Notary's objection to a lawsuit. Objection to an inheritance claim. Application for the establishment of the fact of acceptance of the inheritance

sample objection to claim for inheritance

Civil case on the entry into the inheritance Ownership, use and disposal of hereditary property

To the Vsevolozhsk City Court of the Leningrad Region

188640, Vsevolozhsk, per. Vakhrusheva, 8

Claimant: X,

registered at: ……

Respondent: Z

registered at: …..

Phone: ….

Case No. ......

Judge Oh

Objections to the statement of claim FOR ENTRY INTO INHERITANCE

In the proceedings of the Vsevolozhsk City Court of the Leningrad Region, there is a civil case No. ... .. on the claim of X to Z, in which he asks the court to restore the deadline for accepting the inheritance and recognize his ownership of the share of the apartment in the order of inheritance.

These claims are not subject to satisfaction for the following reasons.

V died on November 09, 2011, which is confirmed by a death certificate issued by the registry office of the administration of the Moscow Region “….” …. area sector no. ….

After his death, the inheritance was opened. Controversial apartment located at: ... region, ... district, p. ..., st. …., d. .., apt…, was acquired by …. years for citizen L by parents Z.

At the time of purchase of the above apartment, V (Z's father) was married to W (Z's mother). The disputed apartment is the jointly acquired property of the spouses, acquired during marriage (Article 256 of the Civil Code of the Russian Federation, Article 34 of the Investigative Committee of the Russian Federation). Therefore, ½ share in the ownership of the apartment, after the death of V, was the marital share owned by W. The remaining ½ share could be inherited in equal shares by the heirs of the first stage, including W.

Among the heirs of the first stage are: spouses, children, parents of the testator. In our case, this is the spouse - W and the daughter - Z.

In accordance with Article 61 of the Fundamentals of the Legislation of the Russian Federation on Notaries, a notary who has received a message about an opened inheritance is obliged to notify about this those heirs whose place of residence or work is known to him. The notary may also call the heirs by placing a public notice or reporting it in the media.

The notary ….. of the notary district …… region Y, in accordance with the requirements of the current legislation, searched for other heirs of the corresponding line, which did not give any results.

I, Z renounced my share of the inheritance in favor of my mother W.

As stated in Article 1152 of the Civil Code of the Russian Federation, in order to acquire an inheritance, the heir must accept it.

Article 1153 of the Civil Code of the Russian Federation names two ways of accepting an inheritance:

Filing at the place of opening of the inheritance to the notary the application of the heir for the acceptance of the inheritance or the application of the heir for the issuance of a certificate of the right to inheritance;

The performance by the heir of actions indicating the actual acceptance of the inheritance.

According to the above rules of law, the current legislation of the Russian Federation does not contain any exceptions to the general rules for accepting an inheritance.

Within the statutory period, the surviving spouse (W) entered into the inheritance, which is confirmed by a certificate of the right to inheritance by law ... ..

As follows from the Claimant's explanations set out in the statement of claim, "he did not apply to a notary for registration of the inheritance."

Clause 36 of the Decree of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 N 9 "On Judicial Practice in Cases of Inheritance" contains the following clarifications:

Under the commission by the heir of actions indicating the actual acceptance of the inheritance, one should understand the commission of the actions provided for in paragraph 2 of Article 1153 of the Civil Code of the Russian Federation, as well as other actions for the management, disposal and use of hereditary property, maintaining it in proper condition, in which the attitude of the heir to the inheritance is manifested as to your own property.

Such actions, in particular, may be: moving the heir into the living quarters owned by the testator or living in it on the day the inheritance was opened (including without registering the heir at the place of residence or place of stay), processing the land plot by the heir, filing a lawsuit applications for the protection of their inheritance rights, filing a request for an inventory of the testator's property, paying for utilities, insurance payments, reimbursement at the expense of the inheritance property of the expenses provided for in Article 1174 of the Civil Code of the Russian Federation, other actions related to the possession, use and disposal of hereditary property. At the same time, such actions can be committed both by the heir himself, and by other persons on his behalf. These actions must be completed within the period for accepting the inheritance established by Article 1154 of the Civil Code of the Russian Federation.

In order to confirm the actual acceptance of the inheritance (paragraph 2 of Article 1153 of the Civil Code of the Russian Federation), the heir may submit, in particular, a certificate of residence together with the testator, a receipt for payment of tax, payment for housing and utilities, a savings book in the name of the testator, passport of the vehicle owned by the testator, contract for repair work, etc. documentation.

Meanwhile, evidence testifying to the actual acceptance of the inheritance by the Claimant is not presented. Moreover, it follows from the Plaintiff's explanations that the inheritance was not actually accepted. And in the minutes of the court session dated October 18, 2017, it is indicated that the Plaintiff explained to the questions of the court: “... I found out that my father lived in ...... only after his death. Initially, I did not apply for an apartment, but Z refuses to communicate with me, does not let me into the apartment.”

In accordance with paragraph 1 of Art. 1155 of the Civil Code of the Russian Federation, At the request of the heir who missed the deadline for accepting the inheritance, the court may restore this deadline and recognize the heir as having accepted the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons and provided that the heir, who missed the deadline for accepting the inheritance, applied to the court within six months after the reasons for missing this deadline disappeared.

Plaintiff has not presented any evidence of valid missed deadline. The testator died in .... year. The plaintiff lived an hour's drive from the place of residence of the testator. WITH …. years, the testator did not communicate with the Plaintiff. In turn, the Plaintiff was not interested in the life and fate of the testator, did not fulfill his obligations to support the disabled testator, who turned ... years old in the year of death.

In addition, the general limitation period under Article 196 of the Civil Code of the Russian Federation, which is three years, expired in 2014.

In accordance with the foregoing, I consider the Claimant's claims to be unsatisfactory.

____________________/Authorized Representative S

Pay attention to other sections:

Moscow

address: 123154, Moscow, st. Marshal

Tukhachevsky, house 25

residing at:

123298, Moscow, st. Marshal

Biryuzova, 10,

civil defendant

claim case

Name about

Claimant: full name

registration address: 123098, Moscow,

restoration of the term for acceptance of the inheritance

I, full name, am the defendant in the claim of the full name for the restoration of the deadline for accepting the inheritance.

We completely disagree with the plaintiff's claims for the following reasons.

The marriage between me and the plaintiff was annulled on March 5, 2001 by the Khoroshevsky District Court of Moscow.

From marriage we have two children:

1. Full name, born on November 30, 1986;

2. Full name, 04/20/1988 year of birth.

From the moment of marriage registration, the full name did not work, did not participate in the maintenance and upbringing of children.

According to the absentee decision of the Khoroshevsky District Court of Moscow dated March 5, 2001, the plaintiff was obliged to pay alimony for the maintenance of our children in the amount of 1/3 of all types of earnings on a monthly basis, starting from January 18, 2001 until they reach adulthood. However, Sergey Alekseevich Goryachkin never paid alimony for our children.

In addition, he repeatedly used physical force against me and against his son, Alexander, in connection with which I repeatedly applied to the Department of Internal Affairs of the Khoroshevo-Mnevniki district of Moscow.

On September 11, 2010, his full name died, which is confirmed by the death certificate series V-MU No. 609460, issued by the Left Bank Department of the Registry Office of the Office of the Registry Office of Moscow, act record No. 1957.

During his lifetime, Alexander Sergeevich Goryachkin owned ½ share in the apartment located at the address: Moscow, Kronstadsky Boulevard, 39, building 1, apt. 133.

Goryachkin Alexander Sergeevich died of leukemia in the hospital, during the time he was in the hospital, his full name never visited him, did not help me financially organize the funeral of my son, although I asked for it, and attended my son's funeral in a state of intoxication.

Thus, the plaintiff knew that his son had died. This fact can be confirmed by evidence.

02/09/2011, I turned to the notary of Moscow, full name, with a statement about opening a inheritance case. I informed my ex-husband about this by phone. After that, within a month, he called me and extorted compensation for the share of the inheritance due to him, which remained after the death of his son, to which I offered him to give up the inheritance in favor of his son Alexei, but he was against it.

Thus, Goryachkin Sergey Alekseevich knew about the death of his son and about the opening of the inheritance case, but missed the deadline established by law for accepting the inheritance.

According to Article 46 of the Constitution of the Russian Federation Everyone is guaranteed judicial protection of his rights and freedoms.

In accordance with Article 1142 of the Civil Code of the Russian Federation, the heirs of the first stage according to the law are the children, spouse and parents of the testator.

In accordance with Article 1152 of the Civil Code of the Russian Federation, in order to acquire an inheritance, the heir must accept it.

The acceptance by the heir of a part of the inheritance means the acceptance of the entire inheritance due to him, no matter what it consists of and wherever it is located.

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

The plaintiff cites Art. 1155 of the Civil Code of the Russian Federation, according to which, at the request of an heir who has missed the deadline set for accepting an inheritance, the court may restore this period and recognize the heir as having accepted the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other good reasons and provided that the heir, who missed the deadline for accepting the inheritance, applied to the court within six months after the reasons for missing this deadline have disappeared.

However, the full name missed the deadline for accepting the inheritance left after the son of Alexander, although he knew about his death and about the opening of the inheritance case. These facts can be confirmed by witness testimony.

In accordance with Part 1 of Article 35 of the Civil Procedure Code of the Russian Federation of November 14, 2002 N 138-FZ, the persons participating in the case have the right to familiarize themselves with the case materials, make extracts from them, make copies, challenge, present evidence and participate in their study, ask questions to other persons participating in the case, witnesses, experts and specialists; make petitions, including the request for evidence; give explanations to the court orally and in writing; present their arguments on all issues arising during the trial, object to the petitions and arguments of other persons participating in the case; appeal court decisions and use other procedural rights provided by the legislation on civil proceedings.

Based on the above, guided by art. 1152, 1153, 1154 of the Civil Code of the Russian Federation, Art. 35 Code of Civil Procedure of the Russian Federation,

ASK:

In the claim of the full name to the full name on the restoration of the deadline for accepting the inheritance, refuse in full.

by inheritance

Claimant: R. Z. A. represented by legal representative D. A. D.,

Respondent: R.K.T., residing at:
644034, Omsk, st. 23 Severnaya, d. ...,

on the restoration of the acceptance of the inheritance

D. A. D. filed a lawsuit in the interests of minor R. Z. A., asking the court to satisfy the requirements:

1) on the restoration of the term for the adoption of a minor R.Z.A. the inheritance opened after the death of R.A.A.;

2) on the recognition of a minor R.Z.A. accepted the inheritance.

These claims are not subject to satisfaction for the following reasons.

1. As stated in Article 1152 of the Civil Code of the Russian Federation, in order to acquire an inheritance, the heir must accept it.

As follows from the explanations of the legal representative of the plaintiff D.A.D., set out in the statement of claim, “to the notary for registration of the inheritance of the minor R.Z.Ya. did not apply."

According to Art. 1154 of the Civil Code of the Russian Federation, the period for accepting an inheritance is 6 months from the date of opening the inheritance.

According to Art. 1155 of the Civil Code of the Russian Federation, at the request of the heir who missed the deadline for accepting the inheritance (Article 1154), the court may restore this deadline and recognize the heir as having accepted the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons and provided that the heir, who missed the deadline for accepting the inheritance, applied to the court within six months after the reasons for missing this deadline have disappeared.

There are no good reasons for missing the deadline for accepting the inheritance from the plaintiff.

At the time the plaintiff filed these claims, more than three years had already passed since the court decision on establishing paternity in case 2-1903 / 2011 came into force, which the plaintiff could refer to in support of the reasons for missing the deadline for accepting the inheritance after the death of R.A.A. .

Minor age also cannot serve as a basis for restoring the term for accepting an inheritance, since, by virtue of Art. 28 of the Civil Code of the Russian Federation in the interests of minors, all transactions are carried out by their legal representatives.

Legal representative R.Z.Ya. knew about the existing hereditary property, both at the time of its discovery, and at the time of applying to the court in 2011 with a claim to establish paternity.

These arguments are reflected in judicial practice. For example:

The appeal ruling of the Omsk Regional Court dated February 19, 2014 in case N 33-1065/2014:

“The arguments of the plaintiffs about ignorance of the presence of hereditary property and minor age were reasonably rejected by the court. In the presence of a sufficient degree of care and discretion, the plaintiffs, and before they reach the age of majority, their mother L.T.A. should have known about the disputed transactions..”

Appeal ruling of the Kaliningrad Regional Court dated June 25, 2014 in case N 33-2798/2014:

“...for the plaintiffs, the violation of their rights as heirs was obvious when they were issued certificates of the right to inheritance. At the same time, in the interests of S. and S.E.A., who were minors in 1996, their legal representatives acted. The improper fulfillment by the said persons of their obligations to protect the rights and legitimate interests of minors is not a basis for the restoration of the limitation period.

Determination of the Primorsky Regional Court dated May 30, 2016 in case N 33-4282/2016:

Refusing to satisfy the claims, the court of first instance proceeded from the fact that the period for restoring the violated right to accept the inheritance after death ... was missed by the plaintiff, since her legal representative, mother K.E. - it was reliably known about the death ..., therefore, about the opening of the inheritance since 2003.

Since paternity ... has been established in relation to K.A.GA. By a court decision of 07.07.2003, the right to acquire an inheritance from K.A.GA., represented by her legal representative, who knew for certain about the death of the testator, arose precisely from the indicated time. By the time of the death of the testator K.A.GA. was underage. With this claim for the restoration of the term for acceptance of the inheritance, the legal representative of K.A.GA. - mother K.E. appealed to the court only 06/29/2015.

Taking into account the above legal norms, the court came to the correct conclusion that the minor age of the plaintiff was not a valid reason for missing the six-month period for accepting the inheritance..”

The court held in this case that " together with R.A.A. D.O.D. did not live and did not conduct a joint household».

By the same court decision, it was established that “at the time of the birth of D.Z.A., R.A.A. died". Wherein, neither the child nor his legal representative D.A.D. never lived in a dwelling owned by the testator and were not registered in it at the place of residence or place of stay.

The foregoing indicates that the inheritance by the plaintiff in the person of his legal representative was not accepted by any of the methods provided for by law.

2. An heir has no inheritance property.

Thus, the court cannot determine the share in the ownership of the inherited property, since the heir who accepted the inheritance in a timely manner does not have this property by the time the present dispute is considered.

The plaintiff, represented by his legal representative, in any case, does not have the right to sue to challenge transactions with the disputed residential premises (in the material sense) on the following grounds.

Signature ______________ / Respondent's proxy

Objection to the statement of claim to establish the fact of acceptance of the inheritance (the heir did not take measures to preserve the inheritance property) - download sample

Here you can download or familiarize yourself with the sample: Objection to the statement of claim to establish the fact of acceptance of the inheritance (the heir did not take measures to preserve the inheritance property)

Download a sample statement of claim

Case N: _______________________________

Objection to a claim

on the establishment of the fact of acceptance of the inheritance

(if the claimant has not taken measures to preserve

hereditary property, protecting it from encroachment

or third party claims)

"__"_______ ___, in the _________ District Court, the Claimant filed a statement of claim to establish the fact of acceptance of the inheritance.

The Claimant did not provide indisputable evidence to confirm that the Claimant actually accepted the inheritance after the death of the testator ____________ (hereinafter referred to as the Testator), who died / died on "___" ________ _____

The plaintiff did not take measures to preserve hereditary property, protect it from encroachments or claims of third parties, because:

- did not change the locks in the apartment of the Inheritor;

- having learned about the appearance of unauthorized persons intending to get into the apartment of the Testator, did not take any measures until the moment of applying to the court with a claim to establish the fact of acceptance of the inheritance. The specified claim was filed ____ later from the moment when the Plaintiff became aware of the appearance of unauthorized persons;

- applied to law enforcement agencies on "__" _______ ___ not with the aim of ensuring the safety of the Testator's apartment, but with requests to provide the Plaintiff with the opportunity to take documents and clothes of the Testator from the apartment for burial, as well as to check the employees of the investigative department for their possible involvement to kill the Inheritor.

Based on the foregoing, guided by paragraph 1 of Art. 1152, art. 1153, paragraph 1 of Art. 1154 of the Civil Code of the Russian Federation, paras. 2 hours 2 tbsp. 149 of the Code of Civil Procedure of the Russian Federation, I ask in satisfaction of the Claimant's claims to establish the fact that the Plaintiff accepted the inheritance that opened on "___" ________ _____ after the death of _______, consisting of _______, to recognize the Claimant's ownership by inheritance by law / by will on hereditary property _____, on the termination of the Respondent's ownership of the said property, on the invalidation of the certificate of the right to inheritance "___" ________ _____ N _____, issued to the Respondent by a notary ______ ______, to refuse.

1. Evidence confirming that the Claimant did not take actions indicating the actual acceptance of the inheritance: the Claimant's appeal to law enforcement agencies dated "__" _______ ___ / other documents.

2. Power of attorney of the representative from "___" _________ ____, N ______ (if the objection is signed by the defendant's representative).

Objection to a statement of claim for recognition of the right of ownership of a dwelling in the order of inheritance by law

Sample (example) of drawing up an objection to a statement of claim

To _______________________ District Court
Respondent: ________ (full name)__________

email mail: ____________________________
Respondent's representative: ___ (full name) ___
address: ______________________________,
telephone: ____________________________,
email mail: ____________________________
Plaintiff: ________(full name)____________
address: ______________________________,
telephone: ____________________________,
email mail: ____________________________
Case N ______________________________

Objection to a claim
on recognition of the right of ownership to a dwelling in the order of inheritance by law

"___" ________ ___G. a lawsuit was filed with the court for recognition by inheritance under the law of ownership of the residential premises (apartment) / share in the residential premises (apartment) in the amount of _____ with a total area of ___ sq. m, living area ___ sq. m, located at: _________________________, cadastral number _______.

It follows from the statement of claim that the Claimant asks to recognize his ownership of the specified residential premises / share in the residential premises due to the fact that ___________________.

The defendant disagrees with the claims because:

– The plaintiff does not have the right to inherit the disputed property by law, since there are heirs of one of the previous stages, which is confirmed by: a passport / birth certificate / marriage certificate / other documents confirming kinship.

In accordance with paragraph 1 of Art. 1141 of the Civil Code of the Russian Federation, heirs are legally called to inherit in the order of priority provided for in Art. Art. 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. The heirs of each subsequent line inherit if there are no heirs of the previous lines, that is, if there are no heirs of the previous lines, or none of them has the right to inherit, or they are all excluded from inheritance (Article 1117 of the Civil Code of the Russian Federation), or deprived of inheritance (clause 1 1119 of the Civil Code of the Russian Federation), either none of them accepted the inheritance, or all of them refused the inheritance.

– The plaintiff does not have the right to inherit the disputed property under the law, since he did not provide evidence that he is a relative of the testator: documents indicating the existence of family ties between the claimant and the testator (birth certificates / marriage certificates, etc.).

The need for a certain degree of kinship with the testator for inheritance by law is defined in Ch. 63 of the Civil Code of the Russian Federation (Article 1142 - 1145).

- The plaintiff did not actually accept the inheritance, which is confirmed by the report of the Ministry of Internal Affairs on the result of a survey of neighbors / a certificate of debt on the financial personal account of the dwelling / other documents.

According to paragraph 2 of Art. 1153 of the Civil Code of the Russian Federation, it is recognized, until proven otherwise, that the heir accepted the inheritance if he committed actions indicating the actual acceptance of the inheritance, in particular if the heir: came into possession or management of the inheritance property; took measures to preserve hereditary property, protect it from encroachments or claims of third parties; made at his own expense expenses for the maintenance of hereditary property; paid at his own expense the debts of the testator or received from third parties the funds due to the testator.

- During his lifetime, the testator did not take all the necessary and sufficient actions to conclude an agreement on the transfer of the occupied residential premises to his ownership: he did not submit the documents necessary for the privatization of the apartment, he did not appear to sign the transfer agreement, which is confirmed by the response to a request to the DZhP and ZHF of Moscow. Moscow N _____ / response from the “one stop shop” service / response from the BTI authorities, etc.

In accordance with the provisions of Art. Art. 2, 7, 8 of the Law of the Russian Federation of July 4, 1991 N 1541-1 “On the privatization of the housing stock in the Russian Federation”, citizens of the Russian Federation who have the right to use residential premises of the state or municipal housing stock on the terms of social hiring, have the right to purchase them on the terms, provided for by this Law and other regulatory legal acts of the Russian Federation.

The transfer of residential premises into the ownership of citizens is formalized by a transfer agreement concluded by public authorities with a citizen who receives residential premises into ownership in the manner prescribed by law.

- The size of the shares of the owners of the privatized residential premises were determined during the lifetime of the testator by agreement of the owners, which is confirmed by the contract for the transfer of residential premises in the order of privatization.

In accordance with Art. 1150 of the Civil Code of the Russian Federation, the right of inheritance belonging to the surviving spouse of the testator by virtue of a will or law does not detract from his right to part of the property acquired during marriage with the testator and which is their joint property. The share of the deceased spouse in this property, determined in accordance with Art. 256 of the Civil Code of the Russian Federation, is part of the inheritance and passes to the heirs in accordance with the rules established by the Civil Code of the Russian Federation.

The Respondent believes that for the indicated reasons the claims are not subject to satisfaction, in connection with which:

Refuse to recognize the Claimant's ownership of the residential premises / share in the residential premises in the order of inheritance under the law.
A copy of the objection to the claim and the documents attached to it to the plaintiff.
Proof of the presence of heirs of one of the previous lines: copy of the passport / copy of the birth certificate / copy of the marriage certificate, etc.
Evidence of the Plaintiff's failure to actually accept the inheritance: a message from the Ministry of Internal Affairs on the result of a survey of neighbors / a certificate of debt on the financial personal account of the dwelling.
Evidence that the testator during his lifetime did not take all the necessary and sufficient actions to conclude an agreement on the transfer of the occupied residential premises to his ownership, did not submit the documents necessary for the privatization of the apartment, did not appear to sign the transfer agreement: a copy of the response to the request to the DZhP and ZhF Moscow N _____ / response from the “one stop shop” service / response from the BTI authorities, etc.
Evidence that the size of the shares of the owners of the privatized residential premises were determined during the life of the testator by agreement of the owners: a copy of the contract for the transfer of residential premises in the order of privatization.
Power of attorney, etc.

"___" __________ ____ G.

________________/________________________________/
(signature) (full name)

Judicial acts attached to the objection to the statement of claim:
Determination of the Moscow City Court of July 18, 2013 N 4g / 7-7094 / 13
Determination of the Moscow City Court dated June 19, 2013 N 4g / 9-5389 / 2013
Determination of the Moscow City Court dated June 13, 2013 N 4g / 2-4842 / 13

The court is proceeding with a civil case on the claim of the plaintiff to establish the fact of acceptance of the inheritance, recognition of the right of ownership to a share in the apartment. The defendant does not recognize the claims of the plaintiff, considers them unfounded and subject to rejection. The defendant asks the plaintiff's claim to be dismissed.

To Judge ___________ of the federal court of ________
_____________

objections
for a claim

In your proceedings is a civil case on the claim of ______________ to establish the fact of acceptance of the inheritance, recognition of ownership of a share in the apartment.
I do not recognize the claims of ___________, I consider them unfounded and subject to rejection on the following grounds:
Apartment No. ___, at the address: ____________________ was provided to our father ____________ back in _____
On the basis of agreement No. ____ on the gratuitous transfer of an apartment to a citizen in personal ownership dated _______, the father privatized the apartment for himself, subsequently, in ____, bequeathed to her mother long before her death - ___________, and in the event of her death in equal shares - me and truth.
After the death of her father, in _____, the mother turned to a notary with an application for acceptance of the inheritance, accepted the inheritance by will and registered the ownership of the apartment for 7/9 shares ..
All paperwork was handled by ____________
At the same time, she received a certificate of the right to inheritance under the law for 2/9 of the share of the apartment for herself (mandatory share).
Mother __________ is fully capable, she was not in the hospital for mental disorders, she is not registered with doctors in the RPD, until _____ she worked as a radiologist at the Central Hospital, she is a sane person, aware of all events, reads books, watches TV, mother has no health problems, namely, those related to the psyche, sometimes headaches bother her.
At the beginning of ___________, mother __________ called him Mr. ________________ and told him that her sister was trying to sell the apartment, she was bringing different people to the apartment, who presented herself as buyers, she was behaving disgustingly towards her, mocking her, and asked him to urgently leave for _________.
On the same day, I left for the city of _________, and upon arrival in the city of __________, my mother informed him of her intention to donate her share in the disputed apartment to him. I did not exert any pressure, neither mental nor moral, on her, there was no need for this, since, by her behavior, the plaintiff turned her mother against herself, that she decided to give me an apartment. This is the decision of the mother, to which he has nothing to do,
Upon arrival in the city, my mother and I, __________, turned to the Federal Registration Service for the Republic of Dagestan, where we concluded a donation agreement for 7/9 shares of the disputed apartment.
According to the certificate of state registration of property rights dated ____________, I have registered ownership of the specified apartment on the right of common shared ownership in the form of 7/9 shares.
Thus, I am the owner of 7/9 shares of the apartment.
The arguments of ___________ that the mother, when concluding the contract, did not understand the significance of her actions, are untenable.
At her request, the court ordered a forensic psychiatric examination in the case.
According to the conclusion of the forensic psychiatric expert (committee of experts) No. ____ dated _________, ______'s mental changes, which she had at the time of the conclusion of the donation agreement dated __________, are slightly expressed, are not accompanied by gross violations of criticism and intelligence and do not deprive her of the ability to understand the meaning of their actions and guide them.
At the time of signing the contract, __________, given the preservation of critical and predictive abilities, __________ understood the significance of their actions and led them.
Therefore, the grounds for meeting the requirements of ____________, provided for by Art. 177 of the Civil Code of the Russian Federation is not available in the case file.
The plaintiff's claims to recognize the ownership of a share of the disputed apartment in equal shares are subject to rejection, since I, as the owner, do not want to share it with anyone, and ___________ did not cite the grounds provided for by law for the division of the said apartment in the claim.
In view of the foregoing, I request that the claim of ___________ to __________ be denied.

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Objection to the statement of claim for the establishment of the fact of acceptance of the inheritance

After the statement of claim in a particular case has been sent by the plaintiff to the court, the court must provide a copy of the statement of claim to the person appointed as the defendant in this case, since providing the defendant with all information about the proceedings that have begun is a guarantee of observance of the procedural rights of the party.

Also, civil procedural legislation provides for the possibility of the defendant to express his disagreement with the brought claim in writing by filing an objection to the statement of claim. An objection to a statement of claim is a written document in which the defendant points out the unfair or unreasonable claims of the plaintiff, supporting his arguments with references to the norms of the law or to available evidence that could confirm the illegality of the stated claims.

The objection to the claim must be sent to the address of the court hearing the case (the address of the court can be found on the postal item when receiving a copy of the claim).

In the objection to the claim, it is necessary to indicate the claims made by the plaintiff, and at the same time, one's own arguments confirming the groundlessness of the plaintiff's claims. An objection can be raised both on the material side of the issue, and on the procedural side. That is, the defendant can send an objection about his disagreement not only with the amount of the plaintiff's claims in monetary form, but also with regard to existing violations of the norms of procedural and substantive law.

Filing an objection to a claim is a procedure that can significantly save time in the proceedings, since all participants in the process will already be familiar with the requirements and objections of the parties. Sending an objection to the statement of claim to the court is not a mandatory procedure: the defendant can either file his objection in writing with the court or refrain from taking this action.

To ____________________________ District Court

Representative of the Respondent: ___ (full name) ___

address: _______________________________,
telephone: _____________________________,
email mail: ____________________________

Objection to a claim
on the establishment of the fact of acceptance of the inheritance
(if the plaintiff did not make expenses at his own expense
for the maintenance of the estate)

"__" _______ ___, in _________ District Court, the Claimant filed a statement of claim to establish the fact of acceptance of the inheritance.
The defendant objects to the satisfaction of these claims.
The plaintiff did not provide indisputable evidence to confirm that he actually accepted the inheritance after the death of the testator ____________ (hereinafter referred to as the Testator), who died / died on "___" ________ _____.
The plaintiff did not pay expenses for the maintenance of the estate property at his own expense, because:

The plaintiff did not pay for the maintenance of the apartment (did not pay for the living quarters) / paid for them not from his own funds, which is confirmed by receipts for payment for the maintenance of the apartment dated “___” ________ _____ / receipts for payment for the living quarters dated “ ___" ________ _____ / receipts for payment of housing and communal services from "___" ________ _____ / documents confirming the maintenance of the apartment by the Claimant are not available;
The plaintiff did not pay utility bills (utilities) / paid them not from his own funds, which is confirmed by receipts for payment of utility bills dated "___" ________ _____ / receipts for payment of housing and communal services dated "___" ________ _____ / certificates _______ from "___" ________ _____, containing information about the receipt of funds from another person, and not from the Claimant / a certificate from "___" ________ _____ on the financial condition of the personal account of the payer-Inheritor, which does not confirm the payment of housing and communal services services by the Claimant.

Thus it is the Plaintiff did not commit actions indicating the actual acceptance of the inheritance within the period established by Art. 1154 of the Civil Code of the Russian Federation for the acceptance of an inheritance. Also, the Claimant did not apply to the notary with an application for acceptance of the inheritance within the period established by Art. 1154 of the Civil Code of the Russian Federation for the acceptance of an inheritance.

Based on the foregoing, guided by paragraph 1 of Art. 1152, art. 1153, paragraph 1 of Art. 1154 of the Civil Code of the Russian Federation, paras. 2 hours 2 tbsp. 149 of the Civil Procedure Code of the Russian Federation, please

in satisfaction of the Claimant's claims to establish the fact that the Claimant accepted the inheritance that opened on "___" ________ _____ after the death of _______, consisting of _______, on the recognition of the Claimant's right of ownership in the order of inheritance under the law / under the will to hereditary property _____, on the termination of the right ownership of the said property by the Respondent, to invalidate the certificate of the right to inheritance "___" ________ _____ g. N _____, issued to the Respondent by a notary ______ g. ______, to refuse.

Applications:

Evidence confirming that the Claimant did not commit actions indicating the actual acceptance of the inheritance:
- receipts for payment for services for the maintenance of the apartment dated "___" ________ _____ / receipts for payment for housing from "___" ________ _____;
- receipts for payment of housing and communal services dated "___" ________ _____ / receipts for payment of utility bills dated "___" ________ _____;
- certificates _______ dated "___" ________ _____, containing information about the receipt of funds from another person, and not from the Claimant.
- a certificate dated "___" ________ _____ on the financial condition of the personal account of the payer-Inheritor, which does not confirm the payment of housing and communal services by the Claimant.
Power of attorney of the representative from "___" _________ ____ g. N ______ (if the objection is signed by the Respondent's representative).

"___" __________ ____ G.

________________/_________________________________/
(signature) (full name)

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Objections to the claim for the establishment of the fact of acceptance of the inheritance by the child, the recognition of the right of ownership to a share in the inheritance

To the Pervomaisky District Court of Omsk

Claimant: R.Z.A. represented by the legal representative of D.A.D.,
residents: Omsk, Pr. Space, d. 97 ..., room. …

Respondents: R.A.K., resident: 644034, Omsk, st. 23 Severnaya, d. ...,

R.K.T., living: 644034, Omsk, st. 23 Severnaya, d. ...,

F.O.A., resident: 644012, Omsk, per. Tower, 2, apt. …,

F.A.V., resident: 644012, Omsk, per. Tower, 2, apt. …

Third party: Office of Rosreestr for the Omsk Region
644007, Omsk, st. Ordzhonikidze, 56

Objections to a claim
on the establishment of the fact of acceptance of the inheritance,
recognition of the right to a share in the estate

D.A.D. appealed in the interests of a minor RZA. to the court with a statement of claim, asks the court to satisfy the requirements:

on establishing the fact of acceptance of a minor D.A.D. the inheritance opened after the death of R.A.A.;
recognize the plaintiff's ownership of a share in the right to a dwelling;
invalidate the contract of sale, donation of the disputed residential premises that became the subject of the transaction;
invalidate the entry in the ERGP on the ownership of the disputed residential premises.

1. As stated in Article 1152 of the Civil Code of the Russian Federation, in order to acquire an inheritance, the heir must accept it.

Article 1153 of the Civil Code of the Russian Federation names two ways of accepting an inheritance:

- filing at the place of opening of the inheritance to the notary ... the application of the heir to accept the inheritance or the application of the heir to issue a certificate of the right to inheritance;

- the commission by the heir of actions indicating the actual acceptance of the inheritance.

According to the above rules of law, the current legislation of the Russian Federation does not contain any exceptions to the general rules for accepting an inheritance by minor heirs, since, according to the provisions of Article 28 of the Civil Code of the Russian Federation, transactions on behalf of a minor are made by his legal representative.

Accordingly, it should be assumed that the inheritance was accepted by the plaintiff by performing actions indicating the actual acceptance of the inheritance.

Clause 36 of the Decree of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 N 9 “On Judicial Practice in Cases of Inheritance” contains the following clarifications:

Meanwhile, evidence testifying to the actual acceptance of the inheritance by the plaintiff is not presented in the statement of claim, as well as in the explanations of the legal representative, references to them are not given. Moreover, from the explanations of the legally representing the plaintiff, it follows that in fact the inheritance was not accepted.

Moreover, we draw the attention of the court to the fact that in the framework of the case “2-1903 / 2011 on the establishment of paternity, considered by the Pervomaisky District Court of Omsk on July 20, 2011, the legal representative of the child in this case D.A.D. pointed out that “the establishment of paternity is necessary only for the appointment of a pension for the loss of the breadwinner ..., she does not claim the property of R-s” (p. 2 of the court decision of July 20, 2011).

The court in this case found that “together with R.A.A. D.O.D. did not live and did not run a joint household.

By the same court decision, it was established that “at the time of the birth of D.Z.A., R.A.A. died". At the same time, neither the child nor his legal representative D.A.D. in the living quarters owned by the testator, they have never lived and have not been registered in it at the place of residence or place of stay.

The foregoing indicates that none of the ways prescribed by law, the inheritance was accepted by the plaintiff in the person of his legal representative.

2. Since other requirements set forth in the statement of claim are derived from the requirement to establish the fact of acceptance of the inheritance, they are not subject to satisfaction.

In addition, we believe it is possible to clarify the following.

Transactions with the disputed residential premises comply with the requirements of the norms of the Civil Code of the Russian Federation, there are no grounds to consider them invalid for any reason. These transactions were made by the authorized alienator (at the time of the transaction - the title owner) in compliance with the form of the transaction required by law, the transfer of the right was registered by the body carrying out the state registration of the right. The plaintiff did not provide any grounds for concluding that these transactions were vicious.

The plaintiff does not take into account that in the case when the return of inheritance property in kind is impossible due to the absence of the heir, who has accepted the inheritance in a timely manner, of the relevant property, regardless of the reasons for which it was impossible to return it in kind, other legal consequences must occur that are not related to recognition of transactions made with hereditary property as invalid.

In particular, in paragraph 42 of the Decree of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 N 9 “On judicial practice in cases of inheritance”, such consequences are directly named:

If, when accepting an inheritance after the expiration of the established period, in compliance with the rules of Article 1155 of the Civil Code of the Russian Federation, the return of inherited property in kind is impossible due to the absence of the appropriate property from the heir who accepted the inheritance in a timely manner, regardless of the reasons for which it was impossible to return it in kind, the heir who accepted the inheritance after the expiration of the established period, is only entitled to monetary compensation for its share in the inheritance (when accepting the inheritance after the expiration of the established period with the consent of other heirs - provided that otherwise is not provided for by an agreement concluded in writing between the heirs). In this case, the actual value of the inherited property is estimated at the time of its acquisition, that is, on the day the inheritance was opened (Article 1105 of the Civil Code of the Russian Federation).

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Obtaining citizenship of the Russian Federation

To the Kuzminsky District Court of Moscow

Evseev Valery Nikolaevich, residing at the address: Moscow, st. ***

According to the claim of Chudina A.A., registered at the address: Moscow, ****,

in the interests of a minor Chudina E.A. to Evseev V.N.

on determining shares in the right of joint ownership of residential

premises and recognition of ownership of 1/4 share of the apartment

OBJECTIONS

REGARDING CLAIMS

In the production of the Kuzminsky District Court is a civil case on the claim of Chudina A.A., registered at the address: Moscow, ***, in the interests of the minor Chudina E.A. to Evseev V.N. on the determination of shares in the right of joint ownership of residential premises and the recognition of ownership of 1/4 share of the apartment. In addition to the claim dated February 17, 2005, a statement of claim was submitted dated June 17, 2005, in which the plaintiff puts forward new requirements, and also supplements the basis of the claim.

In the statement of claim dated 17.02.2005, the plaintiff asks to recognize the minor Chudina E.A. ownership of 1/4 share of the apartment at the address: Moscow, ***.

The plaintiff substantiates his claims in that the underage Chudina E.A. from 1993 until the death of Volzhin A.A. lived with him and was dependent on him.

In an additional statement of claim dated June 17, 2005, the plaintiff asks to recognize the will of E.P. Volzhina. and the Certificate of the right to inherit by will invalid. The plaintiff substantiates the additional claims by the fact that the certificate of the right to inheritance under a will was issued in violation of the Civil Code of the Russian Federation and the rules established by the fundamentals of the RF legislation on notaries. Furthermore, the plaintiff refers to the fact that Volzhina E.P. suffered from a mental illness, in connection with which, the will is invalid.

I consider the claims unlawful and unfounded, and the claim is not subject to satisfaction for the reasons set out below.

The information provided in the statement of claim is not true..

Minor Chudina E.A. was never dependent on Volzhin A.A., especially during the year before the death of Volzhin A.A.

On November 23, 2002, the marriage of Chudina A.A. was annulled. and Evseeva A.A., from February 2003 to August 2004 Chudina E.A. she actually lived with her mother at a different address: Moscow, Yaroslavskoe shosse, ****. The reason for their separation was hostile relations with the testator.

The requirement to recognize a certificate of the right to inheritance under a will as invalid is not subject toit to satisfaction.

The plaintiff indicates in an additional statement of claim that the certificate of the right to inheritance was issued in violation of the Fundamentals of the Legislation of the Russian Federation on notaries, since in the inheritance case Volzhina A.A. there was a document - Determination of the Kuzminsky District Court on the arrest, which, according to the plaintiff, is the basis for recognizing this Certificate as invalid. However, the fact is hushed up that this Determination was issued in the framework of another civil case, in which a decision was made to leave the application without consideration. Under such circumstances, the notary had no reason not to issue a certificate of the right to inheritance to the heir of Volzhina E.P.

The requirement to recognize the will as invalid is stated by a person who is not interested.

In accordance with paragraph 2 of Art. 166 of the Civil Code of the Russian Federation, the requirement to apply the consequences of the invalidity of a void transaction may be presented not by any person, but by any interested person. Interest within the meaning of civil law is defined as a material interest in the outcome of a civil case. If the court satisfies the requirements for recognition of the will Volzhina E.P. invalid the size of the share to which the plaintiff will be entitled to claim will not change, since the heirs of Volzhina E.P. according to the law are her brother and sister, who actually accepted the inheritance after the death of E.P. Volzhina, or the inheritance in the prescribed manner will be recognized as escheated and transferred to the state. Under such circumstances Chudina E.A. is not an interested person and does not have the right to challenge the validity of the will of E.P. Volzhina. Recognition of the will as invalid can only lead to a change in the identity of the defendant. The requirement to recognize the will as invalid cannot be considered by the court at the request of Chudina A.A.

In connection with the foregoing, I ask the statement of claim Chudina A.A. in the interests of Chudina E.A. , as well as an additional statement of claim for the recognition of ownership of the "L share of the apartment, the recognition of the will and certificate of ownership as invalid, leave without satisfaction.

Ignatov O.L.

How to write a sample statement of claim to the court to establish the fact of acceptance of the inheritance

Unfortunately, not all people in the country are familiar with the uniform procedure necessary in order to receive an inheritance. There are even cases when citizens do not at all take up the registration of their rights to inheritance. But in any case, if you want to dispose of the inheritance left to you, then it will definitely need to be formalized.

Grounds for establishing the fact of acceptance

From the point of view of legislation, the acceptance of heritage is formally the receipt of such a document as confirmation of inheritance. To obtain such a document, each heir is given a certain period. This period is 6 months from the day following the day of death of the testator, which can be found in his death certificate.

If you do not have time to meet the receipt of the inheritance within this period without good reason, then the inheritance will be refused. If this period has not yet passed, but the notary refuses to issue a certificate to the heir, then you can draw up a complaint against the notary and file it with the court.

To receive a refusal from a notary and write about it in your application is a necessary condition in establishing the fact of receiving a heritage. Also, in your application, you should write why you are accepting the inheritance (usually in this case, this is registration of ownership of the inheritance).

What role does

The task of a notary after the death of the testator is to open an inheritance case, find and notify future heirs that they have to enter or refuse to enter into inheritance rights, therefore, accept or waive the rights and obligations bequeathed to them by the testator.

Those heirs who nevertheless agree to accept the inheritance will have to submit an application to the notary in which they write this, they will also need to write an application for a certificate of ownership of the inherited property.

If everything is done correctly, the notary is obliged to issue a certificate of the right to inheritance, which will certify the right to the testator's property. Without a statement on the determination of the fact of acceptance of the inheritance, it will be impossible to exercise one's right to the inheritance.

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claim

To apply, you need to apply to the district court in your place of residence. This application is accompanied by papers proving the fact of acceptance of the inheritance.

For example, a certificate from the Federal Migration Service on the issue of registration or a receipt confirming the repair that took place in the building.

Most often, it is with this that the greatest difficulties arise, to abolish this work, you can contact a professional lawyer who will provide you with qualified assistance in this matter, will be able to prepare the necessary documents and take into account all the nuances of your case.

Important: Even after the court makes its decision, you will need to contact the notary who served the inheritance case to obtain a certificate.

Issues that may arise when applying:

It is best to contact a specialist in the place where the inheritance will be opened, as notaries prefer to work with their own forms of documents. Otherwise, you may have to do the same job several times.
In one application, you can write two requests at once, the first is the determination of the fact of acceptance of the inheritance, the second is the issuance of a certificate of inheritance.
The application must be written by hand.

An application for determining the fact of acceptance of heritage should be drawn up in accordance with all the rules of the Civil Code of the Russian Federation.

The application must include all of the following:

name of the court to which the future heir applies
all other heirs must be registered
passport details and phone number by which the applicant can be contacted
the name of the document, namely - Statement on the establishment of the fact of acceptance of the inheritance
list of property to be inherited
links to documents proving the acceptance of property (all the same receipts, testimonies of witnesses)
the request itself (determine the fact of acceptance of the heritage)
petition to call witnesses
date of application
signature.

The application form can be downloaded from the link.

Entering into an inheritance is not difficult if you follow all the rules prescribed in the Civil Code, the Tax Code, the Constitution of the Russian Federation. To begin with, you should prepare all the documentation; to simplify, it is advisable to use the services of a qualified lawyer.

After all the documents are ready, you need to contact a notary with them, pay all fees and accept a certificate of inheritance.

It can be registered for each heir separately or one for all heirs, such a document can be drawn up both for some part of the inheritance, and for all property.

In the case when the will was not written, all the property of the testator will be distributed according to the law, in the order of priority. According to the Civil Code primarily includes:

children of the testator, his legal wife and husband, parents.

The second line is attributed to:

grandparents, brothers and sisters.
brothers or sisters of parents, cousins or sisters.
great-grandfathers and great-grandmothers.
grandparents, as well as grandchildren and granddaughters.
aunts and uncles, great-grandchildren and nephews.
stepfather, stepmother or stepson's stepdaughter.

On reimbursement of court costs in civil proceedings. Read more here.

Will

Since a will is one of the documents confirming the right to inheritance, it is worth taking a closer look at what a will is. A will is an act in which a person writes his last will regarding his rights and obligations. It has no legal effect until the death of the testator.

The original of this document is always kept only in the notary's office, if it was not possible to find a will at the notary's office at the place of residence, but you are sure of its existence, then you should contact the notary body with a request to search for a will in their database.

Wills are of two types - open and closed.

An open will is written in the presence of witnesses, a notary and an appellant. After writing such a will, it is transferred to the notary for review, and then to the executor so that he puts his signature.

Such a will is used when the testator himself cannot sign (in a number of physical incompetence or illiteracy). This type of will should indicate why the testator cannot sign.

In the case of a closed will, the person writes it himself, after which he signs, puts the date and seals it in an envelope. It gets to the notary in this form, he undertakes to print the envelope only in the event of the death of the testator and no later than 15 days after receiving the death certificate.

Heirs

The person to whom, after the death of the testator, all his rights and obligations are transferred is called the heir. In order to exercise the right to inheritance, the heirs are given 6 months. If the heir, without good reason, does not have time to exercise this right, then all the property left by the testator is transferred to the state.

In the case when the heir does not have time to use this right and dies, the right to this inheritance passes to his heirs, and the term remains the same as that left for the deceased for this. In the case when this period is less than 3 months, then it is increased to exactly this.

Documents confirming the fact of acceptance of the inheritance

Preparation of evidence is one of the essential aspects of any successful application to the court, and even more so in our case. Without documents that can confirm the fact of acceptance of the inheritance, it will be very difficult to win the case.

You must attach one of the following documents to your application:

a document that proves the fact of the death of the testator (death certificate)
his ownership of the transferred property
will, a document that confirms family ties such as a marriage certificate, adoption certificate, etc.)
the fact of the actions of the heir in relation to the transferred property. For example: checks confirming repairs in the premises, a receipt for the return of a debt, receipts confirming the fact of payment of utilities, taxes, state duties, other payments, a certificate from the housing office on the residence of the testator in a particular room.

In general, it is not particularly important what this document will be, the main thing. so that he confirms the fact that the heir accepted the inheritance at his disposal within the allotted time. In addition, all documents must be properly executed and certified by the signature or seal of an official.

Financial aspect

In any case, the registration of the inheritance will cost you a pretty penny. To obtain the right to inheritance, notary services and state duty are paid.

The cost of services of a notary office:

For the issuance of a certificate of inheritance to the brothers or sisters of the deceased, his parents, the spouse will need to pay 0.3% of the total value of the inheritance, but not more than 100,000 rubles. The rest of the heirs will need to pay 0.6% of the same amount.
A testamentary certificate will cost 100 rubles.
Certification of an application for acceptance of an inheritance will also cost you 100 rubles.
A certificate of ownership of a part of the property of the spouses costs 1,200 rubles. What applies to real estate. And for the rest you will have to pay 1300 rubles.

The order of inheritance of contributions

You can get a bank deposit on a passbook in the following ways:

by will
in law
by testamentary order.

When entering into an inheritance on a bank investment by will, the heir must bring to the banking organization confirmation of the right to inheritance by will, in case of inheritance by law - a certificate of the right to inheritance by law. If you do not bring these documents, the inheritance will not have legal confirmation.

How to claim damages in case of an accident? Link answer.

How do I claim damages for a crime? Learn more.

In addition to the fact that issues related to heritage are resolved by a notary, it is possible that they will be resolved by filing a claim with the court. Such actions take place when the heirs missed the period of acceptance of the inheritance, as a result of which they are denied the right to the inheritance property.

Statement of claim for the establishment of the fact of acceptance of the inheritance

Actual inheritance from a legal point of view is regarded as a full-fledged way of accepting the property rights of the deceased. Article 1153 of the Civil Code of the Russian Federation, this method is equivalent in importance to registration with a notary, but does not require the collection of documents and compliance with official conventions. However, this should not mislead heirs. The actual entry into the law is fraught with many risks and allows you to make only a small respite from going to courts and troublesome collection of evidence.

Who has the right to actual inheritance

The actual acceptance of the inheritance is recognized as accomplished only in relation to persons who have the right to the property of the deceased and to exercise this right under existing circumstances. This means that if there is a will, the first applicants for inheritance are the persons appointed by the testator. If they renounced the property or did not accept it on time, their right passes to the heirs sub-appointed in the will, and in their absence - to the successors by law. For the heirs, according to the law, a similar procedure for the transfer of inheritance rights applies. But it happens from the first stage to the second and further, up to the eighth stage.

When to Apply

The need for official registration of inherited property may arise in such situations:

Registration of property in your name (impossible without presenting a certificate of inheritance).
The desire to secure their rights to the inheritance in order to avoid claims to it from the rest of the successors.

The term for entering into inheritance actually or through registration with a notary is 6 months. Based on this, it is important for the real successor to have time to carry out actions for the actual adoption of property rights within six months after the death of the testator. At the same time, filing a claim for its establishment is possible at any time, except in cases where the inheritance was notarized by other persons. Then the term for filing a claim is 3 years from the date when the actual bequeather learned about the violation of his rights.

To fix the right to inheritance, the actual successor must file a lawsuit with the district court at the location of the inherited property.

Even in the absence of disputes, the establishment of the fact of inheritance requires an appeal to the court. This is due to the fact that the heirs who have taken possession of the received property rarely draw it up within the prescribed 6 months.

In addition to the application, the plaintiff is obliged to pay the state duty and provide evidence of the actual acceptance of the inheritance. These can be certificates, receipts and testimonies of witnesses confirming the following actions in relation to the object of inheritance:

repayment of debts
payment of current repair and maintenance costs
usage
control
protection from outside attacks.

Establishment of the fact of inheritance also occurs if there is evidence of payment of the testator's debts and receipt of funds due to him from third parties.

Drawing up a claim

The statement of claim is drawn up strictly according to the established template and must contain the following data:

The name of the district court of general jurisdiction.
Full name, address and contact details of the plaintiff and other interested parties, including a notary at the place of opening of the inheritance.
The amount of the state duty.
Description of the grounds for entering into the inheritance (death of the testator, appointment or sub-appointment of the plaintiff in the will, or his right to claim property by law).
The presence of other equal heirs.
The reason for the appeal (the expiration of the period established for entry into the inheritance).
A brief description of the property and a list of circumstances indicating its actual acceptance.
Mention of the observance of the terms allotted for the actual inheritance.
The reason why the testator did not apply to the notary within six months after the death of the testator.
Full name of the notary and registration number of the letter with refusal to register inheritance rights.
The essence of the request.
List of attached documents.
Date of application.

Documents attached to the claim:

Plaintiff's ID.
Death certificate of testator.
Will or document confirming the basis for inheritance by law (birth certificate, marriage certificate, etc.).
An act confirming the right of the deceased to the object of inheritance.
Documents characterizing the inherited property (appraisal certificate, registration certificate, boundary plan, etc.).
Receipt of payment of state duty.
Evidence of the fact of acceptance of the property of the deceased.

All documents, including the claim, are provided in several copies (copies), according to the number of persons participating in the case.

Sample application for establishing the fact of acceptance of the inheritance 2017

For reference, please see the following sample claim:

Proving the fact of inheritance does not always go smoothly. Sometimes litigation is complicated by the presence of claims to property on the part of the beneficiaries who have registered the inheritance with a notary. There are also cases when evidence of the real entry into the property rights of the deceased is perceived by the court as insufficiently substantiated. And, in view of this, the decision is not made in favor of the plaintiff.

You can avoid such an undesirable development of events with the help of a timely appeal to specialists with experience in conducting inheritance cases. These are the lawyers of the site http://ros-nasledstvo.ru. They will help to identify the main problematic points of the situation you described within the framework of a free consultation, for which it is enough to fill in the field below.

Sometimes we do not have time to keep the information up to date due to frequent changes in legislation, by-laws and judicial practice,
In 90% of cases, your problem is individual, so self-protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a complication of the process!

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Application for the establishment of the fact of acceptance of the inheritance

The actual acceptance of the inheritance involves the implementation by the heir of certain actions to improve or maintain the property due to him. However, sometimes it is required to confirm that this acceptance has actually taken place. This is carried out in court and with the application of the person concerned.

Establishing the fact of acceptance of the inheritance

If the applicant for an inherited object did not turn to a notary in time and did not receive a certificate of the right to inherit, he is not deprived of this right, since actual acceptance is provided. This means that the interested person, within the period of time established by law, performed actions in favor of the inherited property that were aimed at maintenance, improvement or use.

However, there are situations when a document confirming the rights to the inheritance mass is required. For example, if the period of time for registration has passed, and then an applicant appears who has not previously claimed his rights to inheritance. In order to protect their interests, the heir who actually accepted this property will have to write a statement establishing this fact.

Such an application is submitted and considered exclusively by the court, since the need for it arises only in the event of a trial in the case.

Thus, confirmation of acceptance of the de facto estate is not always required. If a dispute arose over property that passed by inheritance, and the person concerned accepted it not documentarily, but in fact, then such confirmation is required.

Sample Application

In order to prove the actual entry into inheritance rights, it is necessary to file a statement of claim to establish the fact of acceptance of the inheritance. A sample application might look like this:

To the Basmanny District Court of Moscow
Applicant: Stepanko Antonina Timofeevna,
living: Moscow, st. Mechanikov, 46, apt. 111

Application for the establishment of the fact of acceptance of the inheritance

On December 29, 2001, Timofey Mikhailovich Salnikov, who is my father, died. As a result, an inheritance was opened, consisting of:

car VAZ 2114 1995 production
two-room apartment.

The deceased wrote a will, certified by a notary Kalganova N.Yu. 06/11/1999 and entered in the register under No. 8354.

According to this testamentary disposition, I, Stepanko A.T., act as the heir to the car. and the father left the living space to his son, Andrey Timofeevich Salnikov.

Salnikov A.T. he came to the notary on time and wrote a statement about the desire to inherit, after which he was handed a certificate of inheritance by the notary on the living space.

I, in turn, did not come to the notary in the period allotted by law from the date of the death of the testator. Now I need to issue a certificate of inheritance on the car and sell it. The notary refused to draw up a certificate for me, justifying the refusal by the fact that I had missed the period of time allotted for entering into the inheritance.

However, I believe that I did not miss the time to enter into inheritance rights. Immediately after the death of my father, the car passed into my actual use and possession. Five days after my father's funeral, I put the car in my personal garage (with the verbal consent of my brother), since my father did not have his own garage, he constantly parked the car near the house in the parking lot, and there its safety is at risk.

The car has been sitting in my garage ever since. This can be proved by the testimony of witnesses who are the owners of neighboring garages - Tikhonenko G.G. and Mironova Z.M.

In March 2003, I replaced the tires and wheels of the car, and also made minor repairs to some of its parts, which is confirmed by checks from the Avtoray auto repair shop, in April I paid the transport tax.

Salnikov A.T. claims about my appeal to the court to establish the fact of acceptance of the inheritance has not.

Based on the foregoing, I ask you to document the fact that I, Stepanko Antonina Timofeevna, entered into the right of inheritance, which remained to me as a result of the will drawn up by my father.

If necessary, summon the following witnesses to the court:

Tikhonenko Grigory Georgievich, residing at the address: Moscow, st. Maiskaya, 12, apt. 88
Mironova Zoya Mikhailovna, residing at the address: Moscow, st. Bratskaya, d. 9a, apt. 67.

Statement on the establishment of the fact of entry into the inheritance by the deceased

Sometimes it is necessary to prove the acceptance of specific objects not by one of the real heirs, but by the testator himself. This is possible if he accepted the property as a result of inheritance, but did not draw up a certificate from a notary. After death, the specified property passes to his heirs, but there is no document confirming the legitimacy of the transfer.

A document proving that the inherited property belonged to the testator on legal grounds is mandatory for registration.

In order to prove that the deceased was the legal owner and owner of the object that he transfers, it will be necessary to establish that the acceptance of the property by him actually took place.

Only the filing of an appropriate application becomes the basis for a court decision on recognizing the fact of acceptance by the deceased testator of property. Further, on the basis of this decision, the heirs can proceed with the registration of this property into ownership.

Thus, the establishment of the fact of acceptance of the inheritance is sometimes required for the heir who actually accepted the property. This procedure begins with the writing of an appropriate application and is considered exclusively by the court. As a result of the proof of the fact of entering into the inheritance, the court will make an appropriate decision and satisfy the applicant's request.

Objection to the statement of claim to establish the fact of acceptance of the inheritance - download sample

Objection to a claim

on the establishment of the fact of acceptance of the inheritance

(if the claimant has not taken possession or control

"__"______ ___, in the _________ District Court, the Claimant filed a statement of claim to establish the fact of acceptance of the inheritance.

The Claimant did not provide indisputable evidence to confirm that the Claimant actually accepted the inheritance after the death of the testator ____________ (hereinafter referred to as the Testator), who died / died on "___" ________ _____

On the day of the opening of the inheritance ("___" ________ _____) the Claimant did not live in the living quarters owned by the Testator, lived separately from the Testator, was registered at a different address, which is confirmed by a certificate from the housing maintenance organization / local authorities / internal affairs bodies " ___ "________ _____ g. N _____ on the Plaintiff's residence on the day of the death of the Testator at an address different from the address of the residential premises owned by the Testator / extract from the house book / other documents

After the death of the Testator, the Claimant did not move into the living quarters that belonged to the Testator, and did not live in it, which is confirmed by a certificate from the housing maintenance organization / local self-government / internal affairs bodies "___" ________ _____ N _____ about the residence of the Claimant after the death of the Testator according to address other than the address of the dwelling owned by the testator

Based on the foregoing, guided by paragraph 1 of Art. 1152, art. 1153, paragraph 1 of Art. 1154 of the Civil Code of the Russian Federation, paras. 2 hours 2 tbsp. 149 of the Code of Civil Procedure of the Russian Federation, I ask in satisfaction of the Claimant's claims to establish the fact that the Claimant accepted the inheritance that opened "___" ________ _____ after the death of _______, consisting of _______, to recognize the Claimant's right of ownership in the order of inheritance by law / by will on hereditary property _____, on the termination of the Respondent's ownership of the said property, on the invalidation of the certificate of the right to inheritance "___" ________ _____ N _____, issued to the Respondent by a notary ______ ______, to refuse.

Certificate of the housing maintenance organization / local governments / internal affairs bodies "___" ________ _____, N _____ about the residence of the Claimant on the day of the death of the Testator at an address different from the address of the residential premises owned by the Testator / extract from the house register / other documents

Certificate of the housing maintenance organization / local governments / internal affairs bodies "___" _______ ____, N _____ about the Claimant's residence after the death of the Testator at an address different from the address of the living quarters owned by the Testator / other documents.

2. Power of attorney of the representative from "___" _________ ____, N ______ (if the objection is signed by the defendant's representative).

"___"__________ ____ G.

Respondent's representative: ___ (full name) ___

address: _____________________________, telephone: _____________________________, e-mail mail: ____________________________

Case N: _______________________________

Objection to the statement of claim to establish the fact of acceptance of the inheritance (if the plaintiff has not entered into possession or management of the inheritance property)

G. in _________ District Court the Claimant filed a statement of claim to establish the fact of acceptance of the inheritance.

The defendant objects to the satisfaction of these claims.

The claimant did not take possession or control of the estate because:

On the day of the opening of the inheritance (___________ _____) the Claimant did not live in the living quarters owned by the Testator, lived separately from the Testator, was registered at a different address, which is confirmed by a certificate from the housing maintenance organization / local authorities / internal affairs bodies ___________ _____. N _____ on the Plaintiff's residence on the day of the Intestator's death at an address different from the address of the residential premises owned by the Intestator / an extract from the house book / other documents

After the death of the Testator, the Claimant did not move into the living quarters that belonged to the Testator, and did not live in it, which is confirmed by a certificate from the housing maintenance organization / local authorities / internal affairs bodies ___________ _____ g. N _____ about the residence of the Claimant after the death of the Testator at an address different from from the address of the residential premises owned by the testator

The Claimant does not use the things that belonged to the Inheritor, these things remained with the Respondent, are at the disposal of the Respondent

The Claimant did not transfer any property from the Testator's apartment to his apartment, did not take the Testator's things to his apartment

The Claimant did not repair the property of the Testator

The Claimant did not lease or lease the property of the Testator.

Thus, the Claimant did not take actions indicating the actual acceptance of the inheritance within the period established by Article 1154 of the Civil Code of the Russian Federation for the acceptance of the inheritance. Also, the Claimant did not apply to the notary with an application for acceptance of the inheritance within the period established by Article 1154 of the Civil Code of the Russian Federation for acceptance of the inheritance.

Based on the foregoing, guided by paragraph 1 of Art. 1152, art. 1153, paragraph 1 of Art. 1154 of the Civil Code of the Russian Federation, paras. 2 hours 2 tbsp. 149 of the Code of Civil Procedure of the Russian Federation, I ask in satisfaction of the Claimant's claims to establish the fact that the Plaintiff accepted the inheritance that opened on ___________ _____ after the death of _______, consisting of _______, to recognize the Claimant's right of ownership in the order of inheritance by law / by will to hereditary property _____, on the termination of the Respondent's ownership of the said property, on the invalidation of the certificate of inheritance ___________ _____, N _____, issued to the Respondent by a notary ______, ______, refuse.

1. Evidence confirming that the Claimant did not commit actions indicating the actual acceptance of the inheritance:

Certificate from the housing maintenance organization/local self-government bodies/internal affairs bodies ___________ _____, N _____ on the Claimant's residence on the day of the Testator's death at an address different from the address of the dwelling that belonged to the Testator / extract from the house register / other documents

Certificate from the housing maintenance organization / local government / internal affairs bodies ___________ ____ city N _____ about the Claimant's residence after the death of the Testator at an address different from the address of the living quarters owned by the Testator / other documents.

2. Power of attorney of the representative dated ____________ ____, N ______ (if the objection is signed by the defendant's representative).

Judicial acts attached to the objection to the statement of claim:

Appeal ruling of the Moscow City Court dated June 20, 2014 in case N 33-22202/14

Appeal ruling of the Moscow City Court dated March 24, 2014 in case No. 33-9096/2014

Seal

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