeding.
2. Is it, beside Death Certificate for my grandfather to whom the property was confiscated and beside Death Certificate for my mother who passed away in 2007, necessary to provide also her Birth Certificate?
Answer: Yes, in order to prove following facts: 1. legal relation with former owner if there is no Decision on Inheritance from your grandfather to your mother, because from Birth Certificate it is visible that she is daughter of former owner, and if there is probate solution in which she is marked as inheritor on some other property left to her by her father-your grandfather, her Birth Certificate in that case is not necessary; 2. citizenship, because by Birth Certificate it is possible to determinate existing of the fact of citizenship, if that fact is stated in the certificate.
3. Office space in the building and the city building land, the subject of restitution, today exists in the same condition like from the time when they were nationalised in 1959. Is in our case Decision on Identification of previous and current measuring of the parcel necessary?
Answer: Identification Certificate of previous and current measuring of cadastral parcel confirms that the same properly is the issue (at the moment of nationalisation and today) but also on the basis of certificate in which current measuring is entered, excerpt from the Real Estate Registry Book is to be obtained at competent service for real estate cadastre at RGZ, in order to confirm the fact-present ownership regime and the person who is to return confiscated property to (if the immovable which is in the possession of the state can be subject of natural restitution in accordance with the Law on Property Restitution and Compensation) and that service is free of charge.
4. Agricultural land was confiscated from my father in 1954 in JasaTomic, municipality Secanj. This property was returned to me in 1991. I would like to know if I have right to compensation for period 1954-1991 considering the fact that during that period this agricultural land was used by Poljoprivrednodobro in JasaTomic.
Answer: You don t have right to compensation of, so called, lost profits.
5. I collected all necessary documents but one. Grandfather Dragisav Pantic to whom agricultural land (PZF 1953) was confiscated, does not have probate resolution from his father. In all papers, decisions etc it is stated that the property is confiscated from Dragisav Pantic. Could this fact be a problem, and do I have to have certificate which would prove how he gained the property that is taken away from him?
Answer: PZF law is not in article 2 of the Law on Property Restitution and Compensation, so considering that, you don t have the right to submit the claim.
6. Is it necessary to submit list of immovable while submitting claim for property restitution if there was Land Consolidation (Land Consolidation Certificate is existing)
Answer: It is not necessary to submit list of immovable, for the land that was the subject of Land Consolidation Process.
7. Data from geodetic administration of the competent municipality are needed for confiscated agricultural and wood land. Should the administration charge for that data to former owners and their inheritors?
Answer: Cadastre issues Identification Certificate of confiscated parcels and this service is free of charge.
8. Do state and users of confiscated land should return the land with the presence of geometer and measure the land while returning land to its former owners and who pays for that? There is a dilemma in public regarding these issues, so it is necessary to make clear that to citizens as well as to geodetic administrations.
Answer: In the decision by which the land is to be returned in neutral condition to its former owner, the issue of registration of the land is regulated by order which says that the land is to be returned to its former possessor.
9. I m addressing you from Sombor. In February I collected all documentation for submitting claim for restitution except the document from cadastre. I applied there three weeks ago with demand for identification of previous and current measuring of the parcel. They told me that that should be done in two weeks. I checked if the report is processed and they told me that they are waiting for guidelines for procedure from the Agency for Restitution. Could you give me some information when they should be done considering the fact that the procedure should have been done before 1st of March 2012.
Answer: Agency for Restitution is not competent to give any kind of guidelines to services for real estate cadastre, and that includes also service in Sombor. If the certificate is not issued in legally provided deadline, you should address Republic Geodetic Institute.
10. During the process of collecting documentation for restitution of confiscated building land in accordance with the Law on Nationalization of Rental buildings and Building Land (Official Gazette FNRJ, Nr 52/58), as the only legal successor of my deceased parents I addressed Republic geodetic institute in Zrenjanin with the claim to issue me data on confiscated property before and after confiscation. Beside written claim, I also provided photocopy of original Decision on exemption from property (scanned decision attached) and Decision onCompensation (scanned decision attached) from which it is visible that the compensation was paid only for long-time plant. After insight in submitted claim and decisions, director of RGZ Zrenjanin rejected to issue me claimed documentation with the explanation that the land is expropriated and that as such is not the subject of restitution. If possible, could you provide me with your opinion on attitude of RGZ Zrenjanin?
Answer: You have right to restitution. Take Identification Certificatefor confiscated parcels from RGZ. If there was land consolidation then also take the Land Consolidation Certificate. For land that was expropriated after 15.02. 1968 former owner does not have right to restitution or compensation.
11. On the basis of the Law on Returning of the Property we sent to directorate that was competent at the time, claimed documents and they said that everything is alright! On the basis of new the Law on Property Restitution, they sent us back all documentation and now we should start all over again!
I'veseen all that I need to submit and I m just interested, considering the fact that I m from Novi Sad, and the property is in Mladenovac, are documents from BC and DC valid for deceased that I inherit without holograms/old-certificated/ and that I was sending to former directorate or should I claim again all these documents but with holograms for grandfather, grandmother, uncle, mother. That would be strange while all these people are born and died and I posses certificate for that issued by states in which they were born and died.
Answer: Documents BC can be older than 6 months and document DC for the claimants cannot be older than 6 months, BC that has hologram, has permanent validity.
12. Do I need new Citizenship Certificate and BC for myself and do Register Services charge for that?
Answer: Citizenship Certificate is not needed considering the fact that data is present in DC and BC, if the information on citizenship is stated there. If it is not the case, you need Citizenship Certificate for you and that is mandatory evidence for claimant.
13. I would kindly ask you to tell me what is the procedure for complementing documentation of already submitted claim?
The issue is the claim for compensation for nationalised building land on the basis of the Law on Nationalisation of Rental Buildings and Building Land from 1958. As evidence of the Act on Nationalisation, resolution for entire municipality of Novi Sad was submitted. Afterwards we received the list of confiscated parcels in which our parcel is also listed, and that list is a part of mentioned resolution, so we would attach it also.
Answer: Complement documentation you can submit in post office (as well as the claim you submitted), with the advice to note to the post office employees that it is complement documentation and to submit confirmation which you received while submitting the claim.
14. I would like to ask you to explain more precisely term of mandatory document Decision on Rehabilitation or evidence of submitted claim. It is not clear to me if the circumstances should be described, as the subject is the man who was shot and the property, for which we have valid papers/documents, was confiscated from him.
Answer: Evidence of terminated rehabilitation proceeding is needed for the case of PROPERTY CONFISCATION, which is legal consequence of conviction of individual who was accused to be state enemy, occupier accomplice etc. Evidence for mentioned case is legally empowered court decision on rehabilitation of the convicted subject, and if the proceeding is not legally terminated evidence is certificate that proves that the proceeding was initiated for the rehabilitation of convicted subject on the basis of the Law on Rehabilitation of Convicted Subjects at Higher court, and that is to be delivered to the Agency for Restitution, in which case the Agency will, in accordance with the Law, stop the proceeding on the basis of property restitution claim on the basis of legal basis of confiscation of the property until legal termination of rehabilitation proceeding.
15. Where could I obtain Certificate from the Real Estate Registry or Certificate from the Land Registry? In the Decision on Confiscation there is number of the parcel, as well as confiscated land and all that is confiscated. Where could I obtain RGZ Idnetification Certificate of previous and current measuring? What is that about and where and how could I obtain that, considering the fact that the property in question is in Sopot and we are from Novi Sad?
Answer: It is all in competent Service for Real Estate Cadastre RGZ, on the area of cadastre municipality where the immovable is.
16. My grandmother and her brother and sister should claim from their deceased aunt a house that has been nationalised.
a) She submits the claim by herself and I m interested should she in the claim attach certificates from register of born and similar documents for her brothers and sister?
b) The house that she claims was in the street whose name has been changed, so I would like to know how we can prove that the house was there. She took the document from archive but how it can be identified and where?
c) Which documents should be attached with the claim and where they can be issued?
a) For former owner (subject to whom the property was confiscated), and who is no longer alive, it is necessary to submit Death Certificate, and for claimantBirth Certificate. If your grandmother submits the claim herself she does not need certificates for her brothers and sisters.
b) Regarding Property Identification, competent service for Real Estate cadastre can issue you, and you should demand that, Identification Certificatefor the parcels ( from which it would be visible to which present parcel suits the parcel on which the property was at the time of confiscation)
c) Regarding mandatory documentation, beside upper listed certificates and Identification Certificate of the parcel, you need certificate from land book or from Real Estate Register (if the Real Estate Cadastre is entacted) for parcels identified by upper mentioned Cadastre Certificate. You also need evidence of legal relation between former owner and claimant (Inheritance Certificate, certificates from register books which prove legal relation etc)
1. Other inheritors and legal successors of deceased owner do not want to exercise the right on restitution of nationalised property, but they want and agree that I exercise that right. They want to give a statement on that whichshall be certified at competent court and given to me so I could attach it to my claim.
Would that certified statement, by which they decline their right to restitution of confiscated property, be accepted by the Agency?
Answer: Formal/legally subjects that wish to decline their right on your behalf, should submit claims for restitution (individually), and then in the proceeding in front of the Agency you can make agreement on the manner of division of property, if the legal conditions for restitution in neutral condition are present.
2. I m addressing you with the question regarding documentation that shall be attached with the claim for property restitution and compensation (the restitution claim), as I m preparing documentation that is to be attached with restitution claim, and which I submit as ainheritor of my great-grandfather.
Could you please inform me if it is necessary to attach probate solution of former owner- great-grandfather in my case?I m asking you this considering the fact that in the claim form that is on you site, Decision onInheritance is stated as mandatory. On the other side, article 42 of the Law of Property Restitution and Compensation prescribed that the legal relation with former owner is proved by providing “Birth Certificate, Decision on Inheritance, certificate from legal subjects register, and other evidences on which basis it is possible to prove doubtless legal relation between the claimant and the former owner”. From previously mentioned follows that Decision onInheritance is not necessary evidence to be attached with the claim for restitution, because legal relation can be proved by other evidences. Also, pursuit article 47 of the same Law it is prescribed that inheritors of former owner are determinate as users on the basis of Decision on Inheritance, if it is existing. If it is not existing, by Decision it is possible to determinate users only in the case when from submitted documentation is possible to determinate all legal inheritors doubtless. By the same article it is prescribed that the inheritors will be referred to court if it is not possible to determinate their role or share. From previously mentioned follows that theDecision on Inheritance is not necessary evidence that should be attached with the restitution claim.
Answer: If a party possess Certificate of probate solution, it is necessary to submit it. If it does not possess the solution, it is necessary to submit Birth Certificate, Death Certificate and other evidences which confirm and prove the fact that the claimant is legal inheritor of the former owner, and if that fact cannot be proved, claimant should refer to proving that fact in court procedure.
3. How many restitution claims are to be submitted if former owner has more than one inheritor?
Answer: Claim should be submitted by each inheritor, they can do it together on one form or individually. If it is submitted on one form page for claimant should be copied in the number of copies equal to the number of inheritors, and filled in form page should be attached with the claim.
4. Confiscated property was covered by testament. It was confiscated later on and for that reason that property could not have been part of probate discussion during probate proceeding. Does right to restitution belong only to inheritor from testament and its legal inheritors, or that right belongs also to other legal inheritors who were not covered by the testament?
Answer: Right to restitution and compensation belongs to all legal heirs, regardless the testament