And if there be a bequest, then each heir shall have his share according to his will; and if there is no bequest and the inheritance is made lawful, then the inheritance shall be shared equally among the heirs; and if there be a bequest, then Allah is Oft-Forgiving, Most Merciful.
- passport
- Statement
- certificate of death of the heir
- certificate from the heir ' s place of residence
- A document confirming the relationship with the heir
- Will (if any)
- Right-making documents for immovable property
- BTI property value certificate and building or apartment plan
- Idle account statement
- an extract from the home book
- amendment from tax inspection
- certificate from the ECU
Instruction 1 In order to formalize your share of the inheritance, after the death of the heir, you have to contact the notary at the location where the most valuable portion of the inheritance is located.
All features of share inheritance: nothing will remain hidden
It is important that you file the succession documents within six months of the death of the heir. If you fail to do so, the deadline will be missed and you will have to re-establish them in court, proving that the reason for the delay is respected.
The notary will open the inheritance file in six months ' time, and all the heirs will receive a certificate of inheritance. On the basis of this document, you will be able to register your share of the dwelling at the Federal Office of the State Registration Centre and then have the right to sell it.
If all the heirs are in favour of selling an apartment divided in percentage shares, the dwelling is sold; the money obtained is shared between the heirs according to the shares of the inheritance received.
Share inheritance
The law has the concept of shared property, which means the ownership of several persons over the same property with a certain share of each, a definition that can be considered in a very common situation – several relatives inherit the same apartment.
And then there's the question of buying a share of the estate between the heirs, and it would seem that close people can always negotiate, but practice shows that the problem is most often among them.
The inheritance of the estate shall be in accordance with the law, and the inheritance of the estate shall be transferred at the same time and in full, and the inheritance of the estate shall include not only the property itself, but also all the debts owed to third parties in respect of the property.
Once the notary is in charge of the inheritance case, it will be necessary to evaluate the apartment and collect reports from several institutions:
- Explicit certificate issued by the BTI with information on the size of the premises
- certificate from BTI or other authorized organization on the estimated value of the dwelling
- Exposition from the EGRP received in Regpalat
- Excise from the non-debt account
A citizen who is in the process of entering into inheritance rights must be prepared for expenditure, since the purchase of a certificate of the value of the dwelling and the receipt of the discharge from the Registering Chamber are subject to a fee; the step-by-step procedure for the acceptance and processing of the inheritance must begin at the earliest six months after the death of the heir.
Share inheritance of the dwelling
For an initial visit to a notary and an application for inheritance, the following documents must be produced for the inheritance of the apartment:
- original certificate of death of the heir or court decision declaring him dead
- heir ' s identity documents
- documents confirming the existence of a relationship with the surviving citizen
- documents confirming the ownership of the deceased relative of the dwelling - certificate of ownership, contract of disposition of real property, contract of donation
- Subsidy certificates issued by a member of the Supreme Court of Justice, a person with the rank of Hero of the USSR or of the Russian Federation, a cavalier of the Order of Fame, for exemption from payment of the Minister of State
Persons who had previously lived in an inherited apartment and who were legal heirs were also exempt from the State Ministry.
Procedure for the acceptance and inheritance of an apartment
Especially if this percentage is very small, for example, 1/8, and is of no value, or even worse, causes more trouble than good.
In any event, the law provides for the right to waive its share, which is done by making a declaration to the notary before issuing a certificate of right to inherit.
It is not lawful for you to give a share of the inheritance to any other heir, nor is it an equal share to the other heir.
You can't change your mind and demand your share back. Another rule is that you can't give up one part of the inheritance (e.g. the heir's debts) and another part (e.g. the apartment) you can't accept with pleasure.
The inheritance of only a portion of the immovable property may involve a number of problems related to the procedural timing of the process, but it is much more difficult to provide only a certain portion of the dwelling as an inheritance.
The share must necessarily be reallocated between legitimate applicants; the representatives of the courts did not always attend the meeting of the heir on the matter.
Under the law, the court may order a special refusal on the grounds that the heirs had not previously lived in the same territory as the person providing the property.
Either absolute acceptance or refusal is permitted.
The buy-in, the preferred right to buy, another important aspect of share distribution is the ransom, and sometimes the apartment is equally divided among family members into many small shares.
And those who possess a small share of the inheritance prefer that they be compensated in exchange for it, and they are entitled to sell their share; and the heirs are the ones who have the right to buy.
Say: 'Spend your share of the property of a father and two sons, if you wish to give him a share of the property of a father, and give him a share of the share of the property of a father, and give him a share of the share of the property of a father, and give him a share of the share of the property of a father; and give him a share of the share of the property of a father, and give him a share of the share of the property of a father, and give him a share of the share of the property of a father, and give him a share of the share of the property of a father, and give him a share of the property of a father, and give him a share of what he has earned, and give him a share of what he has earned; and Allah is Oft Forgiving, Most Merciful.
Legacy of shares in an apartment or house
Those who don't want to inherit an apartment, but more often than not, do they get a share of the deceased's inherited property, and today we're going to talk about how we're going to get a share of the inheritance in the apartment.
It is always more difficult to inherit a share of the dwelling than to obtain full ownership of the dwelling, especially when the apartment is divided between several willed heirs.
Problems in obtaining an inheritance
The main challenges to be faced are:
The possible desire of the other heirs to challenge part of the will on your part;
If the deceased ' s housing has not been privatized, the court may refuse to inherit due to the failure of the deceased to obtain full ownership of his or her apartment;
Domestic difficulties:
- The inherited share may be in a communal dwelling;
- Other heirs ' consent is required for the family members of the heir ' s family to be placed in the heir ' s home;
- Rental, sale and other activities with the flat are also subject to the consent of the other heirs.
An inheritance in an apartment can easily be challenged if the deceased was living with or had closer relatives than the heir specified in the will.
Succession to share in the apartment: rights and obligations of the parties
All real estate transactions (sale, rent, inheritance, etc.) are governed by articles of the Civil Code of the Russian Federation, and rules can be found to divide the dwelling into shares for each owner.
Under the provisions of article 244 of the Civil Code, joint property is a division of the right of ownership of an apartment, house or plot between several owners.
If the estate is in common ownership, only the portion of the testator ' s estate may be inherited.
In order to have the right to a share of the dwelling, it is necessary that the property be not divided or in conformity with the legal grounds under article 244, paragraph 4, of the Civil Code of the Russian Federation.
The following types of real property may be divided into:
- A dwelling, house or part thereof;
- Housing;
- There's a room in the communal apartment.
The basic provisions on common property rights can be found in article 247 of the Civil Code.
- The right to live in a house or apartment;
- Right to housing of family members (spouse, children, grandchildren or parents);
- The right to give one ' s share (e.g. one can give a share to one ' s child after divorce from a second parent);
- The right to bequeath one ' s share of the property without the consent of the other tenants.
However, one must not forget that there are several owners of shared property, which means:
"The right to housing ends where the rights of the second owner begin."
Thus, you will not be able to dispose of real property without the consent of the owner of the dwelling in the following cases (under article 246 of the Civil Code of the Russian Federation):
- Set aside an apartment or room for hire;
- Place distant relatives or strangers in the apartment;
- Destination, except wills and gifts.
The owners of the shares have priority over the sale of part of the dwelling to another owner.
We draw your attention to the fact that there are other restrictions on the disposal of such property, as detailed in article 246 of the Code of Criminal Procedure.
How can you inherit your share of the apartment?
The inheritance in this case is entirely identical to the acceptance of other types of inheritance.
It takes at least six months for the estate to inherit so that the notary can start the inheritance.
In order to obtain the estate of the deceased testator, the heir must collect and provide the notary with the package, which may take weeks to several months to collect:
- Application for succession;
- The testimonial of the testator ' s death, which indicates the exact date of the testator ' s death;
- A certificate or an extract from the home book on the place of last residence of the deceased citizen who left the inheritance in the dwelling;
- A document confirming the relationship between the heir and the heir:
- Birth certificate;
- Medical examination of paternity;
- Other documents;
- Real estate ownership documents in the name of the deceased heir;
- A certificate from the management company;
- Additional documents, on request.
If there is no dispute between the heirs over the shares in the property, they are all subject to the same inheritance procedure.
Russian law allows for actual inheritance, i.e. direct acceptance by the heir of the share in the apartment: use of it for residence, management and administration; six months for the inheritance to be accepted by the heir.
Each heir must accept the inheritance on his own, through a notary, or, in fact, by taking possession.
Who can challenge the estate's share of the apartment?
The making of a will greatly facilitates the inheritance of shares in the late testator ' s privatized apartment, but it does not protect the heir from the possibility of contesting the will by persons entitled to a compulsory share.
The compulsory share of inheritance is part of the inherited property, which necessarily becomes the property of a close relative of the deceased, regardless of the condition in the will that they be deprived of their inheritance.
Those who are entitled to a compulsory share of the inheritance, that is to say, they will receive half of the portion of the inheritance which they would have been awarded by law in the absence of a will, and these are the inheritors.
- Minors, relatives and children of the deceased;
- Children of the deceased who have been declared incapable of work or who are disabled in one group, both older and younger than 18 years of age;
- The parents of the deceased heir who have been declared incapable of work or who are in the disability group, as well as the elderly and retired parents;
- The spouse or spouse of the testator who is dependent on the deceased, whether or not the marriage was dissolved in the deceased ' s life.
Similarly, all the above-mentioned citizens have the right to inherit a compulsory share of the deceased ' s apartment or other home, even if the heir left a will for only one person.
In any event, the spouse or spouse of the deceased heir is entitled to inherit half of the deceased ' s property if acquired in an official marriage, i.e. jointly acquired property.
The remaining cases under property can be read in this section.
Succession to a share in an apartment by law, in the absence of a will
It is not always possible for a person to take care of a will, where he himself will indicate the order of the inheritance between the heirs.
In the absence of a will, the inheritance will be divided among all legal heirs according to the principles of equal share and in turn.
In inheritance law, there are eight sets of heirs:
| Title of succession | Legacy |
| Release 1 | The deceased ' s wife/husband, his children and parents; the right of representation may be the grandchildren and other descendants of the heirs referred to above. |
| Release 2 | Brothers/sisters, grandparents, nephews/nieces;
Part-time brothers and sisters are also allowed |
| Release 3 | Blood aunts, uncles and their descendants, i.e. cousins of the deceased |
| Release 4 (most rare) | Gradies/grandmothers |
| Release 5 | Children or descendants of nephews/niece and siblings of grandparents |
| Release 6 | Children (children and grandchildren) of nephews/nieces, children of cousins/sisters, children of siblings/grandparents (dual aunts and uncles) |
| Release 7 | Wife ' s or husband ' s child (passer or stepdaughter), stepfather ' s child, stepmother ' s child |
| Release 8 | Persons unable to work who are dependent on the deceased for a period of not less than 12 months prior to his death or who have lived with him or her outside the first seven phases of succession. |
The inheritance is divided among the above-mentioned relatives in turn.
Succession in an unprivatized dwelling
It is not by accident that you have singled out this question in a separate paragraph. The inheritance in such a house or apartment cannot be included in the total (total) estate.
Under the law, unprivatized housing cannot be inherited.
Despite the provision of the law that unprivatized housing could not be inherited, the Civil Code stated that, in exceptional cases, such housing could be handed over to the legal heir, but only by a decision of a judicial commission.
The court often denies the deceased ' s heirs an apartment for the following reasons:
- The deceased didn't make a living apartment because he didn't want to do it;
- The heir did not live in the apartment with the deceased;
- The heir is resident in another city or has his own home.
As a rule, the courts refuse to inherit unprivatized housing.
Only citizens who are officially registered in the apartment can challenge the court ' s refusal to accept the inheritance, and the court can grant the application of persons who are permanent residents of the apartment upon the consent of the deceased person.
These categories of citizens living in an apartment may apply to the court for a non-privatized dwelling to be inherited, but only if their share of property is equal.
Thereafter, after six months and formal inheritance, the heirs will be able to privatize the flat in equal shares, a procedure which is being followed by the courts.
Registering the inherited share of the dwelling
Like any inherited dwelling, the share of the estate obtained by the inheritance must be registered by the State at the appropriate level.
It is possible to register a share in the inherited dwelling after the expiration of six months from the date of the death of the heir.
By registering ownership of the share in the dwelling, the heir is officially recognized as the full owner of the share of the dwelling and is entitled to dispose of it, but his rights are not absolute over the entire share of the property, i.e. many actions with the dwelling can only be performed by agreement of the other owners.
You can register ownership at the territorial department of Rostreestra.
According to Rosreestre, the heir must submit the originals of the following documents:
- Application for State registration of ownership of property inherited from the estate;
- The applicant ' s passport (the heir);
- A certificate of succession;
- List of requirements of cadastral systems;
- A receipt of the payment of the majesty.
A member of the public registration authority must issue a receipt to the applicant for the receipt of the documents with the full names of the documents, after which Rosreest will check the papers and make certified copies for himself. After all the proceedings have been completed, a record of the transfer of ownership of the property to the heir will be entered in the real estate registry.
Upon completion of the statutory period, the applicant will receive a certificate of registration of the right to share property.
Do you have to pay an inheritance tax on your share of the apartment?
According to the latest data, the inheritance tax on property (movable and immovable) is abolished for all categories of citizens, regardless of the relationship between them and the heirs.
The abolition of the inheritance tax received by law or will is formally confirmed and enshrined in article 217 of the Tax Code of the Russian Federation.
After undertaking work to improve tax legislation, the Government of the Russian Federation decided that citizens ' inheritance income in obtaining real property, including shares in it, could not be taxed.
Some provisions of the inheritance law have been amended or repealed. Follow the updates on the website and receive all information first.
However, these changes do not eliminate the need for citizens to pay taxes on the sale of inherited shares in the apartment, but if a citizen has decided to sell the inheritance after three years from the date of the inheritance, he will be exempt from the tax obligation to dispose of real estate.
Succession to share in home ownership
One of the most difficult-to-received types of inheritance is the share in home ownership, as the category of persons with a higher right of inheritance is much larger.
Persons who are primarily entitled to inherit a share of the home ownership are:
- Citizens living in the home until and after the death of the heir;
- People who own houses on equal terms with their heirs;
- Persons who live in a home or own a share and have no other place of permanent residence;
- Persons living or using it as their only place of residence.
In addition to the inheritance, the inheritance of the estate on which the house is built is often added to the share of the household, and the inheritance procedure gives the share of the home in full the same way as the registration of the right to the inherited dwelling.
Can you write a waiver of the share in the apartment?
It is not lawful for the inheritance to be given to the heirs, but it is burdened by the debt of the deceased, or by a small amount, such as the share of the inheritance in the amount of 1/8.
The law therefore provided for the possibility of relinquishing the heir ' s inheritance; for this purpose, the heir must apply for the heir ' s resignation before obtaining a certificate of entitlement.
There are two ways in which you can give up your inheritance:
- In favour of another person;
- Refrain from inheritance in general and share their share equally among the other heirs.
Refusal to inherit cannot be cancelled, nor may part of the inheritance be waived.
Conclusion
It is not always for the heir to leave his property to a single heir, but more often, he spends the wealth that remains after his death on the principle of equality between the next of kin and the next of kin.
In Russia, the division of inheritance into shares between legal heirs is becoming increasingly popular.
A major feature is that the heirs of a will do not always have the right to inherit their inheritance, since the legal heirs in the estate specified in the will, and the heirs of the first line, can easily challenge the will in a court of law.
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