Sample statement of claim for non-acceptance of inheritance

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The official inheritance procedure occurs by filing an application with a notary. Subject to timely application and the availability of the necessary documents, the notary representative opens a probate case. After the established deadlines, the notary issues a certificate of inheritance to the legal successors. However, this is not always the case. From time to time, citizens actually accept property, but cannot subsequently provide indisputable evidence of this fact. As a result, the notary refuses to issue them a certificate. Such heirs have to go to court.

Grounds for filing a claim

The main reasons for refusal to issue an inheritance certificate:

1. Missing deadlines for submitting documents.
2. Lack of evidence of relationship with the deceased citizen.
3. Lack of evidence of actual acceptance of property.
4. The documents provided indicate the completion of legal actions after six months.
5. Lack of documents confirming the testator’s rights to property discovered after his death. Similar situations are quite common among village residents. Property passes from generation to generation. While the documents remain unformed. Sometimes it happens that a person started building a house, but did not have time to finish it or draw up the relevant documents. A similar rule applies to non-privatized housing. Provided that the tenant has begun the privatization procedure.
6. Presence of controversial situations. For example, there are other claimants to the property or a court hearing has begun to challenge the will.
7. Other reasons.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Each of the presented grounds excludes the possibility of obtaining a certificate and subsequent registration of property rights. In some cases there is no point in going to court. For example, if there is a hearing to challenge the order. If we are talking about a lack of individual documents or evidence, then the heir should file a claim for recognition of ownership.

Grounds for accepting inheritance through court

Turning to the court during the process of accepting an inheritance is not always caused by disagreements in the division of property. The grounds for registering an inheritance in court may be a lack of documents, missing the deadline for accepting the inheritance, or many other situations. There may be attempts to invalidate the will.

The most common reasons for litigation are:

• Actual acceptance that needs to be legitimized;
• Controversial situations between applicants;
• Attempts to recognize one of the applicants as an unworthy heir;
• Doubts regarding the authenticity of the will, the mental state of the testator;
• Lack of documents;
• The need to prove relationship through an examination;
• The property was not included in the list of the hereditary estate;
• Controversial issues regarding the division of property;
• Missing the deadline for entry into rights.

Judicial practice encounters many situations that require individual consideration.

Conflict and disputable situations between heirs can be of a very diverse nature. Inheritance is determined by the rules of the law, the wishes of the testator, set out in writing and certified by a notary.

If controversial situations arise, the judicial authority will pay attention not only to the order of blood ties, but also to the relationship between the deceased and the applicant. The will drawn up should not contradict legislative acts providing for the allocation of a mandatory part for the socially vulnerable.

The successor may actually enter into inheritance rights. Even such a circumstance will require legalization of rights through the courts. The fact is recognized as accomplished if there is documentary evidence of acceptance of property, maintenance of accounts, payment of utilities, no later than six months after the death of the testator.

We recommend reading: Heirs of the second stage by law

Interested parties have the right to appeal to the court with a demand to recognize one of the receivers as unworthy if there are documented facts of these circumstances. The applicant may commit unlawful acts in relation to the deceased, fail to fulfill obligations to the testator, hide facts, or interfere with the legal division of property. Any appeal to the court must be supported by documents.

The applicant may untimely express a desire to enter into inheritance rights. If there are good reasons, a documentary base, and witnesses, the deadline for entering into inheritance rights can be restored through the court.

The division of property can be done peacefully through a voluntary agreement with other claimants.

If the judicial authority considers the arguments and evidence weighty, it may grant the request. Previously issued certificates are invalidated and property is redistributed.

A will can be challenged under certain circumstances. The owner’s signature may raise doubts, mental deviations are possible, or there may have been irregularities in the drafting process. Facts require evidence; an examination is possible. It is possible to challenge a will and acts of document adjustments.

Often certain objects are not included in the list of the estate. The property may be under construction, the purchase price has been paid, and the documents are being reissued. The applicant will have to provide documentary evidence that the object belongs to the deceased.

How to correctly write an application to the court to receive an inheritance

The form and content of the claim are determined by the norms of the Code of Civil Procedure of the Russian Federation. The law does not provide for a unified application form. However, the document must contain several required sections.

Claim requirements:

1. Brevity.
2. Consistent presentation of the essence of the matter.
3. There is no need to make a 10-page statement of claim. 2-3 pages are enough.
4. It is advisable to write the text in small paragraphs.

Components of the claim:

1. The introductory part of the claim contains information about the court and the parties to the lawsuit.
2. The descriptive/motivational part reflects the circumstances of the case, evidence of the applicant’s correctness and the provisions of the law to which the plaintiff refers.
3. The final part contains the final requirement of the applicant.

In some cases, it is better to contact a specialized lawyer. A specialist will study the documents, clarify the circumstances of the case and help you correctly draw up an application.

In this matter, it is also necessary to take into account existing judicial practice. You may need to look at several solutions for a similar situation.

Form

When drawing up a procedural document, you must be guided by Article 131 of the Code of Civil Procedure of the Russian Federation.

Mandatory details of the claim

Content

The content of the claim depends on the factual circumstances of the case. Initially, you need to briefly describe the fact of the death of the testator . At the same time, one should refer to the presence of a family connection with the deceased subject .

If there are other applicants, then it is necessary to indicate this fact and list all known successors (full name, residential address).

Below you need to describe the list of inherited property . It is necessary to indicate the type of ownership and location of assets. At the same time, you need to refer to papers that allow you to conclude that the deceased citizen has rights.

The next paragraph should indicate the reason for going to court .

Example. I submitted an application to accept the inheritance. However, the notary refused to issue a certificate due to the lack of documents confirming the ownership of the testator. The owner did not have time to register ownership of the apartment. However, the existence of the right is confirmed by the privatization act.

The last section of the claim usually contains a reference to legal provisions and the plaintiff's request . Then a list of attached documents . At the very bottom of the document is the date and signature of the applicant .

Attached documents

In order for the court to make a positive decision, the heir must take care to provide indisputable evidence. Otherwise, the stated requirements will be rejected. The list of papers depends on the actual circumstances of the case.

At a minimum you should prepare:

1. Applicant's identity card.
2. Death certificate of the property owner.
3. Evidence of relationship with the copyright holder.
4. Confirmation of the registration address of the deceased citizen.
5. Documents of title to the property of the testator.
6. A written refusal of a notary to perform a notarial act.
7. Original will (if available).
8. Report on the value of identified property.
9. Confirmation of payment of state duty.
10. Power of attorney addressed to the representative (if any).

Also, the claim must be accompanied by copies of it according to the number of participants in the process (Article 132 of the Code of Civil Procedure of the Russian Federation).

If the successor actually accepted the property, then he will have to prepare documents confirming the completion of legal actions within six months after the death of the testator:

1. Contract agreement for construction and repair work.
2. Receipt for repayment of debt to third parties.
3. Bank loan repayment receipt.
4. Agreement on installing an alarm system in an apartment, renting out property.
5. A court decision on a claim for debt collection in the interests of the testator.
6. Evidence of contacting a notary for the purpose of protecting property.
7. Certificate from the dacha cooperative about the use of the land.
8. Evidence of payment of land or transport tax.
9. Excerpt from the house book.

The list of documents is far from complete. It may be expanded or modified depending on the prevailing circumstances and the actions taken by the applicant.

If the successor was dependent on the deceased subject, then he will have to prepare:

• document confirming loss of ability to work;
• prove the fact of receipt of money;
• prove cohabitation with a deceased citizen for 1 year (for strangers).

Expenses of heirs

When filing a claim to establish a legal fact or recognize ownership rights, you will have to pay a state fee. Its size is determined by law.

When filing an application within the framework of special proceedings, the fee is 300 rubles . These also include cases of restoring the deadline for entering into inheritance. When submitting an application for recognition of ownership rights, the amount of the fee will not increase.

Full/partial tax exemption is granted to disabled people of groups 1–2. To take advantage of the tax benefit, the plaintiff must attach the appropriate document.

Sample statement of claim to the court for recognition of the right to inheritance

Sample statement of claim to the court for recognition of the right to inheritance

A claim for recognition of ownership of an inheritance, sample and example of drafting

In ________________________________________ (name of the court) Plaintiff: ___________________________________ (full name, address): _________________________________________, Defendant: ________________________________ (full name, address): __________________________________________

STATEMENT OF CLAIM for recognition of ownership of an apartment by the person who actually accepted the inheritance

Citizen of the Russian Federation _____________________________________ died (died) “___” _________ _____. (a copy of the death certificate is attached). The will _________________________ has not been drawn up.

According to the law, I am the heir of the first priority (a copy of the birth certificate is attached). There are no other first-degree heirs.

Within the 6-month period established by law, I did not apply for acceptance of the inheritance. However, during this period, I, as an heir, committed actions that constituted acceptance of the inheritance in accordance with paragraph 2 of Art. 1153 of the Civil Code of the Russian Federation.

In particular, since ____ I have owned the following inherited property: _______________________________________________________________________________________________; ______________________________________________________________________________________________.

I have taken appropriate measures to preserve the property and protect it from claims of third parties: _______________________________________________________________________________________________.

I have paid taxes on inherited property, utility and insurance payments, as well as: ________________________________________________________________________________________________.

I paid the testator’s debts at my own expense and received funds due to the testator from third parties.

The inheritance includes an apartment located at the address: _______________________________________________________________________________________________.

In accordance with paragraph 2 of Art. 1152 of the Civil Code of the Russian Federation, ownership by an heir of a part of the inheritance means ownership of all inherited property, wherever it is located and whatever it consists of.

The defendant is the heir of the ___ order and in accordance with Art. 1141 of the Civil Code of the Russian Federation does not have the right to inheritance accepted by the heir of the previous stage.

At the same time, the defendant can claim the following inherited property: _______________________________________________________________________________________________.

These circumstances can be confirmed by witnesses: ________________________________________________________________________________________________; residing at: __________________________________________________________________________; residing at: __________________________________________________________________________.

Based on the above and on the basis of Art. 12, 1141, 1153 Civil Code of the Russian Federation, Art. 131, 132 Code of Civil Procedure of the Russian Federation

Ask:

1. establish the fact of my acceptance of the inheritance that opened after the death of _______________________________________________________________________________________________, including: _____________________________________________________________________________________; ______________________________________________________________________________________________; 2. recognize my ownership of the apartment located at the address: _______________________________________________________________________________________________; cadastral number ______________________________________________________________________________.

Applications:

1. copy of the statement of claim; 2. a copy of the apartment plan at the address: ___________________________________________ as of “___” ________; 3. copy of the testator’s title document No.____ dated “___” _____; 4. a copy of the explication of the apartment located at the address: _________________________________________ as of “___” ________; 5. a copy of an extract from the house register for the apartment located at the address: ____________________________________ as of “___” _________; 6. copy of personal financial account; 7. copy of the death certificate; 8. a copy of the plaintiff’s birth certificate; 9. receipt for payment of state duty; 10. list of inherited property; 11. certificates from local government bodies, housing authorities, garage cooperatives about the heir’s use of property included in the inheritance (for example, about the cultivation of a plot of land, the use of a garage, the repair of a summer house, etc.); 12. certificates from local government and internal affairs bodies, housing maintenance organizations regarding the fact that the heir lives together with the testator or the heir lives in the inherited residential premises; 13. agreements on leasing property, repairing inherited property, installing a security alarm, etc.; 14. receipts for payment of taxes and payments, certificates from government agencies confirming receipt of funds from the heir; 15. a copy of the heir’s statement of claim against the persons who unlawfully took possession of the property; 16. other documents on the heir’s performance of actions indicating acceptance of the inheritance.

Date __________________

Signature _______________

Rules for filing a claim

The case is being heard in the district court.

Here we need to proceed from the essence of the claims:

1. Usually the claim is filed at the place of registration of the defendant.
2. If the dispute concerns a real estate property, then the application is submitted at the location of the specific property (house, apartment).
3. The counterclaim is filed at the place of consideration of the primary claim.

You can file a claim at any time. In this case, you need to take into account the statute of limitations - 3 years . The countdown begins from the moment when the heir became aware of the violation of his civil rights and the identity of the defendant. The designated period may be reduced depending on the category of the case.

Example. The applicant missed the deadline for submitting documents. In such a situation, an application to the court can be filed within 6 months after the reason for the absence ceases. The hearing of the case takes place at the place of registration of the heir.

Sample statement of claim for non-acceptance of inheritance

Statements of claim to court samples inheritance

Statement of claim for the right to inheritance (sample)

Therefore, going to court with inheritance cases is far from uncommon. Grounds for applying to the inheritance court So, if inheritance through a notary office is impossible, inheritance through the court is allowed. To do this, the heir needs to apply to the court with a statement of claim. Most of the possible grounds for going to court were described in detail in the article “Entering an inheritance through the court.”

Inheritance law

According to the provisions of Articles 23 and 24 of the Civil Procedure Code of the Russian Federation, all cases of inheritance of property are within the jurisdiction of the district court. It is necessary to note that many district courts in their names contain the word “city” instead of the word “district”, for example, the Vsevolozhsk City Court of the Leningrad Region. The declared claim for inheritance is subject to preliminary payment of state duty in accordance with Article 333.19 of the Tax Code of the Russian Federation.

Sample statement of claim for inheritance

To avoid waste. All news Resettlement in dilapidated housing I am a pensioner and my housing is dilapidated from 1867, the walls are collapsing, it’s cold. All news Almost everyone had to operate with such a document as a characteristic.

Application for inheritance: examples and samples

It is considered the beginning of the registration of property transferred by inheritance. It is important to write a statement expressing a desire to enter into an inheritance strictly within a period of 6 months, which begin to count from the moment, or more precisely, the day of death of the testator. The application expresses the heir’s desire to enter into inheritance rights. You can write it personally or by granting such right to a trusted person.

Acceptance of inheritance through court

Although it is theoretically possible to update deadlines, it is very difficult to implement in practice. This is due to the fact that it is very difficult to prepare all the necessary documentation that could indicate the objective reasons for not making a final decision on the issue of inheritance. Without their provision, the court has no right to satisfy the heir's claims.

Inheritance disputes

Registration of inheritance rights is carried out by a notary, who notifies the heirs about the opening of the inheritance, accepts applications from the heirs, takes measures to protect the inherited property, and issues certificates of the right to inheritance. The notary draws up the necessary documents only if there is no dispute between the heirs. All inheritance disputes are considered in courts of general jurisdiction.

Statements of claim in inheritance disputes

If the inheritance is taken by a person who is not an heir, then another claim will take place. The most common category of inheritance disputes are cases of restoration of the period for accepting an inheritance and cases of establishing the fact of acceptance of an inheritance. Very often, citizens do not think about the need for a timely procedure for entering into an inheritance and turn to a notary for registration of an inheritance several years after the death of the testator, only when they are going to sell the property received by inheritance.

And in this case, it becomes necessary to restore the deadline for accepting the inheritance in court. The following facts that are important for entering into an inheritance are also established in court: the fact of confirmation of kinship, the fact of ownership of property acquired during the marriage, the fact of the death of a citizen, the fact of being a dependent of the testator and other facts. Four groups of inheritance claims can be distinguished. disputes between legal heirs.

These include disputes about the division of property, disputes about recognition as heirs and about recognition as called to inherit, about the allocation of a share, disputes about deprivation of inheritance rights, about extending the period for accepting an inheritance, and others. disputes between heirs by law and by will, arising when considering the issue of the invalidity of the will in full (then the question of inheritance by law arises) or in part - for example, on the allocation of a mandatory share to the required heir. disputes between heirs under a will or under different wills. In the first case, the dispute may be about the actual division of property or about the fact that the testator indicated a share to the required heir that is less than two-thirds of his legal share.

Conducting an inheritance case and samples of statements of claim to court

On establishing the fact of non-acceptance of inheritance. Decision of March 16, 2011 No. 2-450/11. Chelyabinsk region.

Pravoberezhny District Court of Magnitogorsk, Chelyabinsk Region, consisting of:

Chairman: Nikitina O.V.

Under secretary Mikhailova O.I.,

examined in open court the materials of the civil case on the application of Rogozhkin Aleksand to establish the fact of non-acceptance of the inheritance.

Rogozhkin A.V. applied to the court to establish the fact of non-acceptance of the inheritance. In substantiation of the requirements, he indicated that Date 3 died of his mother R.Z.V. After her death, hereditary property was opened in the form of a one-room apartment at the address Magnitogorsk. Address. During the mother's lifetime, no will was drawn up. In 2001, the applicant applied to the notary's office with an application to accept the inheritance of R.Z.V. but did not receive a certificate of right to inheritance, due to the fact that his brother R.V.M. was also the heir. and his father R.W.M. Brother R.V.M. in accordance with the established procedure, he renounced his share of the inheritance by law, and father R.V.M. did not want to inherit the share of the inheritance due to him, but missed the established part 2 of Art. 1157 of the Civil Code of the Russian Federation, deadlines for refusal of inheritance. Date 1 R.V.M. died. The applicant has lived in the said apartment from 1978 to the present. After the death of R.Z.V. did not leave the apartment, regularly pays utilities, makes repairs, the apartment became his actual possession. The decision of the Pravoberezhny District Court of Magnitogorsk dated Date 5 established the fact of acceptance of the discovery opened after the death of R.Z.V. inheritance by Rogozhkin A.V. After the death of R.Z.V. R.V.M. I didn’t take any of her things, I never lived or moved into the apartment at Address. During the life of R.V.M. He had no claims to his share of the inheritance. Establishing the fact of acceptance of the inheritance by the applicant is necessary for registration of inheritance rights after the death of R.Z.V.

Applicant Rogozhkin A.V. duly notified, did not appear at the court hearing. He sent his representative to the court.

Representative of the applicant Kayryak Yu.A. acting under a power of attorney from Date 4, supported the requirements at the court hearing.

Interested person R.V.M. duly notified, did not appear at the court hearing, sent a written response in which he had no objections to the application.

The court, having heard the opinion of the applicant's representative and having examined the case materials, finds the applicant's demands to be satisfied.

By virtue of Art. 264 of the Code of Civil Procedure of the Russian Federation, the court establishes the facts on which the emergence, change, or termination of personal or non-property rights of citizens, including the fact of acceptance of an inheritance, depends. By virtue of Art. 265 of the Code of Civil Procedure of the Russian Federation, the court establishes facts of legal significance only if it is impossible for the applicant to otherwise obtain the appropriate documents certifying these facts.

The applicant asks to establish the fact of non-acceptance of the inheritance left after the death of R.Z.V. heir to R.V.M.

According to paragraph 2 of Art. 1153 of the Civil Code of the Russian Federation, it is recognized, until otherwise proven, that the heir accepted the inheritance if he actually took possession or management of the inherited property, in particular, if the heir:

took measures to preserve property, to protect it from encroachments or claims of third parties

made at his own expense expenses for maintaining the property

paid at his own expense the debts of the testator or received from third parties the amounts due to him.

By virtue of Art. 1154 of the Civil Code of the Russian Federation, an inheritance can be accepted within six months from the date of opening of the inheritance.

Notary of Magnitogorsk Z.N.S. a certificate was provided to the court about the heirs and inheritance after the death of R.Z.V. from which it is seen that the plaintiff filed an application for acceptance of the mother’s inheritance in accordance with Art. 1154 Civil Code of the Russian Federation deadline – Date 2

R.V.M. did not apply to the notary with a similar application, which is confirmed by the notary’s written response, testimony of the applicant’s representative, and written explanations of the interested person. With an independent claim to the court to restore the period for accepting the wife’s inheritance or, on the basis of Art. Art. 264 - 265 Code of Civil Procedure of the Russian Federation, with a statement establishing the fact of acceptance of the inheritance of R.V.M. I also didn’t apply during my lifetime. No evidence to the contrary has been presented.

In addition, from the testimony of the applicant’s representative and the notary’s certificate, it follows that R.V.M. deceased Date 1, was not registered in the disputed apartment. In fact, he did not live there, did not have his own property there, did not pay utility bills, and did not accept the inheritance of his deceased wife.

Thus, taking into account the above provisions of the law, having assessed the evidence provided in its entirety, the court considers it possible to recognize R.V.M. deceased Date 1, who did not accept the inheritance that opened after the death of R.Z.V. deceased Date 3, statement by A.V. Rogozhkin subject to satisfaction.

The establishment of the fact has legal significance for the applicant and cannot be established otherwise.

Based on Art. Art. 264, 265 Code of Civil Procedure of the Russian Federation, guided by Art. Art. 12, 194, 198 Code of Civil Procedure of the Russian Federation court,

Establish the fact of non-acceptance of R.V.M. inheritance opened after the death of R.Z.V. deceased Date 3.

The decision can be appealed to the Chelyabinsk Regional Court within 10 days.

Court decision to establish the fact of non-acceptance of the inheritance and recognition of property rights in the order of inheritance according to Law No. 02-3290/2015

IN THE NAME OF THE RUSSIAN FEDERATION

11/24/2015 Babushkinsky District Court of Moscow, composed of judge M.V. Nevzorova. under secretary Semenova E.E. having considered in open court civil case No. 2-3290/15 on the claim of Savchenko N.I. to Basov A.V. on establishing the fact of non-acceptance of inheritance and recognition of property rights in accordance with the procedure of inheritance by law,

Plaintiff N.I. Savchenko filed a lawsuit against Basov A.V. on the recognition of ownership rights by inheritance by law for ...... shares of the apartment located at the address: ………………………. In support of the claim, the plaintiff indicated that after the death of her brother B.V.I. (……………… year) contacted the notary of the city of Moscow S.F.F. with an application for acceptance of the inheritance, in which she also indicated the presence of a first-order heir, the son of the deceased - Basov A.V. registered in the apartment. Being the heir of the first stage, the son of the deceased did not accept the inheritance and did not dispose of the testator’s property. The plaintiff took possession and management of the testator's property, took measures to preserve the inherited property, protect it from encroachments and claims of third parties, and incurred expenses for the maintenance of the inherited property at her own expense.

Taking into account the clarification, the plaintiff asks to establish the fact that the defendant did not accept the inheritance after the death of B.V.I. and recognize her right of ownership by inheritance by law for ……… shares of the apartment at the address: ……………………………………. (ld. 81-83).

Representatives of the plaintiff appeared at the court hearing and supported the claims, taking into account the clarification.

Defendant Basov A.V. appeared at the court hearing, acknowledged the claims in full, and agreed with the plaintiff’s arguments. He explained to the court that indeed in……. year was registered for living space with his father. However, he did not live in the apartment and has no personal belongings in the apartment. He lives at another place of residence; he has not paid utility bills and still does not pay them. Within the prescribed period for accepting the inheritance, he did not apply to the notary for acceptance of the inheritance, and did not take any actions indicating the actual acceptance of the inheritance.

Third parties did not appear at the court hearing and were notified.

The court, having heard the explanations of the parties, examined the written materials of the case, and assessed the evidence in its entirety, finds the claims subject to satisfaction on the following grounds.

At the court hearing it was established that the plaintiff is the testator B.V.I. sister. WITH ……. years, she provided full care for her paralyzed brother, by order of the municipality “Northern Medvedkovo” dated ………. year was appointed his guardian. …………… the year the plaintiff turned to the notary of the city of Moscow S.F.F. with an application for acceptance of the inheritance, which is confirmed by the materials of the inheritance case No. …………. from ……………. of the year. Receipts for payment of utilities and expenses for maintaining the inherited property were presented to the court.

In accordance with Art. 8 of the Civil Code of the Russian Federation, civil rights and obligations arise from the grounds provided for by law and other legal acts, as well as from the actions of citizens and legal entities, which, although not provided for by law or such acts, but due to the general principles and meaning of civil legislation give rise to civil rights and responsibilities.

According to Art. 218 of the Civil Code of the Russian Federation, in the event of the death of a citizen, the right of ownership of the property belonging to him passes by inheritance to other persons in accordance with a will or law.

By virtue of Art. 12 of the Civil Code of the Russian Federation, the protection of civil rights is carried out through the recognition of rights.

And according to clause 4 of Art. 1152 of the Civil Code of the Russian Federation. An accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance.

Clause 1 of Art. 131 of the Civil Code of the Russian Federation provides that the right of ownership and other real rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the unified state register by the bodies carrying out state registration of rights to real estate and transactions with it. The following are subject to registration: the right of ownership, the right of economic management, the right of operational management, the right of lifelong inheritable possession, the right of permanent use, mortgage, easements, as well as other rights in cases provided for by this Code and other laws.

At the court hearing, defendant Basov A.V. claim of Savchenko N.I. on establishing the fact of non-acceptance of the inheritance and recognition of the right of ownership by inheritance according to the law for ....... shares of the apartment located at: …………………. admitted in full.

In clause 2, part 4, art. 198 of the Code of Civil Procedure of the Russian Federation provides that if the claim is recognized by the defendant, the reasoning part of the court decision can only indicate the recognition of the claim and its acceptance by the court.

In accordance with Art. 173 of the Code of Civil Procedure of the Russian Federation, when the defendant recognizes the claim and the court accepts it, a decision is made to satisfy the claims made by the plaintiff.

The court accepts the recognition of the claim by the defendant, since this does not contradict the law and does not violate the rights and legitimate interests of other persons; in addition, the claims have been fully confirmed.

Based on the above, the court comes to the conclusion that the claim of Savchenko N.I. on establishing the fact of non-acceptance of the inheritance and recognition of the right of ownership by inheritance according to the law for ....... share of the apartment located at the address: ……………… is justified and subject to satisfaction.

Based on the above and guided by Art. 194 -198 Code of Civil Procedure of the Russian Federation. court

To establish the fact of non-acceptance by Basov A.V. ………… year of birth, inheritance opened after the death of B.V.I. as ………. shares in the right of common shared ownership of an apartment located at: ……………………………….

Recognize N.I. Savchenko …………. year of birth, property rights by inheritance by law on ....... shares in the right of common shared ownership of an apartment located at: …………………………………….

This court decision is the basis for state registration in the bodies that carry out state registration of rights to real estate and transactions with it, the ownership rights of Savchenko N.I. on the ……. shares in the right of common shared ownership in the apartment.

The court decision can be appealed to the Moscow City Court within a month from the date the decision was made in final form.

Judge M.V. Nevzorova

COURT DECISIONS ON PROPERTY INHERITANCE:

The plaintiff ova filed a lawsuit against the defendants ov Alexander Nikolaevich and the Department of City Property of the City of Moscow to establish the fact of acceptance of the inheritance that opened after the death of ova. on establishing the fact of acceptance of the ov and ovo.

Plaintiff Leneva E.I. filed a present claim against A.P. Kurach. motivating their demands by the fact that by the decision of the Babushkinsky District Court of Moscow for Leneva E.I. the right of ownership is recognized by inheritance by law for a ¼ share of cash.

establishing the fact of non-acceptance of inheritance

IN THE NAME OF THE RUSSIAN FEDERATION

Judge of the Yarkovsky District Court <address> Ermakova E.A.

under secretary Z.A. Khalitulina,

with the participation of: applicant Yarmukhametova N.T.,

having examined in open court civil case No. on the application of Yarmukhametova Nurikamal Tairovna to establish the fact of non-acceptance of the inheritance that opened after the death FULL NAME2, deceased DD.MM.YYYY,

U S T A N O V I L :

Applicant Yarmukhametova N.T. applied to the court with a statement in which she asks to establish the fact that she did not accept the inheritance after the death of her father - FULL NAME2, deceased DD.MM.YYYY. He motivates his demands by the fact that after death, property remained - a plot of land and a residential building, located at the address: <address>. After her father’s death, she did not take any things, has no claims to a part of the inheritance, refuses her due share in the inheritance for any reason (by law and by will), wants her brother to register ownership of the house and land plot - FULL NAME1. Establishing this fact is necessary for refusal of inheritance; it is not possible to establish this fact in any other way.

At the court hearing, applicant Yarmukhametova N.T. She supported the stated demands, explained that she did not enter into the inheritance that opened after the death of her father, FULL NAME2, and does not intend to do so. I did not apply to the notary with an application to renounce the inheritance after my deceased father within the period established by law - 6 months due to legal illiteracy.

Notary of the notarial district: <address> FULL NAME10 did not appear at the court hearing, was properly notified of the time and place of the court hearing, and asked to consider the case in her absence. In accordance with Part 5 of Art. 167 of the Code of Civil Procedure of the Russian Federation, the court considers it possible to consider the case in her absence.

Having heard the applicant and examined the case materials, the court finds the statement of N.T. Yarmukhametova. subject to satisfaction on the following grounds:

According to the certificate of ownership of land for perpetual (permanent) land use No. dated DD.MM.YYYY, letter No. dated DD.MM.YYYY, based on the decision of the head of the administration of Staroaleksandrovsky s/ <address> No. dated DD.MM.YYYY for reference personal subsidiary plot FULL NAME2 granted ownership of a land plot of 5.83 hectares /l.d. 7, 8/.

According to the certificate of the administration of the Staroaleksandrovskoye rural settlement No. dated DD.MM.YYYY, FULL NAME2 owns a residential building located at the address: <address> as private property. Reason: entries in the household book No. DD.MM.YYYY-1973. l/account No., page 58 /l.d.9/.

From the cadastral passport of the land plot it follows that Full Name 2 owns a land plot with an area of ​​4300 sq.m. located at: <address>, cadastral number 72:22:11 06 001:219 /l.d. 10/.

According to the death certificate 1-FR No., issued again DD.MM.YYYY by the Yarkovsky Civil Registry Office department of the Civil Registry Office <address>, Full Name2, DD.MM.YYYY year of birth, native <address>, died DD.MM.YYYY at <address> in /l.d. eleven/.

From the certificate of the administration of Staroaleksandrovskoe rural settlement No. dated DD.MM.YYYY it follows that FULL NAME2, deceased DD.MM.YYYY, permanently resided and was registered at the address: <address>. At the time of his death, the following were living with him and were registered: wife FULL NAME3, DD.MM.YYYY DOB. daughter Yarmukhametova Nurikamal Tairovna, DD.MM.YYYY b. /l.d. 13/.

According to the birth certificate II-FR No., issued by DD.MM.YYYY Staroaleksandrovsky s/s <address>, FULL NAME5 was born DD.MM.YYYY in <address>, parents recorded FULL NAME2 and FULL NAME6 /l.d.14/.

According to the marriage certificate issued by DD.MM.YYYY S-Aleksandrovsky s/s <address>, a marriage was concluded between FULL NAME7 and FULL NAME5 DD.MM.YYYY, the applicant was given the surname Yarmukhametov.

From the message of the notary <address>: <address> No. from DD.MM.YYYY it follows that after the deceased DD.MM.YYYY FULL NAME2, an inheritance case No. (previous No.) was opened on the basis of an application for refusal of the inheritance of the wife of the deceased FULL NAME3 from DD.MM .YYYY and applications for refusal of the inheritance of the daughter of the deceased - FULL NAME8 from DD.MM.YYYY There are no applications from other heirs in the case. Certificates of the right to inheritance were not issued /ld. 17/.

According to paragraph 1 of Art. 1154 of the Civil Code of the Russian Federation, an inheritance can be accepted within six months from the date of opening of the inheritance.

In accordance with paragraph 2 of Art. 1157 of the Civil Code of the Russian Federation, the heir has the right to refuse the inheritance within the period established for accepting the inheritance (Article 1154), including in the case when he has already accepted the inheritance. If the heir has performed actions indicating the actual acceptance of the inheritance (clause 2 of Article 1153), the court may, at the request of this heir, recognize him as having renounced the inheritance even after the established period, if it finds the reasons for missing the deadline valid.

In accordance with Article 264 of the Code of Civil Procedure of the Russian Federation, the court establishes the facts on which the emergence, change, or termination of personal or property rights of citizens and organizations depends.

The court finds the reasons for missing the deadline for contacting a notary with a statement of refusal to accept the inheritance after the deceased DD.MM.YYYY FULL NAME2 Yarmukhametova Nurikamal Tairovna respectful.

Based on the aforesaid and guided by Article. Art. 194-198, 262-268 of the Civil Procedure Code of the Russian Federation, court

The application of Yarmukhametova Nurikamal Tairovna is satisfied.

To establish the fact that Yarmukhametova Nurikamal Tairovna did not accept the inheritance that opened after the death of FULL NAME2, DD.MM.YYYY year of birth, native <address>, who died DD.MM.YYYY at <address>.

The decision can be appealed to the Tyumen Regional Court through the Yarkovsky District Court <address> within 10 days from the date of its adoption.

Buutch Jun 02, 2006

It's strange that nothing was found in the search.

The situation is as follows. The testator made a will, but his disabled mother, who has the right to an obligatory share, was registered along with it. A month later, she also died, not having time to renounce the inheritance, but at the same time not having time to submit an application for acceptance.

However, the notary believes that the fact of registration at one address on the day of death is an unconditional actual acceptance of the inheritance.

Does anyone have any experience proving the opposite?

kuropatka 02 Jun 2006

Does anyone have any experience proving the opposite?

Very doubtful. Whatever one may say, there is taking over here.

Establishing the fact of non-acceptance of inheritance

Requirements cannot be formulated this way. Try to establish the fact that your side accepted the inheritance.

Siren 02 Jun 2006

The situation is as follows. The testator made a will, but his disabled mother, who has the right to an obligatory share, was registered along with it. A month later, she also died, not having time to renounce the inheritance, but at the same time not having time to submit an application for acceptance.

The mother is the heir by law therefore:

Article 1146. Inheritance by right of representation

The share of an heir by law who died before the opening of the inheritance or at the same time as the testator passes by right of representation to his respective descendants in the cases provided for by paragraph 2 of Article 1142, paragraph 2 of Article 1143 and paragraph 2 of Article 1144 of this Code, and is divided equally between them.

I think the heirs of a disabled mother will have the right to her obligatory share, the rest is yours.

Added to

However, the notary believes that the fact of registration at one address on the day of death is an unconditional actual acceptance of the inheritance.

How else? They ran a common household, even for a month, but she actually used the inheritance and did not need to accept it.

kuropatka 02 Jun 2006

The mother is the heir by law therefore:

Article 1146. Inheritance by right of representation

The right of representation has nothing to do with it if the mother actually accepted the inheritance (and this is the case).

the heirs of the disabled mother will have the right to her obligatory share, the rest is yours.

The conclusion, however, is still correct.

Siren 02 Jun 2006

Buutch By the way, the application in the link was successfully satisfied

Pastic 05 Jun 2006

A good precedent was created by the Moscow City Court (I don’t have the document), determining that the heir living together with the deceased, who continues to bear the costs of maintaining the inherited property (apartment), had no intention of becoming the owner, because within the period established by law, he did not submit an application to the notary for entry into the inheritance and did not ask the notary to issue a certificate of the right to inheritance on the basis of paragraph two of clause 1 of article 1162 of the Civil Code of the Russian Federation.

Complete nonsense. Apparently they forgot that the actual acceptance of an inheritance is the same method of acceptance as turning to a notary. And at the same time, that obtaining a certificate of inheritance is a right, not an obligation, of the heir. Just smoked

kuropatka 05 Jun 2006

litigious June 26, 2006

the fact of registration at one address on the day of death is an unconditional actual acceptance of the inheritance

Determination of the Investigative Committee for civil cases of the Supreme Court of the Russian Federation dated October 4, 2002 N 18-B02-35

The text of the definition has not been officially published

Pastic Jun 26, 2006

Determination of the Investigative Committee for civil cases of the Supreme Court of the Russian Federation dated October 4, 2002 N 18-B02-35

on topic, but this court conclusion killed me:

Regardless of whether Andreev N.I. due to the state of his health, submit an application to the notary for acceptance of the inheritance; the fact of his acceptance of the inheritance in the form of a residential premises, which was his only permanent place of residence, should have been recognized by the court as generally known and proven by virtue of Part 1 of Art. 55 Code of Civil Procedure of the RSFSR was not subject to. The well-known nature of this fact is based on the fact that the right of Andreeva N.I. for the residential premises in which it was registered, in accordance with Art. Art. 53, 127 ZhK RSFSR remained until the moment of his death

What does this have to do with public knowledge? What, everyone in Anapa knows that Andreev lived there and there?

kuropatka Jun 26, 2006

I personally gleaned this information at one of the very cool meetings with the participation of judges of the Supreme and Moscow City Court

How long have we been inviting notaries to cool meetings of judges?

Pastic The court really screwed up with publicity.

-Ted- Jun 26, 2006

How long have we been inviting notaries to cool meetings of judges?

kuroрatka, I don’t know about YOU, but here, IN MOSCOW, notaries can invite judges to their meeting. And in general, these are notaries, not bigots from the highway

BRD 26 Jun 2006

Establishing the fact of non-acceptance of inheritance

Try to establish the fact that your side accepted the inheritance

And what will this give? The fact of acceptance by one heir does not exclude acceptance by another (remember the album with photographs).

Somehow it sounds absurd. Yes, and there really is a dispute about the law

Absolutely agree. IMHO the fact of non-acceptance cannot be established. Firstly, in special proceedings, a fact is established, not the absence of a fact. Non-acceptance is precisely the absence of the fact of acceptance. And, secondly, by demanding to establish the fact of non-acceptance of the inheritance by another heir, the heir claims the absence of a factual structure entailing the emergence of the rights of this other. Those. such a requirement in itself indicates the existence of a dispute about the law. Therefore, it is possible to refute the fact of acceptance of the inheritance by another heir only in lawsuit proceedings. A banal claim for recognition. Buutch

The testator made a will, but his disabled mother, who has the right to an obligatory share, was registered along with it. A month later, she also died, not having time to renounce the inheritance, but at the same time not having time to submit an application for acceptance

In fact, the wife lived with her husband (dozens of witnesses can confirm this, and I will also find other evidence), continuing to be registered with her mother

If I understand correctly, the heir was registered and actually lived where the testator was registered but did not live? Then the question is: was the testator a (co)owner of the residential premises in which they were both registered? The situation here is somewhat different than in the litigant’s quote.

Buutch Jun 27, 2006

The situation here is somewhat different

I have a rather difficult situation with severe opposition (three apartments in St. Petersburg and not only are at stake, you understand.), so I will answer you after the case is completed.

The application has been submitted to the court, I am waiting for the summons.

Sources: iuristi-online.ru, resheniya-sudov5.ru, www.sud-praktika.ru, rospravosudie.com, forum.yurclub.ru

Next articles

• Expenses when registering an inheritance under a will
• How does the inheritance procedure work?

• June 01, 2021

Hearing

After receiving the application, the court decides to open legal proceedings:

1. If there are comments on the package of documents, the court may leave the claim without progress. The applicant is given time to eliminate the comments.
2. If there are no claims to the documents, then the court sets a date for the hearing and sends subpoenas to the participants in the process. At the same time, the defendant is given time to submit written objections to the plaintiff's claims.

Participants in the trial must provide all the evidence they have. If necessary, they can file a petition to request any document from an individual or legal entity (Article 57 of the Code of Civil Procedure of the Russian Federation).

The period for consideration of a civil case is 2 months . Its increase is allowed in exceptional cases (Article 154 of the Code of Civil Procedure of the Russian Federation).

Adoption of a judicial decision

Following the hearing, the court retires to the deliberation room. On the same day, the court must announce its decision. If the text of the document is too long, then the court can announce only the operative part of the decision. The full document is prepared within 5 days from the announcement of the court decision.

1 month to appeal a procedural document . If no one files an appeal, the court's decision comes into force. Otherwise, it gains force based on the results of consideration of the complaint in the court of 2nd instance.