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 establishing the fact of adoption
inheritance, inclusion in the mass of the succession,
recognition of property rights in inheritance under the law

DECISION
In the name of the Russian Federation
August 20, 2009. PM Moscow

Tushynskiy District Court of Moscow, including: the presiding judge - TG Ushakova, the secretary - Gnutov EM, examined in open court a civil case 2-0000/00 the suit Tatyana Orlova Olegovna to JP and LP Moscow, Russia IFTS 00 of Moscow to establish the fact of accepting the inheritance, inclusion in the mass of the succession, the recognition of property rights in order inheritance by law,

FOUND:

Auntie O. Orlova appealed to the court against the IFTS Russia 00 of Moscow, JP, and LP Moscow to establish the fact of accepting the inheritance her brother Orlov DO after the death of his stepfather Corokina OB in the form? share in the ownership of the apartment, located at: Moscow, Svobody, d.00, korp.0 Blvd. 00. With the adoption of the inheritance Orlov DO after the death of Sorokin's OB, plaintiff requests that your apartment in the estate, which opened after the death of her brother, DO Orlov, and to recognize her ownership of your apartment by way of inheritance by law. In support of the claim the plaintiff stated that the apartment is located at: Moscow, ul. Liberty, d.00, korp.0, kv.00 belonged by right of ownership Orlov SN, dead 00.00.2000 PM Heirs Orlov SN became her son Orlov DO and the spouse Sorokin OB, which in the statutory period applied to the notary public statements about the acceptance of the inheritance. However, the certificate of inheritance, DO Orlov and Sorokin OB not received. 00.00.2002 Sorokin OB died. His stepson Orlov DO continued to live in the disputed apartment, carrying costs on the content - of the estate, ie actually took possession of estates after the death of Sorokin OB 00.00.2008, the plaintiff's brother - Orlov DO died. After his death, Auntie O. Orlova asked the notary, a statement of acceptance of inheritance, however, to issue a certificate of inheritance, she was denied because of the inherited property is not defined.

In court, the representative plaintiff Stepanov AV, acting under power of attorney, supported the statement of claim in full, ask to meet them. The representative of the defendant JP and LP Moscow in the trial did not show up, informed, in a written statement to the court requested that the case in his absence, objected to the satisfaction of the claim (l.d.177). The representative of the defendant IFTS Russia 33 of Moscow in the trial did not show up, informed, no objection is submitted.

Court, after hearing the representative of the plaintiff having read the testimony of a witness Chekalin LA, surveyed materials civil case 2-3030/02 the suit Orlov DO to Sorokin OB on the topic of inheritance, inheritance matters to estate of the deceased 00.00.2000 Orlova SN, a copy of a case of hereditary estate of the deceased 00.00.2008 Mr. Orlov DO, examining written materials of the case, evaluating the evidence in the case in their totality, finds the claim to be satisfied for the following reasons.

The court found that the living room - bedroom apartment, total area of 52.4 sq.m., living area of 34.3 square meters, located at: Moscow, st. Liberty, d.00, korp.0, kv.00 - belonged to the right of ownership Orlova, SN in connection with the full payment of the unit in CAV "Aniskin (l.d.87), whereby 00.07.2000, it was granted a certificate of state registration of rights 77 NN 000000 (l.d.88).

As seen from the written case materials, 00.00.2000 Mr. Orlov, SN died (l.d.11). In the period prescribed by law the heirs of the first stage after her death - the son Orlov DO (L.d.8) and husband Sorokin OB (P. 10) - appealed to the notary Moscow Sibgatulin F, F. statements of acceptance of inheritance (l.d.73, 75). 00.08.2000, the notary Sibgatulin FF addressed Orlov DO has been notified that, pursuant st.532 and st.557 RSFSR Civil Code Article 34 SC RF it will be issued a certificate of inheritance by law on? share an apartment, and the spouse of the testator Sorokin OB - Proof of ownership as a surviving spouse to 1/2 share an apartment and a certificate of inheritance by law on? proportion of flats (l.d.90).

Not agree with this definition of the order of shares among the heirs, DO Orlov appealed to the court against Sorokin OB on the topic of inheritance. As seen from the civil case materials 2-3030/02 the suit Orlova ndy, to Sorokin OB Sharing the inheritance, a court decision on 00.07.2002, the present case was not reviewed in the order of Paragraph b st.221 GPK RSFSR. Under such circumstances, given that the size of shares in the hereditary property Orlov SN, defined by a notary Moscow Sibgatulin FF was not challenged by any of the heir, the court concludes that Sorokin OB after the death of SN Orlov became the owner of 3/4 share of the disputed apartment, taking into account the inheritance 1/4 share and 1/2 share of adultery, and DO Orlov accepted the inheritance of? share.

From written materials of the case shows that 00.00.2002 Sorokin OB died, as evidenced by a copy of the forensic record number 0021 from 00.00.2002, the (l.d.26). After his death, opened the inheritance in the form of 3/4 share of a three-room apartment, located at: ul. Liberty, d.00, korp.0, kv.00.

According to the extract from the house on the disputed apartment Sorokin OB 00.01.2002 PM left for Moscow State University DSZN Pension for veterans labor 00, located at: ul. Ostrovityanova, d. 00, korp.0 (l.d.12).

According to the notary Moscow Valuevo SY Probate case the property Sorokin OB did not open (l.d.121). The explanations should be representative of the plaintiff that Orlov DO actually received an inheritance after the death of Sorokin OB, because living in the disputed apartment, carrying costs on its content, ie actually took possession of the estate. By virtue of Art. 1145 Civil Code, if there are no heirs of previous releases, to inherit as heirs of the seventh stage of the law are encouraged stepsons, stepdaughter, stepfather and stepmother of the testator. Based on Part 2 of the Civil Code recognizes st.1153 until proven otherwise, that the heir has inherited, if he has committed acts which indicate the actual acceptance of the inheritance, in particular, if the heir came into possession or control of the estate, has taken steps to preservation of the estate, protecting it from encroachment or claims of third parties, made its own costs for the maintenance of the estate, paid his own expense debts of the testator or received from third persons the testator owed money.

By st.264 GIC, a court determines the facts upon which the emergence, change, termination of personal or property rights of citizens.

According Help CAV "Aniskin" from 00.00.2009, the plaintiff's brother Orlov DO until his death was registered and lived in the disputed apartment, paid utilities (l. d. 122). The fact that the expenditure on the content of the disputed apartment Orlov DO supported by the available in the case file receipts for payment of utility services for which payment was made in the period from April 2002 to October 2002 on time and in full (l.d.154-155).

For questioning in the hearing, the witness 13.05.2009 Chekalina LA, which is a neighbor Orlov DO, showed that Orlov DO is the son of Orlov SN and Orlov OI The plaintiff is the daughter of Orlov OI from his first marriage. In 1983, Orlov, SN entered into a marriage with Sorokin OB After her death in the disputed apartment had Sorokin OB and DO Orlov In the words DO Orlov the witness was aware that Sorokin OB died in a boarding school (l.d.158)

In such circumstances the court considers it possible to establish the fact of accepting the inheritance Orlov DO after the death of Sorokin ON. as 3/4 share a disputed apartment. From the written materials of the case I discovered that 00.00.2008 Orlov DO died (l.d.7). After his death, opened the inheritance in the form of three-room apartment, located at: ul. Liberty, d.00, korp.0, kv.00, given the fact that Orlov DO received an inheritance after the death of his mother Orlova SN as 1/4 share this living space, as well as actually received an inheritance after the death of his stepfather's Sorokina OB in the form? proportion of this dwelling.

Under st.1143 the Civil Code, if no heirs of the first stage, the heirs of the second stage of the law are full and half brothers and sisters of the testator. As seen from the written materials of the case, the plaintiff is nepolnorodnoy sister Orlov DO (L.d.8, 9). In the period prescribed by law the plaintiff appealed to the notary in Moscow Suchkov, VI a statement of acceptance of the inheritance after the death of Orlov DO (L.d.31).

Order dated 00.12.2008, the Auntie O. Orlova have been denied a certificate of inheritance after the death of Sokolov DO, because the composition of inherited property is not specified, the documents confirming the ownership of an apartment located at: ul. Liberty, d.00, korp.0, kv.00 not represented (l.d.67).

Taking into account the fact that Orlov DO received an inheritance after the death of Sokolov SN as 1/4 share a disputed apartment, and given the finding of acceptance of inheritance DO Orlov after the death of Sorokin OB in the form of 3/4 share a disputed apartment, the court considers valid to include two-bedroom apartment, located at: ul. Liberty, d.00, korp.0, kv.00 total area of 52.4 sq.m., living area 34,3 sq.m., in the estate, which opened after the death of Orlov DO, and recognize the plaintiff title to your apartment by way of inheritance by law.

By Art. 131 Civil Code ownership of the property subject to state registration in the unified state register of institutions of justice.

Based on the above, guided by Articles 193-198 GIC RF, the court

Decided:

Claims Tatyana Orlova Olegovna to JP and LP Moscow, Russia IFTS 00 of Moscow to establish the fact of accepting the inheritance, inclusion in the mass of the succession, the recognition of property rights by way of inheritance by law - to meet.

Set the adoption Orlov Denis Olegovich inheritance, which opened after the death of Sorokin Oleg Borisovich, who died 00.00.2002, at a 3/4 share apartment, located at: ul. Liberty, d.00, korp.0, kv.00 total area of 52.4 sq.m., living area 34,3 sq.m.

Include in the estate, which opened after the death of Denis Orlov Olegovich, died 00.00.2008 city, an apartment, located at: Moscow, ul. Liberty d.00, korp.0, kv.00 a total area of 52.4 sq.m., living area 34,3 sq.m.

Recognize the Orlov Tatiana O. ownership flat located at: ul. Liberty, d.00, korp.0, kv.00 total area of 52.4 sq.m., living area 34,3 sq.m., in order of succession in law 'after the death of Denis Orlov Olegovich, died 00.00.2008 PM

Decision may be appealed by the parties to the cassation to the Moscow City Court through Savyolovsky District Court of Moscow for 10 days.

 

Return to the list >>>

  Rambler's Top100