How to file a claim
To protect your right to property, you must prepare and file a statement of claim. It can be presented in relation to any property - be it a car or a summer cottage.
This statement of claim is considered by courts of general jurisdiction and arbitration courts.
The basis of the claim is the demand of a certain person to confirm his ownership of specific property. As a result, for this person, a decision will be made in court to confirm the absence or presence of property rights.
According to the law, the plaintiff may present as evidence:
- Testimony of any witnesses.
- Legal documents.
- Other evidence that can confirm a person’s right to property.
Remember! If you have lost documents, filing a claim is the only way to obtain a certificate of ownership of the property.
Mandatory documents
So that the court, taking into account all the circumstances, can make a decision in a shorter period of time, the following must be attached to the statement of claim for recognition of inheritance rights by law:
- A notarized copy of the plaintiff’s passport;
- A copy of the application;
- Documents confirming relationship with the testator;
- A copy of the death certificate of the testator;
- Confirmation of the rights of a deceased citizen to the property left behind;
- Confirmation of the fact of acceptance of the inheritance by the plaintiff. This could be written testimony from neighbors if he moved into an apartment or house;
- A copy of the personal account;
- Extract on the cadastral value of real estate;
- A certificate from the house register, which indicates who is registered and lives in the apartment or house;
- Receipt for payment of state duty.
The procedure for considering a claim after filing an application with the court is provided for by the Civil Code of the Russian Federation. The consideration period will be no more than two months from the date of registration of the statement of claim in court.
How to prove the fact of acceptance of an inheritance?
Valid entry into inheritance rights requires documentary confirmation. Inheritance of property in fact must be carried out within a six-month period. The process can be documented using:
- Extracts from the housing office confirming accommodation;
- Extracts from cooperatives, dacha farms;
- Payment documents;
- Bank statements;
- Confirmation of property expenses;
- Receipts for receipt and payment of funds.
Any document must be drawn up in accordance with the established form, officially certified by the seal of the organization that issued it. Witness testimony is an added advantage.
You can confirm actual receipt from a notary, through state registration authorities, or through the court.
Reasons to go to court
A statement of claim for recognition of property rights by inheritance, a sample of which we will consider below, is submitted by the heir to the arbitration court at the place of residence of the testator or the location of his real estate. Regardless of who will be the defendant in this case, the court’s decision to formalize inheritance rights will depend on the evidence base of both parties. It is important to understand that defendants may not always be individuals. They can be government agencies and legal entities whose rights are affected by this dispute.
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In a claim for the right to receive an inheritance according to the law, all citizens who are heirs should be mentioned, regardless of the presence of a will or its absence. As practice shows, the most compelling reasons for going to court are:
- Unlawful refusal on the part of the notary's office to formalize the receipt of an inheritance by law or by will;
- Expiration of the period for acceptance of inheritance;
- Errors or inaccuracies in papers regarding inheritance;
- Contesting a will;
- Violations of the rights of incompetent and minor persons;
- Other reasons.
