We work for you for 24 years!
Home page
Contact us
Map
   
 
Real estate holding
+7(495) 665-7777 (multiline)

      ENGLISH









Housing news
Analysis, opinions, forecasts
News of company
"Kamenny Poyas - Nedvizhimost"
News and developments

Court decision on the suit
to the tax service
Department ZhFiZhP Moscow and the claim of a third person with independent
requirements for recognition of ownership of the estate.

DECISION
In the name of the Russian Federation

December 24, 2008 Nikulinskaya District Court of Moscow, composed of Judge Diordievoy ON when the secretary Bukanova AS, examined in open court civil case number 2 - 4001\08 to claim St. Thomas Lyudmila Ivanovna to the Federal Tax Service Inspectorate 29 of Moscow and the Department of housing policy and housing of Moscow to recognize the right ownership of the estate to the claim of a third person with independent demands Ryzhkov Evgenia Petrovna of recognition of ownership of the estate

With the participation of third parties:

Notaries Moscow Guseva LS, Topoltsevoy NV Office of the Federal Registration Service for Moscow Office of the Federal Registration Service for Moscow region SUE DES district Ochakovo-Matveevskoe "

With the representative of St. Thomas LI - Stepanova AV with the representative Ryzhkov EP - Maslyukova KV

Established:

May 30, 1997 revealed an inheritance after the death of St. Thomas Talidy Vasilievna, who resided on the day of death to the address: Moscow, ul. Matveevskaya, Building 3 apartment 42, with her husband Ilya Fomin Library. Spouses Fomin married since 1956. Have the right of ownership land with the house, at the address: Moscow region, Orekhovo-Zuevsky area Vereiskaya rural settlement SNT Soyuz house 991 (right to property is decorated in the name of St. Thomas) and a flat, privatized spouses in common joint ownership of 42 houses 3 to st. Matveevskoy Moscow.

Hereditary cause to the property of St. Thomas TV not revealed.

March 28 2004goda opened inheritance after the death Fomina Ilya Vasilyevich, who lived at the address: Moscow, Matveevskaya, Building 3 apartment 42, on the day of the death of his wife Ryzhkov, HE A statement of acceptance of the inheritance to the notary Guseva LS asked Fomin Vladimir Ilyich - a son and Ryzhkov Eugene P. - wife.

Notary certificate of inheritance is not issued. June 2 2006goda opened inheritance on the death of Fomin Vladimir Lenin, who lived at the address: Moscow, ul. Lebedyanskaya D., 32, Apt. 370. A statement to the notary public on the adoption of the deceased husband's estate appealed, Lyudmila Fomina. Other heirs of the sons: Sergey Fomin and Fomin, Dmitry, a statement of acceptance of the inheritance his father not been accessed live at the address: Moscow street. Ozernaya house 19 k. 2 square. 75 (ie not with the testator).

Notary certificate of inheritance is not issued.

Fomina LI appealed to a court to determine that the estate after the death of her husband, consists of:

Apartment 42 house 3 str. Matveevskoy Moscow

Land area of 600 sq m, the cadastral number 50: 24: 005 June 1951: 0050

Garden house with a total area of 34.1 square meters, inventory number 191:060-9495X991

-Located at the address: Moscow region, Orekhovo-Zuevsky district Vereiskaya rural settlement, SNT "Union", a house 991.

Asks the court to recognize a property right in the order of succession to the property.

Claims are motivated by the fact that her husband Fomin VI has inherited the mother actually applied for a notary public after the death of his father. The claims are based on art. 1152.1153 Civil Code.

Ryzhkov Evgenia Petrovna, the wife of the deceased Fomina Ilya Vasilyevich (married to August 2, 2001) filed a separate claim and requested the court to recognize the right of property ownership:

1. Apartment 42 house 3 str. Matveevskoy Moscow

Land area of 600 sq m, the cadastral number 50: 24: 005 June 1951: 0050

Garden house with total area of 34.1 square meters, inventory number 191:060-9495\991 located at the address: Moscow region, Orekhovo-Zuevsky district Vereiskaya rural settlement, SNT "Union", a house 991.

Claims are motivated by the fact that the evidence that the son of Vladimir Fomin received an inheritance after the death of the mother is not available. IQ that Fomin VI applied for a notary public after his death does not have a hereditary cause. Fomin VI Succession in time is not accepted, and during the life of a statement on the restoration time of acceptance of inheritance is not addressed. Claimant Fomina the statement for relief not filed. Therefore Ryzhkov EP is the sole heir under the law of this inheritance. She asked the court to recognize the right of property after the death of her husband on his property. The claims are based on art. 1153 Civil Code.

In court, the representative of St. Thomas LI claims its doveritelnitsy fully supported. Claims Ryzhkov EP not guilty.

Representative Ryzhkov, HE claim of a third person has supported the claim Fomina LI not guilty.

Representative of the defendant IFTS 29 of Moscow and the Moscow representative of the defendant DZHPIZHF the court failed to appear informed.

Representatives of third parties in the court failed to appear informed. The court found it possible to consider the case in the absence did not appear before the persons under Art. 167 HPA RF.

Court, after hearing the representatives Stepanova AV and Maslyukov KV, examination of witnesses Matyukhina TI, examining the case materials, including copies of the hereditary cases, concludes that the claims of the plaintiff Fomtsnoy LI and a third person with independent demands Ryzhkov EP subject to partial satisfaction.

The following reasons:

Right to property that is claimed in full and Fomina LI Ryzhkov and EP, was owned by the spouses Fominykh. Because, no matter in whose name it was issued, was acquired during the marriage - in particular land and garden house. Therefore, this property is equally owned by both spouses (Art. 256 Civil Code, Art. 33-39 SC RF). The apartment was privatized spouses without determining shares, therefore, by law, the apartment belonged to them in equal shares (Art. 244, 245 GKRF).

After the death of St. Thomas TV legal heirs were two: a son and husband. IV Fomin received an inheritance after the death of his wife by virtue of living together in an apartment with the testator, in connection with which enjoyed the joint property after the death of his wife.

Court finds that St. Thomas LI proved that her husband, Fomin VI received an inheritance after the death of his mother in fact.

Thus, it is the plaintiff Fomina LI before receipt of pay 25 October 1997 (ie within six months from the date of opening of the inheritance) to account for the name of St. Thomas TV 000000 rubles to the account Horticultural Association "Union", located in Orekhovo-, Moscow region. Witness Matyukhina TN showed the court that she was on the land (country house) which went along with Fomin Vladimir and his wife in June 1997. father in the country was not. Vladimir greatly upset his mother's death, cared for her father. Heritage to discuss his son and his father was too busy.

Therefore, in determining the rights of the parties in the case of the property, the court assumes that the inheritance after the death of St. Thomas TV was taken by her husband and son, actually. Fomin Vladimir pay the costs of the property, watching the state of the land and homes. Reason not to trust the arguments of the plaintiff and the witness's testimony is not available.

Accordingly Fomin VI became the property of 1/4 share flats and 1/4 share of land and houses. After the death of

Fomina Ilya Vasilyevich, Fomin Vladimir Ilyich as the son turned to the notary, a statement of acceptance of inheritance within six months to 18 September 2004, (LD 47). Ryzhkov EP filed a statement of acceptance of the inheritance after the death of her husband on May 12 2004goda (LD 48). Both pointed to each other heirs, and both indicated as the estate apartment only 42 houses on the street 3. Matveevskoy Moscow. Ryzhkov EP lived with the testator ever, at the apartment at issue in 42 3 to st. Matveevskoy Moscow.

Under such circumstances, the arguments Ryzhkov, that there are no data on the adoption of the inheritance of the deceased's son, do not correspond to reality. Therefore, inherited after the death of Fomin IV be divided between two heirs in equal shares Ryzhkov EP and VI Fomin (Property is not married to Ryzhova EP).

Accordingly, 1/2 share and 1/4 percentage Fomina Ilya Vladimirovich in property in the form of flats and land with it is not located cottages (1/2 percentage Fomina initially by law; 1/4 by inheritance after the death of St. Thomas T . VI) to be divided between his son and wife of the testator in equal shares. Therefore, Fomin VI, on the right of inheritance after the death of his father passed 3\8 (half of 1/2 = 1\4 + half of the 1\4 = 1\8). Ryzhkov EP as heir after the death of her husband passed 3\8 (1/4 + 1\8).

Since Fomin VI inherit property the mother, that is, after her death, acquired the right to 1/4 share of the property, the share of Fomin VI definitely a 5\8 (3\8 after his father's death + 1/4 after the death of the mother) in the hereditary property after the death of both parents.

Since Fomin, VI during his lifetime, had to accept the inheritance of parents, it belonged to him on the day of his death, no matter what title to his name was not recorded during his life (Article 1152 Part 4 GKRF).

Plaintiff in this case Fomina LI as the heir of the testator Fomin VI, entitled to claim a property belonging to her husband acquired their rightful inheritance by law after the death of the mother and father.

Regard and stated the court recognizes Fomina LI ownership of a 5\8 share of the property, and for Ryzhkov EP - 3\5 shares of the estate.

Heirs did not put the issue of pre-emptive right to an indivisible thing (art. 1168 Civil Code) in the discharge decision, the court finds that the parties have the right to resolve the dispute over succession peacefully and in accordance with the law on property located in the common property. In addition, the court finds that the requirement on the part of the application of Article Ryzhkov. 1168 Civil Code was not wealthy, as its share in the hereditary property is less than the share Fomina LI Price of apartment 77 960 rubles 26k, which exceeds the value of the land 4288r.OOk. and cost of garden homes 20329r. 20k.

Based on the above, following the article. Art. 131, 209, 218, 244, 245, 256, 1100-1115, 1141, 1142, 1150, 1152, 1153, 1154, 1162, 1163, 1168 of the Civil Code, Art. 527-5560 RSFSR Civil Code, Art. Art. 1, 2, 5 of the RF Law "On Enactment of the third part of the Civil Code, Section 9 am to 2 tablespoons. 264, Art. 194-198 GIC RF

Decided:

Claims satisfy part.

Recognize the St. Thomas Lyudmila Ivanovna ownership through inheritance by law after the death of a spouse Fomin Vladimir Ilyich, who died June 2 2006goda, 5\8 (five eighths) of shares:

Apartment 42 house 3 str. Matveevskoy Moscow.

5\8 (five eighths) shares of the land area of 600 sq mi cadastral number 50: 24: 005 June 1951: 0050 and the garden house with a total area of 34.1 square meters, inventory number 191:060-9495\991, located address: Moscow region, Orekhovo-Zuevsky district, Vereiskaya rural settlement, SNT "Union", a house 991.

Recognize the Ryzhkov Yevgeniya Petrovna ownership through inheritance by law after the death of Fomin Ilya Vasilyevich, who died March 28 2004goda 3\8 (three-eighths) shares:

Apartment 42 house 3 str. Matveevskoy Moscow.

3\8 (three-eighths) shares of land 60 square meters. Cadastral number 50: 24: 005 June 1951: 0050 and the garden house with a total area of 34 square meters conditioned room 191:060-9495\991, located Address: Moscow region, Orekhovo-Zuevsky area Vereiskaya rural settlement SNT Soyuz home

Solution is the basis for changes in the Unified State Register of rights to immovable property and transactions with them.

Decision may be appealed to the Moscow City Court within 10 days of the Suhl solutions in final form by filing the appeal in Nikulinskaya District Court of Moscow

 

Return to the list >>>

  Rambler's Top100