Claim for recognition of ownership of inheritance

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ATTENTION! Look at the completed sample statement of claim for restoration of the deadline for accepting an inheritance:

You can DOWNLOAD samples of statements of claim for recognition of the right to inheritance using the links below:

How to draw up a document correctly

The application for recognition of the right to inheritance consists of several parts:

introductory part. This part requires full information about the parties, the judicial authority and the price of the claim. The introductory part is written in the upper right area of the sheet. First, indicate the name of the judicial authority and its address. Then the following is written down: full name of the plaintiff and defendant, year of birth, residential address (if the defendant’s address is unknown, then the last known place of residence is indicated), telephone number. The price of the claim and the amount of the state duty are indicated under this. The price of the claim and the amount of the state duty depend on the value of the real estate included in the estate. Having deviated from the claim price, you need to indicate the name of the document in the center of the sheet. In this case, the following is written: “Statement of claim for recognition of the right to inheritance”;
descriptive and motivational part. In this part, the plaintiff must briefly but fully describe the current situation and justify his arguments. Thus, at the very beginning of the descriptive part, the plaintiff must indicate the following: information about the death of the testator (date, place, time), the order of inheritance (by law, by will), characterize the inherited property, describe the situation that led to the dispute, prove his right on inheritance, referring to regulations and evidence. In addition, in this part you can indicate the data of witnesses who can also confirm the applicant’s arguments;
pleading part. This part begins with references to all articles of regulatory legal acts on which the applicant relied. Under the links you need to write the phrase: “I ask the court.” And then list all the requirements in order. Each requirement must be written on a new line. Requirements should be clearly stated and short. There is no need to again describe all the reasons and arguments along with the requirements;
applications. Attachments are a list of documents that will be attached to the statement of claim. Each document needs to be briefly described: name and number of sheets. The following documents will need to be attached to the claim for recognition of rights to inheritance: a copy of the applicant’s identity card, a copy of the death certificate of the deceased, information about the last place of residence of the testator (a document from the Housing Office or an extract from the house register), documents confirming the presence of blood relationship (a document evidence of marriage with the deceased, birth certificate, documents evidencing adoption, expert opinion, etc.), original receipt of payment of the state fee.

Remember! At the very end of the application, the date of filing the claim in court and the signature of the applicant must be indicated.

The statement of claim must be in several copies, the number of copies depends on the number of defendants and the presence of third parties. If only one defendant will participate in the case, then 3 copies of statements are submitted to the court: 1 for the plaintiff, 1 for the defendant and 1 for the judge. Copies of documents are attached to the claim, but originals may be required during the consideration of the case.

Grounds for going to court

The basis for filing a claim in court may be a refusal to issue a document confirming a person’s rights to inheritance.

Most often, an authorized person refuses to issue this document on the following grounds:

missing procedural deadlines;
lack of certificates and certificates confirming the existence of a blood relationship between the testator and the applicant;
the testator lacks rights to dispose of property. Most often, this situation occurs among people living in villages. Since people do not re-register ownership, the property simply actually passes to the heirs. Also, a similar situation may arise if the testator did not have time to complete the construction of the property and did not draw up documents for it;
the emergence of disputes between heirs.

Any of these grounds leads to the fact that the heir cannot obtain a title document for the disputed property and register the property.

If the reason for refusal was the lack of necessary documents or rights, then you need to apply to a judicial authority with a claim to establish a legal fact. If this inheritance case is being heard in court, then there is no point in filing a claim in court.

Statement of claim to the court for recognition of the right to inheritance

Claim for recognition of ownership of inheritance

How competently the statement of claim is drawn up by the heir and what arguments are given will determine whether the court will make a positive decision on this issue, and whether the plaintiff will be able to protect his own property rights from any kind of encroachment from the outside.

The following information must be included in the legal claim:

the name of the court where the statement of claim with its address details is being submitted;
About the plaintiff (his full name, as well as his actual residential address);
About the defendant (his full name, as well as his actual residential address, if he is an individual, or when it comes to a legal entity, his name with address);
About third parties involved in the case;
About the price of the statement of claim (the amount must be indicated in rubles);
About the amount of state duty (the amount is also indicated in rubles);
Reflecting the essence of the document being compiled. This refers to the name of the claim being drawn up: “Statement of Claim for Recognition of Ownership of Inherited Property”;
Identification of the testator (his full name, date of death/birth, address of last place of residence);
Characterizing property transferred by inheritance. Its detailed description, composition, time and method of acquisition, estimated value are provided with reference to the relevant documentation (cadastral, registration, title, appraisal, technical);
On the basis of inheritance (whether the inheritance is distributed on the basis of a will or the law, based on the relationship of the heir with the deceased);
On the grounds that served as the reason for filing a lawsuit in court (who and how violates the plaintiff’s personal rights to inherited property or does not recognize them);
Displaying links to the norms established by certain articles of codes;
Revealing the essence of the claims being made;
Displaying a list of attached documents;
Date of document preparation;
Personal signature of the originator (plaintiff).

The information must be presented in the claim in a clear and concise form that is easy to understand. Each of the given circumstances disclosed in the application must be supported by evidence and relevant documents. An officially submitted claim must be fully substantiated.

A sample statement of claim is here.

In the Leninsky District Court of Kostroma
Plaintiff: Alexey Pavlovich Bortsov, Kostroma, st.
Ozernaya, 17 apt. 48. Defendant: Georgy Alekseevich Mannov, Kostroma, st. Polevaya, 47 apt. 19

Cost of claim: 2,000,000 (two million) rubles
STATEMENT OF CLAIM
on recognition as heir

On March 11, 2016, Bortsov Pavel Ignatievich (full name of the deceased) died. After his death, an inheritance was opened, consisting of a one-room apartment at the address: Kostroma, st. Nekrasova, 17 kv.38 (indicate the composition of the inherited property).

I am the heir of the first line of inheritance (queue of inheritance) after the death of Pavel Ignatievich Bortsov (full name of the deceased) on the basis of the law (indicate the grounds for inheritance, by law or will). There are no heirs of other queues.

There were errors in the documents confirming my right to inheritance; an error was made in the father’s patronymic in the birth certificate (indicate which errors prevent the notary from registering the inheritance out of court).

The fact that I am a close relative (degree of relationship) with the deceased Bortsov Pavel Ignatievich (full name of the deceased) is confirmed by the birth certificate series VN 832328 (list evidence confirming the existence of rights to inheritance), and in addition can be confirmed by the testimony of witnesses Alla Stepanovna Bortsova, Kostroma, st. Ozernaya, 17, Bortsova Inna Pavlovna, Kostroma, st. Kirova, 18 kv. 19 (full name and address).

In accordance with Article 1155 of the Civil Code of the Russian Federation, if there are no heirs of the first, second and third orders, the right to inherit by law is given to the relatives of the testator of the third, fourth and fifth degrees of kinship, who are not related to the heirs of the previous orders.
Relatives of the third degree of kinship - the great-grandfathers and great-grandmothers of the testator - are called upon to inherit as fourth-degree heirs;
as fifth-degree heirs, relatives of the fourth degree of kinship - children of the testator’s nephews and nieces (cousins and granddaughters) and siblings of his grandparents (great-grandparents);
as heirs of the sixth degree, relatives of the fifth degree of kinship are the children of the testator’s cousins and granddaughters (great-great-grandsons and great-granddaughters), the children of his cousins (great-nephews and nieces) and the children of his great-uncles and grandmothers (great-uncles and aunts).
If there are no heirs of previous orders, the stepsons, stepdaughters, stepfather and stepmother of the testator are called upon by law to inherit as heirs of the seventh order.
Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,
Ask:

Recognize me as an heir by law after the death of Pavel Ignatievich Bortsov (full name of the testator), who died on March 11, 2016.

Petition:

I request the following to be summoned to court as witnesses: Alla Stepanovna Bortsova, Kostroma, st. Ozernaya, 17, Bortsova Inna Pavlovna, Kostroma, st. Kirova, 18 kv. 19 (full name, full address).

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment of state duty
Death certificate of the testator
Documents confirming the right of inheritance
Documents confirming the existence of inherited property

Application submission date: October 22, 2016

Signature of the plaintiff _______A.P. Wrestlers

The claim form is here.
In ____________________________
(name of court)
Plaintiff: ________________________
(full name, address)
Defendant: _____________________
(full name, address)
Cost of claim: _____________________
(full amount from claims)
STATEMENT OF CLAIM
on recognition as heir

“___”_________ ____ died _________ (full name of the deceased). After his death, an inheritance was opened consisting of _________ (indicate the composition of the inherited property).

I am the heir of ___ (queue of succession) after the death of _________ (full name of the deceased) on the basis of _________ (indicate the grounds for inheritance, by law or will). There are no heirs of other queues.

There were errors in the documents confirming my right to inheritance _________ (indicate which errors prevent the notary from registering the inheritance out of court).
The fact that I am _________ (degree of relationship) with the deceased _________ (full name of the deceased) is confirmed by _________ (list evidence confirming the existence of rights to inheritance), and in addition can be confirmed by the testimony of witnesses _________ (full name and address).
In accordance with Article 1155 of the Civil Code of the Russian Federation, if there are no heirs of the first, second and third orders, the right to inherit by law is given to the relatives of the testator of the third, fourth and fifth degrees of kinship, who are not related to the heirs of the previous orders.
Relatives of the third degree of kinship - the great-grandfathers and great-grandmothers of the testator - are called upon to inherit as fourth-degree heirs;
as fifth-degree heirs, relatives of the fourth degree of kinship - children of the testator’s nephews and nieces (cousins and granddaughters) and siblings of his grandparents (great-grandparents);
as heirs of the sixth degree, relatives of the fifth degree of kinship are the children of the testator’s cousins and granddaughters (great-great-grandsons and great-granddaughters), the children of his cousins (great-nephews and nieces) and the children of his great-uncles and grandmothers (great-uncles and aunts).
If there are no heirs of previous orders, the stepsons, stepdaughters, stepfather and stepmother of the testator are called upon by law to inherit as heirs of the seventh order.
Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,
Ask:

Recognize me as an heir by law after the death of ________ (full name of the testator), who died “___”_________ ____

Petition:
I request the following to be summoned to court as witnesses: _________ (full name, full address).
List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment of state duty
Death certificate of the testator
Documents confirming the right of inheritance
Documents confirming the existence of inherited property

Date of application “___”_________ ____

Plaintiff's signature _______

Statement of claim for recognition of the right to inheritance: actual acceptance

Claim form Here.
IN ________________________________________
(name of court)
Plaintiff: ___________________________________
(full name, address):
_________________________________________,
Respondent: ________________________________
(full name, address):
_________________________________________
STATEMENT OF CLAIM
on recognition of ownership of an apartment by a person,
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 may 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:

establish the fact of my acceptance of the inheritance that opened after the death of _______________________________________________________________________________, including: _____________________________________________________________________________________;

____________________________________________________________________________________;

recognize my ownership of the apartment located at the address: _____________________________________________________________________________________;

cadastral number __________________________________________________________________.

Applications:

a copy of the statement of claim;
a copy of the apartment plan at the address: ________________________________________________ as of “___” ________;
a copy of the testator’s title document No.______ dated “___” ________;
a copy of the explication of the apartment located at the address: _______________________________ as of “___” ________;
a copy of an extract from the house register for the apartment located at the address: ____________________________________ as of
a copy of the personal financial account;
a copy of the death certificate;
a copy of the plaintiff's birth certificate;
receipt of payment of state duty;
list of inherited property;
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.);
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;
agreements on leasing property, repairing inherited property, installing a security alarm, etc.;
receipts for payment of taxes and payments, certificates from government agencies confirming receipt of funds from the heir;
a copy of the heir’s statement of claim against the persons who unlawfully took possession of the property;
other documents confirming the heir’s performance of actions indicating acceptance of the inheritance.

Date __________________

Signature _______________

Statement of claim for recognition of ownership of a land plot by inheritance (sample)

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On this page you can download an example of a statement of claim for recognition of ownership of a land plot by inheritance, drawn up by our lawyers, taking into account current legislation and established judicial practice.

Entry into inheritance

Entry into inheritance is carried out by heirs in two ways:

Its actual acceptance
Submitting an application to a notary

Entering into inheritance through court

In the case where you did not contact a notary and did not receive a certificate of inheritance, you will have to formalize your rights as an owner in court, because The notary accepts applications from heirs only within 6 months from the date of death of the testator.

In order to formalize your rights to a land plot after the death of the testator, you will need to file a statement of claim presented below, pay the state fee for filing it with the court, and provide the court with the necessary evidence of your rights in relation to this property.

When filing a claim for recognition of your rights as an heir, take an extract from the Unified State Register of Rights (USR). It will be needed so that the court can see that the disputed property (land) is indeed still registered in the name of the testator.

Who can act as a plaintiff in this claim?

The plaintiff in this claim can be heirs by law and by will. If you are an heir by law, you will need to prove that you actually accepted the inheritance, i.e. performed certain actions indicating this: took possession of the property, paid for its maintenance or repairs, paid the debts of the testator, etc.

When can you go to court?

If you missed the 6-month deadline for contacting a notary, then the law does not provide for a period for going to court if you actually accepted the inheritance.

The law implies that you go to court only to obtain a document confirming your rights to the disputed property. You can contact us for help in drawing up a claim and representing your interests in court.

We have been providing legal services for over 10 years and have never had any complaints from our clients!

Our contact phone number: 8 (495) 510-70-16.

An experienced lawyer will prepare your claim. Cost 6,500 rubles. Place an order Below is a sample statement of claim for recognition of ownership of a land plot by inheritance, which will help you protect your housing rights and interests in court.

In ________________________ (name of court and address) Plaintiff: ________________________
(full name and address)
(full name and address)
(full name and address)
State duty: ______ rubles.

Defendant: _________________________________ Third party: ________________________ Price of the claim: ______ rubles;

STATEMENT OF CLAIM for recognition of ownership of a land plot by inheritance

I, _____________ (indicate full name), am _______ (indicate degree of relationship) in relation to the testator ___________ (indicate full name), who died ___________ (indicate date). I am an heir by law / or by will (specify as appropriate) after the death of the testator. During his lifetime, ______________ (indicate the testator’s full name) he owned the following property by right of ownership:

Land plot: area _______ sq. m., located at the address: ______________, with cadastral number: _____________;

Until now, the ownership of the above property is registered in the name of the deceased, i.e. to _________________ (indicate full name). According to an extract from the house register, the testator was registered at the address: ______________ (indicate full name). After the death of the testator, I continued to use the above property. I did not submit an application for acceptance of the inheritance to the notary within the period established by law. Due to the fact that I actually accepted the inheritance, I currently intend to formalize my rights to the inherited property legally. The testator has other first-degree heirs (indicate if you are entering into an inheritance by law and the testator has living parents, children or a spouse. In the head of the claim, indicate them as third parties). The fact of acceptance of the inherited property is confirmed by the fact that I took actions indicating its actual acceptance, in particular, I took possession and management of it, took measures to preserve the inherited property, protect it from encroachment or the attraction of third parties, carried out at my own expense, expenses for the maintenance of the inherited property, paid at his own expense the debts of the testator. Also, the fact of taking possession can be confirmed by the testimony of witnesses admissible by the Code of Civil Procedure of the Russian Federation as a means of proving the above facts.

Indicate which specific actions you performed from the above. I have the keys to the apartment, because... I continue to live in it. The fact of payment of utilities and maintenance of the apartment is confirmed by receipts for payment of the relevant services (copies of receipts in the attachment).

I also paid membership fees to SNT “Yubileiny”, i.e. property included in the inheritance estate (a copy of the Membership Book with notes on payment of fees in the attachment).

I believe that I took actions indicating acceptance of the inheritance actually after the death of the testator _________ (indicate full name), who died ______ year.

According to 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 property rights of citizens and organizations depends. The court considers cases to establish: the fact of acceptance of the inheritance and the place of opening of the inheritance. In accordance with Art. 1152 of the Civil Code of the Russian Federation, in order to acquire an inheritance, the heir must accept it. Acceptance by an heir of a part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located. According to Art. 1142 of the Civil Code of the Russian Federation, the heirs of the first priority according to the law are the children, spouse and parents of the testator. In accordance with Art. 1112 of the Civil Code of the Russian Federation - the inheritance includes things and other property that belonged to the testator on the day the inheritance was opened, including property rights and obligations. According to Art. 1114 of the Civil Code of the Russian Federation, the composition of the inheritance is determined on the day the inheritance is opened. 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 property belonging to him is inherited by other persons in accordance with a will or law. In accordance with Art. 1153 of the Civil Code of the Russian Federation, it is recognized, until otherwise proven, that the heir accepted the inheritance if he performed actions indicating the actual acceptance of the inheritance, in particular, took possession or management of the inherited property, took measures to preserve the inherited property, protect it from encroachment or attractions of third parties, incurred at his own expense expenses for the maintenance of the inherited property, paid at his own expense the debts of the testator or received funds due to the testator from third parties. According to paragraph 34 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases,” the heir who accepted the inheritance, regardless of the time and method of its acceptance, is considered the owner of the inherited property, the bearer of property rights and obligations with the day of opening of the inheritance, regardless of the fact of state registration of rights to the inherited property and its moment (if such registration is provided for by law).

Calculation of claims and the amount of state duty:

— The cost of a land plot with a total area: ________ sq. m., according to the cadastral extract of the land plot is ________ rubles; In total, the amount of claims is _________ rubles (specify calculation). The plaintiff also filed a demand to establish a fact of legal significance. Thus, the amount of state duty payable is ________ rubles (i.e. 000000 + 00000) rubles. I believe that my demands set out in the statement of claim are based on the law. Based on the above, guided by Art. Art. 12 Civil Code of the Russian Federation, art. art. 22, 131-132 Code of Civil Procedure of the Russian Federation,

I ASK THE COURT:

Establish the legal fact of acceptance of the inheritance by the plaintiff ______ (indicate your full name), _______year of birth (indicate your date of birth), after the death of ____________ (indicate the full name of the testator), deceased __________ year;
Recognize for the plaintiff ______ (indicate your full name), ownership of a land plot: with an area of _______ sq. m., located at the address: ______________, with cadastral number: _____________, in the order of inheritance after the death of ____________ (indicate the full name of the testator), who died on __________ ;

Application:

1. A copy of the statement of claim for the parties to the case, the court and third parties; 2. Receipt of payment of state duty; 3. A copy of the death certificate of the testator; 4. A copy of the marriage certificate; 5. A copy of the will (if there is one); 6. Copy of birth certificate; 7. A copy of the land ownership certificate; 8. A copy of an extract from the house register; 9. A copy of the receipt for payment of utilities and maintenance of the apartment; 10. Copies of other documents confirming the circumstances stated in the claim; Date of application “____”____________ 20____

Plaintiff's signature ____________

We will be glad to see you in our office located at the address: Moscow, Shchelkovskoe highway, 77, building 1, office 111. To make an appointment, call: 8 (495) 510-7016. Opening hours: Mon-Fri: from 10:00 to 19:00, Sat: from 11:00 to 15:00, Sun: closed.

Claim for recognition of ownership of inheritance - law-divorce.ru

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Claim for recognition of ownership of inheritance

In judicial practice, there are often cases of citizens requesting recognition of ownership of inherited property.
The need to recognize ownership rights arises when there is a dispute between the heir and other individuals or legal entities.
The subject of the dispute is inherited property - residential real estate (houses, cottages, apartments), land plots, cars, cash, things.

To resolve the dispute, the heir needs to file a lawsuit to recognize the right of ownership of the inheritance. You should rely on the articles of the Civil Code devoted to property and inheritance.

In what cases is it necessary to recognize ownership of an inheritance?

Filing a claim for recognition of ownership of inherited property is advisable in the following cases:

A dispute arose between the heirs regarding the division of inherited property and the distribution of shares.
The inheritance rights of the heir are disputed.
Inherited property is unreasonably included in the inventory when seized.
The inherited property was not registered by the testator with the Rosreestr authorities.
Inherited property is not included in the estate.
The notary refused to issue the Certificate.
Other reasons.

It must be said that life situations in which the need arises to recognize property rights are very diverse. A claim may contain several related claims.

For example, recognition of a citizen as an heir of a certain order, inclusion of property in the inheritance mass, establishment of the fact of acceptance of an inheritance and recognition of ownership of inherited property.

Plaintiff and defendant

The plaintiff is a citizen - heir, whose property right is not recognized or is violated.

The defendants, respectively, are citizens or legal entities (state and municipal bodies, cooperatives, public organizations) who do not recognize or violate the plaintiff’s right of ownership of the inheritance.

For example, the defendants may be relatives who are not heirs, but do not want to vacate the inherited apartment. Or a municipality that does not recognize the testator’s ownership of the apartment, since he did not have time to register it with the Rosreestr authorities during his lifetime.

Where to file a claim?

A statement of claim for recognition of the right of ownership of an inheritance is filed at the place where the inheritance was opened.

That is, at the place of last residence of the deceased or at the location of the main part of the inherited property.

The claim is considered by the city or district court.

Cost of claim and state duty

Since the claims are of a property nature, it is necessary to determine the value of the claim. The value of the claim is the total value of the inherited property in relation to which the dispute arose.

The value of inherited property can be determined in several ways:

Firstly, it is indicated in cadastral or inventory documents - in the cadastral passport, BTI certificate (if we are talking about real estate).
Secondly, the value of property can be determined with the help of independent appraisal organizations or private appraisers.

It is important that the assessment of the value of the property is made on the date of death of the previous owner of the property!

The amount of the state duty is calculated based on the cost of the claim.

If the plaintiff’s financial situation does not allow him to immediately pay the entire amount of the state duty, he can submit a petition to the court for an installment plan or a deferred payment.

How to file a claim

The more competent and reasoned the claim the heir files, the greater his chances of achieving a positive court decision, thereby protecting his property rights from encroachment.

So, in the statement of claim you need to indicate the following information:

The court to which the claim is filed (name and address);
Plaintiff (name and address);
Defendant: (full name and address - if an individual, name and address - if a legal entity);
Third parties;
Cost of claim (amount in rubles);
Amount of state duty (amount in rubles);
The title of the document is “Statement of Claim for Recognition of Ownership of Inherited Property...”
Identity of the testator (full name, date of birth and death, last place of residence);
Inherited property (general composition, description, date and method of acquisition of each inherited property, estimated value - indicating supporting title, registration, cadastral and technical appraisal documents);
Grounds for inheritance (kinship - by law, will - by will);
Grounds for filing a claim in court (who and how does not recognize or violate the plaintiff’s right of ownership of the inheritance);
Links to the relevant articles of the codes confirming the violation of the plaintiff’s rights;
Claim;
List of applications;
Date of;
Plaintiff's signature.

The presentation of information in the claim must be clear, concise, and understandable. All circumstances reported in the statement of claim must be proven and documented. Claims must be substantiated.

More useful information and different samples of statements of claim can be found in the article “Statement of Claim for the Right to Inheritance (sample).”

Documents and evidence

The plaintiff will have to prove all the circumstances that he reports to the court in the claim, for example...

The actual acceptance of the inheritance - for example, living in the apartment of the deceased, repairs, improvement, security - can be confirmed by neighbors;
Expenses of personal funds for the maintenance of inherited property are confirmed by checks and contracts;
Timely payment of utility bills can be confirmed by receipts or certificates from service organizations;
The estimated value of the inherited property is confirmed by a cadastral passport or an appraisal report;
Family ties and belonging to a certain line of heirs are confirmed by documents such as birth/adoption certificates, surname change certificates, marriage and divorce certificates, death certificates;
The fact of ownership of the inherited property by the testator can be proven with the help of title documents - purchase and sale agreements, donations, exchanges, decisions on transfer of ownership, certificates of full payment of the share, orders);
The fact that the testator or heir has applied to state, municipal, and cooperative organizations can be confirmed by a copy of the application with a mark of acceptance, or an extract from the register of incoming correspondence.

All this serves as strong arguments for defending your claims to the property of the deceased.

Term

For claims for recognition of property rights, the law established a general limitation period of 3 years. This period begins to count from the moment when the heir's property rights were violated or when the heir learned about this violation.

Once the statute of limitations expires, the heir loses the opportunity to file a claim.

Only if a deadline is missed for valid reasons (of course, with supporting documents), the missed deadline can be restored and the claim will be accepted. Read more about this in the article “Limitation period for entering into inheritance.”

The court's decision

If the court recognizes the plaintiff’s ownership of the inherited property, the court decision will become the basis for state registration of this right and for the direct possession, use and disposal of the inherited property.
If the claim is not satisfied, the plaintiff has the right to appeal the court decision to higher authorities.

Statement of claim for recognition of property rights by inheritance

There may be cases when the heir did not timely register ownership of the property received as an inheritance, but continued to use it, take care of it and pay bills for the operation of the facility. Such actions imply actual entry into inheritance. In this case, the property is already included in the estate of another heir.

To obtain official rights, a person must obtain title documents. To register property rights in the proper manner, you must confirm your right in court. Let's consider how to file a claim for recognition of property rights by inheritance.

When is it necessary to go to court to recognize the right of ownership of inherited property?

Recognition of property rights by inheritance is carried out by applying to the court to legally confirm the rights to the property of the deceased, which is actually used by the applicant, but does not have official registration. This need arises among persons who have the right to receive the property of the deceased by inheritance or at the will of the testator.

The subject of a dispute may be any property of the deceased that does not have official registration , or the rights of a citizen are disputed by other individuals or legal entities. The dispute may be in relation to real estate, a vehicle, a plot of land, funds located in bank accounts, or other items of inheritance.

To restore violated rights, the heir must apply to the court.
Legislative regulation of the issue is contained in the Civil and Civil Procedure Codes.
The applicant has the right to recognition of property rights by inheritance in the following cases:

the notary refuses to accept the application because the deadline has been violated;
the property that is the subject of the dispute is not included in the inheritance mass;
the testator did not have time to formalize the subject of the dispute properly;
the subject of the dispute was unlawfully seized;
other persons challenge the plaintiff’s right to inherit;
the heirs do not agree with the procedure for dividing shares in the inherited property.

Important! The list is not final. An application may include several requirements at once. For example, to establish the fact of acceptance of inherited property and recognize ownership of the property of the deceased.

Parties to the process

The plaintiff in legal proceedings for the acquisition of property rights by inheritance is the heir whose rights to the property of the deceased citizen are violated or disputed.

The defendant is an individual or legal entity (production cooperative, public organization, municipal or state body) who violates or refuses to recognize the plaintiff’s rights to a share in the testator’s property.

An example of a defendant would be a local government body that refuses to recognize the heir’s right to an apartment because the deceased did not have time to properly register the property. In addition, other relatives of the testator who refuse to be deregistered and actually leave the residential premises inherited by the plaintiff may act as defendants.

Jurisdiction

A statement of claim for recognition of property rights by inheritance must be sent for consideration to a city or district court. The court must be located at the location of the property or at the place of last registration of the owner of the property.

How much will the cost of the claim and the amount of the fee be?

Since the applicant’s claims are of a property nature, an important point is to determine the price of the claim. To do this, it is necessary to evaluate the property of the deceased, which is the object of the dispute.

Important! To determine the value of the claim, it is necessary to take into account not all the property included in the inheritance mass, but only that part of it in respect of which the dispute arose.

To determine the value of the claim, it is necessary to evaluate the disputed property. To do this, you can use the following options:

Upon entering into inheritance, other heirs had to provide an assessment report of the property. The document indicates the value of the inherited property. This option can be used in relation to property subject to valuation during inheritance. For example, in relation to real estate.
If the claim is made in relation to a share in the property or in relation to property that was not subject to valuation upon inheritance, then the applicant will have to conduct an independent valuation at his own expense. The costs of the assessment are not reimbursed if claims are satisfied without a corresponding petition to the court.

The value of property is determined not on the day the citizen goes to court, but on the day of the death of the testator. The assessment is presented in the form of an official expert report.

Based on the amount indicated in the report, the state fee for consideration of the application in court is calculated.

For property claims it is:

13.2 thousand rubles. and 0.5% of the assessment amount if the value of the property is from 1 million rubles;
5.2 thousand rubles. and 1% of the total value of the property, with its value from 200 thousand to 1 million rubles;
3.2 thousand rubles. and 2% of the assessment result when the price of the property is from 100 thousand to 200 thousand rubles;
0.8 thousand rub. and 3% of the total value of the disputed property when its price is from 20 thousand to 100 thousand rubles;
0.4 thousand rub. and 4% of the claim price for property values up to 20 thousand rubles.

The amount of the duty cannot be less than 400 and no more than 60 thousand rubles.

Funds are paid through a banking organization or payment terminal. The payer must receive an official receipt. The law does not provide for the attachment of bank account statements about payment to the statement of claim or the printing of a receipt from an online banking service.

The amount can be paid in full or divided based on a court decision on installment payment.
A sample statement of claim for recognition of ownership of an apartment can be downloaded here

Filing an application to the court

Recognition of ownership of inherited property is not a formal claim. A citizen must prove his right to a share in the property of the deceased, since otherwise the rights of the other party will be violated.

The application is completed by the heir independently or with the help of a lawyer. A competent specialist will help a citizen avoid mistakes and restore violated rights.

The document must comply with the norms of Civil and Civil Law legislation. Sample claim for recognition of property rights by inheritance:

the full name of the court to which the claim is filed;
detailed information about the plaintiff (full name, permanent registration and temporary residence address, personal document details and contract telephone number);
similar information about the person violating the legitimate interests of the plaintiff;
third parties;
the value of the disputed property (claim price);
amount of duty paid;
name of the statement of claim;
information about the deceased owner of the property (full name, dates of birth and death; presence/absence of a will, presence/absence of family ties, place of last registration);
data on all inherited property and separately on the share in relation to which a controversial situation has arisen (description, title information, assessment results, availability of cadastral and technical documentation);
a situation due to which a citizen had to go to court;
reference to legislation;
citizen requirements;
a description of the attached information;
date, signature and surname of the applicant.

The statement of claim is drawn up in the number of copies according to the number of parties to the proceeding. If the application is submitted to three defendants and in the presence of a third party, the plaintiff prepares 6 copies (3 for the defendants, 1 for the third party, 1 for the plaintiff; 1 for the court).

Information must be presented in a document consistently and logically. The claim cannot contain blots or erasures.

Important! A detailed, correctly filed claim is the first step towards satisfying the applicant's claims.

Evidence base

All information presented in the statement of claim must be supported by documentation or testimony. The following information is attached to the application for recognition of property rights by inheritance:

personal document of the applicant;
a report of an expert assessment of the property in respect of which the dispute is being held;
will (if any);
documents confirming family ties between the plaintiff and the deceased owner of the property;
a certificate of family composition or an extract from the house register, stating that the applicant is registered in the living quarters of the deceased;
information on payment of bills for repairs and maintenance of property included in the estate;
the applicant’s expenses for maintaining the testator’s property;
actual acceptance of the property of the deceased;
legal information on the objects of disputed property;
documentation confirming the fact of the plaintiff’s appeal to state and municipal authorities, official refusal.

Additionally, you can attract witnesses who will show the fact of payment and maintenance of the deceased’s property, the actual acceptance of the inheritance. For example, a citizen lives in the living quarters of the deceased and pays utilities.

All documents are provided in the form of copies certified by the applicant’s signature. You will need to provide original documents during the process. Certificates are submitted in the form of originals and cannot be returned to the applicant.

Period for going to court

The general statute of limitations applies to a claim for recognition as an heir. It is 3 years from the day the citizen learned or should have learned about the violated right.

The law provides for an extension of the deadline by judicial procedure if the deadline was missed for valid reasons or grounds beyond the will of the applicant.

Example. Citizen Kormenko L.A. was deprived of parental rights in relation to his minor son Yegor. After his death, the son inherited the deceased’s apartment. At the time of death, the minor was placed in foster care and did not maintain a relationship with his father.

2 years later, after the death of L.A. Kormenko, Egor reached adulthood and returned to the city. He began to live in his father’s apartment, since he retained the right of residence. The son regularly paid utilities and carried out cosmetic repairs to the premises. A year later, the question arose about who is the owner of the residential premises.

Egor filed a lawsuit to restore the period for protecting his property rights. The court satisfied the plaintiff's demands, since at the time of his father's death, Egor was a minor.

After which, the son filed an application for recognition of ownership of the apartment by inheritance, since in fact he accepted his father’s inheritance. The court satisfied the son's demands.

Judgment

The result of consideration of a claim for recognition of the right to inheritance is a court decision. The document is issued to the applicant and respondents. A month after the decision enters into legal force, the parties must contact the court office for a note about the entry into force of the document.

Based on the court decision, the plaintiff must re-register the inherited property.

In the event of a dispute between heirs, a government agency or a municipality, in order to formalize ownership of inherited property, a citizen must protect his rights in court.

To do this, you need to file a claim. It is advisable to pay for a lawyer to represent you in court.

If the claim is satisfied, the services of a specialist for drawing up the claim and representation in court must be recovered from the defendant.

Statement of claim (sample sample) "for recognition of ownership rights by right of representation to inherited property under the law

Claim for recognition of ownership of inheritance 15 Apr

In the N-city (district) court
N region
Plaintiff: full name, place of residence;
Mobile phone number.
Defendant: Administration of the N-rayon
N-region, administration address;
Defendant: Administration of the N rural settlement,
address of the settlement administration
STATEMENT OF CLAIM.
on recognition of property rights by right of representation
to inherited property according to law.

Cost of claim: 00,000 rub. 00 kop.

In the village of Okunevo, on a land plot of 1500 sq.m. at the address N-skaya region, N-sky district, N-skoye rural settlement, st. Tsvetochnaya, house 55, Praskovya Ivanovna Petrova, born 00.00.1904, a residential building was built in 1952. Petrova Praskovya Ivanovna was the sole owner of the residential building.

Petrova P.I. there was a daughter of Petrova (by Ivanov’s husband) Tatyana Ivanovna, who on 00.00.1955 registered her marriage with Vladimir Ivanovich Ivanov. They were married on 00/00/1958.

son Ivanov Kirill Vladimirovich was born. Vladimir Ivanovich Ivanov dies on 00/00/1987. 00/00/1990 Ivanova Tatyana Ivanovna dies. 00.00.

In 2000, Tatyana Ivanovna Ivanova’s mother, Praskovya Ivanovna Petrova, dies.

On the day of Petrova Praskovya Ivanovna’s death, Petrova Praskovya Ivanovna’s grandson, Kirill Vladimirovich Ivanov, actually lived in the house and was registered.

Thus, Petrova Praskovya Ivanovna’s heir by right of representation after the death of Ivanova (in her maiden name Petrova) Tatyana Ivanovna became the only grandson of Petrova P.I. – Ivanov Kirill Vladimirovich.

Since Kirill Vladimirovich Ivanov’s grandmother, due to her old age and illiteracy, did not draw up any documents for the house and land plot after the death of her daughter, after her death her grandson K.V. Ivanov began to draw up all the documents.

A land plot with cadastral number 00:00:0000000:00, assigned on 00.00.2007, and information about it have the status as “current, previously recorded”, and its area is actually 1300 sq.m.

Any intersections with adjacent land plots; a land plot with a specified cadastral number and having the address: N-skaya region, N-skaya district, N-skoye rural settlement, village. Okunevo, st. Tsvetochnaya, house 55, does not have one.

After the death of his grandmother, Kirill Vladimirovich Ivanov continued to live in the testator’s house, caring for him and the land, making all necessary payments for taxes and utilities. As a legacy, Ivanov K.I. did not join because he believed that he already owned the house.

Thus, Kirill Vladimirovich Ivanov actually accepted the inheritance after the death of his mother in 1990, Tatyana Ivanovna Ivanova, and after the death of his grandmother Praskovya Ivanovna Petrova in 2000 by right of representation.

Based on the above, guided by paragraph 2 of Art. 1142, paragraph 1 of Art. 1146, paragraph 2 of Art. 1153 of the Civil Code of the Russian Federation, I ask the court:

To recognize Kirill Vladimirovich Ivanov as having actually accepted the inheritance by right of representation after the death of Praskovya Ivanovna Petrova.
Recognize the ownership of Kirill Vladimirovich Ivanov to a land plot with cadastral number 00:00:0000000:00, with an area of 1300 sq.m., and to a residential building with a total area of 00.0 sq.m., living area of 00.0 sq.m., located at the address: N-skaya region, N-sky district, N-skoye rural settlement, village. Okunevo, no. 55.

Application:

Four copies of the statement of claim;
Three copies of the birth certificate of Ivanov K.V.;
Three copies of a certificate of residence No. 00;
Three copies of an extract from the technical passport of the railway building;
Three copies of the cadastral passport extract;
Three copies of the land plot plan;
Three copies of the certificate of ownership of the property;
Three copies of the certificate of ownership of a residential building;
Three copies of the notice from the Unified State Register for a residential building;
Three copies of the notice from the Unified State Register on the loan;
Three copies of the death certificate of T.I. Ivanova;
Three copies of certificate No. 000 about marriage;
Three copies of the death certificate of Petrova P.I.;
A copy of the power of attorney for the representative;
Receipt for payment of state duty.

Plaintiff: __________________ (Ivanov K.V.)

Plaintiff's representative
lawyer __________________ (full name)
Date of filing the claim.
___________________________________________________________
Notes.
In order to have at least a general idea of this type of inheritance under the law, as the right of representation, it should be borne in mind that the heir by the right of representation, as it were, takes the place of his deceased ancestor, who would have inherited within the appropriate line if he had been alive. The general scheme of the order of entry into inheritance by right of representation looks something like this:

- the deceased children of the testator are represented by grandchildren and their direct descendants in a descending line (great-grandchildren, etc.);

- the testator’s siblings (including half-bloods) are represented by nephews (nieces);

- siblings of the testator's parents are represented as cousins of the testator.

From the above diagram it should be clear why this type of inheritance is called inheritance by right of representation. And if the meaning of the legal norm is understood, then adapting the text of an example statement of claim to a specific case will not be difficult.

Article 1142 of the Civil Code of the Russian Federation. Heirs of the first stage.

The heirs of the first priority according to the law are the children, spouse and parents of the testator.
The testator's grandchildren and their descendants inherit by right of representation.

Article 1143 of the Civil Code of the Russian Federation. Heirs of the second stage

If there are no heirs of the first stage, the heirs of the second stage according to the law are the full and half-blood brothers and sisters of the testator, his grandparents on both the father's and mother's sides.
Children of the testator's full and half-siblings (nephews and nieces of the testator) inherit by right of representation.

Article 1144 of the Civil Code of the Russian Federation. Heirs of the third stage

If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half-blood brothers and sisters of the testator's parents (uncles and aunts of the testator).
The testator's cousins inherit by right of representation.

Article 1146 of the Civil Code of the Russian Federation. 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 corresponding 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.
The descendants of an heir by law who was deprived of the inheritance by the testator do not inherit by right of representation (clause 1 of Article 1119).
The descendants of an heir who died before the opening of the inheritance or at the same time as the testator and who would not have the right to inherit in accordance with paragraph 1 of Article 1117 of this Code shall not inherit by right of representation.

The names and plot of the case are fictitious; accordingly, in reality everything may be different from the point of view of the circle of heirs and the chronology of the entry of heirs by right of representation. In other words, there may be two or more applicants, and accordingly the shares in the right to inherited property will be smaller...

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