inheritance Disputes, according to lawyers, some of the most complex, long, and something to hide – honey in the truest sense of the word. From year to year the number of civil cases about inheritance in our courts is growing steadily. Therefore, explanations that gave the Judicial Board on civil cases of the Supreme court of the Russian Federation, can be useful to many citizens who are faced with the problem of the division of the inheritance.
the explanation of the Supreme court none of the heirs in the dispute are the decisive advantages has
Our story is a dispute about the division of the Moscow apartment, which left the adult sisters, their brother. Only here the wills of the deceased brother did not leave. One sister lived in her brother’s apartment after his death were left to live in it. Legally speaking sister, who lived with his brother, inherited from his – apartment – in fact, adopted. This term – “actual adoption” – understand the situation when a person has left to live in the home of the testator and to pay all related real estate costs.
According to some citizens, such living together with the deceased heirs have the advantage over those heirs that at the time the inheritance was far. These “distant” relatives, and just knowing that opened up heritage, go for its adoption to the notary.
explanation of the Supreme court and its Judicial Board on civil cases is not one of the heirs to such a dispute decisive advantages has.
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the Situation which was the subject of consideration, was absolutely vital. A lawsuit in the district court addressed a citizen. The defendant in her lawsuit, she called a sister. This sister, while staying with Nestorish brother, nursed the sick person, according to the attorney disposed of his money, and housing brother repaired at his own expense. Well, after his death continued to live in the apartment and to the notary for registration of rights to housing did not.
But to the notary went to her sister as soon as I heard about the death of his brother and he left the apartment in the capital. But when the citizen came to the notary to accept the inheritance, he refused. The notary explained to the visitor that six months was given to the acceptance of the inheritance, has expired, and the right of ownership to the whole apartment, including share of the other sister, by then already issued on her sister.
Offended, the citizen appealed to the court, because of his share in the apartment she didn’t mind. And her sister, it turns out, actually accepted the inheritance, although not addressed to the notary. To negotiate peacefully the relatives failed.
District court where he entered a claim to one of the sisters that lived together with his brother, he satisfied its requirements.
the District court in its decision explained that the younger sister many years lived with his brother and after his death continued to use the property and maintain it, and from the inheritance did not refuse, in fact, accepted it. The losing party that the verdict challenged in city court. They decided that living in a flat that belonged to the testator, is not evidence of acceptance of the inheritance.
eventually, the case reached the Supreme court, the matter there claimed, studied and explained this.
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According to Judicial Board on civil cases of the aircraft, the dispute properly decided by the district court. The high court recalled that the property is inherited by will or by law, and for the acquisition of the inheritance the heir must accept it within six months from the date of opening. This can be done in two ways: apply for acceptance of inheritance notary or “to carry out the actions that will be talking about his actual acceptance”. A list of these actions is in the article 1153 of the Civil code of the Russian Federation. There, in particular written accession the management of the property, measures for its preservation and protection, spending on maintenance of assets, payment of debts of testator, etc.
We are talking about those actions in which “manifests the attitude of the heir to an inheritance as his own property,” as clarified the Plenum of the Supreme court of the Russian Federation (N 9 “About court practice on Affairs about inheritance”). It may be the indwelling of the heir to the apartment of the deceased or reside in it on the day of opening the inheritance, said the Supreme court.
– Our heroine enjoyed the brother’s apartment, and the court found that the actions she expressed the will to accept the inheritance, taking him in fact, – said the Judicial Board on civil cases of the armed forces. Choosing a place of residence in the disputed apartment, carrying the burden of the disputed property, she did not refused from acceptance of inheritance, is deemed to have accepted the inheritance, said the panel.
And that’s the main idea of the high courts – a certificate of inheritance when actual acceptance is a right not an obligation of the heir.
In the end, the Supreme court upheld the decision of the court of first instance.