In what cases can you challenge a deed of gift for an apartment and how to sue the property, including during the life of the donor?

Disputes that arise between relatives and spouses most often occur during the division of property or real estate - these are the realities of modern life that cannot be avoided. Anyone who faces a similar problem wants to find a legitimate piece of housing - this is a normal desire. The article will help the reader understand the key aspects of the correct approach when dividing an apartment between loved ones and spouses.

Ways to resolve conflict

A verbal agreement is a simple way to solve the current problem. With this option, there is no need to go to the courts; it is enough to visit the office of a notary, who will formally record the peaceful agreement of the spouses on paper. But as practice shows, this can be achieved extremely rarely. In difficult situations, it is necessary to go to court.

In order for the procedure to go smoothly, it is worth preparing for it properly. A family law lawyer knows how to win an apartment competently. At the initial stage of work, he will draw up a correct statement of claim, send it to court, and tell you what measures to take next.

After the meeting, you will be assigned a portion of the property that will be presented in kind or as monetary compensation. The outcome of the hearing depends on the work of the lawyer and the arguments presented in court.

Is it possible to take an apartment away from the owner for debts?

Alexey Komarov, a member of the Notary Chamber of St. Petersburg, a member of the Russian Lawyers Association, believes that this is an absolutely correct semantic interpretation of the law, which in practice will not lead to any complications.
but perhaps this decision can complicate the process of entering into an inheritance if the heirs were indicated in the will drawn up before the seizure of the property? “sp”: — then can we say that this decision has some positive aspects for ordinary citizens? practice on this issue is different everywhere, it all depends on the amount of the debt, because according to the law, if the amount of the debt is not commensurate with the amount that will be received from the sale of the residential premises, then foreclosure on the residential premises is not applied. for example, the amount of debt is 200,000 rubles. and the apartment costs 1,500,000 rubles, in this case there is a high probability that foreclosure on the residential premises will not be made.

How to sue for an apartment during a divorce

In judicial practice, episodes are more often observed when spouses want to sue for an apartment. Nobody wants to make concessions, everyone is thinking about how to win a share in the apartment or, better, become the sole owner.

Statistics say that issues regarding the peaceful resolution of conflicts between spouses are most often not resolved and the separation process occurs through the courts. There are exceptions to the rules, but such situations are extremely rare. According to the article of the family code, the category of common property includes absolutely all belongings earned during marriage. It doesn’t matter who the apartment is registered to, all parties have equal rights. It doesn’t matter whether the spouse worked or did household chores or raised young children. Therefore, in order to sue the entire apartment in a divorce, it is necessary to provide compelling arguments about the need for sole ownership of the property.

Is it possible to seize a land plot from the owner?

1. A court decision to seize a land plot for subsequent sale at public auction, if the owner has a large debt, especially if it is a debt to the state. Bailiffs can seize land and also foreclose on it at the stage of enforcement of court decisions.
2. Requisition may be carried out against it if emergency circumstances occur in the territory where it is located. They can be military actions, natural disasters of varying severity, man-made and other disasters. All of the above situations make it possible to take away land from any persons in order to eliminate emergency circumstances and to protect the population.
3. The use of such penalties as confiscation. Confiscation is applicable to both movable and immovable property of a person who has committed a serious crime and can only be applied as a punishment by a court.
4. Redemption for municipal and state needs. In fact, this is not exactly a seizure, but rather a coercion into a purchase and sale transaction. At the same time, the value is determined by the owner, so by and large he loses nothing, and sometimes gains a lot, since such lands are often purchased at a price higher than the market value. At the same time, municipal and state needs can be understood as a variety of issues - from the laying of a railway and the construction of a gas pipeline to the construction of technical structures.
5. Removal of areas that are not being used properly or in accordance with the permitted use. There are two reasons for withdrawal in this category.

• The owner of the site does not use it for its intended purpose for three years or more. That is, if the land was, for example, agricultural, but he did not want to grow anything on it. It may happen that intended use was impossible due to certain circumstances, but this does not relieve the owner of responsibility. When land is abandoned, it falls into disrepair. This can be determined by certain indicators in soil analysis. The presence of weeds, bushes, trees and other signs can also serve as confirmation. In this case, the municipal authorities will seize the site.
• Inadequate use of land. This may be considered to be a use that has resulted in deterioration of the soil, a decrease in fertility or a deterioration of the environmental situation. It doesn't matter what actions caused it. The state has the right to take away a plot of land even if the owner tried in good faith, but due to ignorance or carelessness his efforts led to a bad result. Even the period during which the owner used the land properly is not considered as mitigating circumstances.

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Land owners often have a question: can a person’s owned land plot be taken away from them? It is impossible to answer it unequivocally and briefly. From the point of view of the current legislation of the Russian Federation, no one can take property without compelling reasons. However, situations are different. According to the law, rights to land in the Russian Federation can be expressed in different ways:

An example of dividing a privatized apartment during a divorce

A woman asked for advice with the following question: my husband and I have been legally married for 6 years. During this time, the husband bought an apartment and a car, and registered everything in his own name. During this period I did not work, I was raising children. Recently he said that he wants to divorce me because he has found a new woman, can I sue the privatized apartment or part of it?

In such a situation, you have every right to sue ½ share of the privatized apartment, since it was bought in a legal marriage. Caring for young children and a home is a valid reason. Regarding the car, you have every right to demand compensation for your share in this property.

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Can they take away an apartment for debts?

Can a bank take away an apartment for debts on consumer loans? It seems not, but with some reservations - it is prohibited to take away a citizen’s last home. That is, the owners of two or more apartments may well part with the “extra” living space in the event of malicious non-payment of loans. But it is worth considering the proportionality of the amounts - if your debt is only 100-200 thousand rubles, and the apartment is valued at several million, then the bailiffs have no right to seize it for debts on a bank loan - its price is many times higher than the value of the debt.

• essentials;
• tools, equipment and machines used to obtain official income of the debtor;
• residential premises that are the only housing, with the exception of mortgaged living space;
• land plots, which are also the only place of residence;
• livestock if raised for personal purposes;
• cash and products in an amount not exceeding the subsistence level;
• adaptations necessary for people with disabilities;
• prizes and awards.

How to sue a privatized apartment

The principle of equal rights of shares can really be relegated to the background if:

● the spouse did not work without a good reason;

● the fact of irrational waste of funds has been proven, causing harm to family interests;

● after the divorce process, the children remain with the spouse, then most of the property is assigned to her.

There are situations when one of the parties to the conflict asks the question: is it possible to win the entire apartment and become the sole owner of the property. Such a desire is provided for by the law of our country. This outcome of events is quite possible if:

● the apartment was purchased before legal marriage;

● the property was acquired as a result of privatization before marriage;

● one of the parties inherited the apartment from relatives;

● the property was purchased for children and there are all documents confirming this fact.

Even if the court decided to give ownership of the apartment to one of the spouses, the other has the opportunity to live in it for a certain time. Provided that he does not have the money to buy or rent another home.

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You can receive monetary compensation if your spouse can prove that his personal funds were spent on maintaining the apartment. To do this, you will need to present checks, receipts for payment for services or purchase of equipment. If the court decides that the arguments provided are sufficient, the apartment will be considered joint, as a result of which it cannot be completely condemned.

Why can they now take away their only housing starting from 2020?

In 2020, the Russian population was extremely concerned about one of the projects that concerned debtors to banks. Some officials advocate that it be possible to take away the only housing if there are debts. True, a number of conditions are put forward for such a situation.

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When buyers for the property are found, the minimum amount for the purchase of a new home, determined by the court, goes to the debtor’s bank account. These funds should be used to purchase new real estate. In a situation where the debtor wants an apartment that is more expensive than the amount he has, he can take out a mortgage.

how to win a share in an apartment after its privatization

Privatization is a type of transaction according to which property owned by the state is transferred into the ownership of a certain citizen. You can use the service once.

It will be more difficult to sue a privatized apartment than a state-owned one only if the procedure was carried out before the marriage by one of the spouses. Privatized real estate is not subject to division, but can be bequeathed by inheritance. If there were two people at the time of privatization, then they are considered equal owners. If there are other relatives or children registered in the apartment, when the property is divided, all residents will get their own part. Without the consent of these persons, it is prohibited in the future:

● draw up a deed of gift, bequeath real estate;

● deprive one of the family members of the right to property;

● draw up a purchase and sale agreement.

Summing up, we conclude that it is better to win an apartment in a privatized apartment during a divorce through peaceful means. It is enough to correctly draw up the appropriate package of documents. If it is not possible to resolve the conflict peacefully, you need to find out how to cancel your share in an apartment in court, what documents will be required for this, and what are your chances of winning. Only a specialist can deal with all these issues.

If the apartment is municipal and the husband is the tenant

Unfortunately, this relic of Soviet times still survives in Russian cities.

In the case under consideration, the spouses are not the owners of the premises, but live on the basis of a social tenancy agreement. The owner of the living space is usually the state.

Based on this, the people living in it cannot dispose of (sell or divide) this property. What can be done in such a situation?

First of all, the family must be registered in the apartment, since only this basis gives the right to carry out any manipulations with the housing.

The first way out is to exchange the premises for two smaller ones that have the same legal status. This is problematic to do, and besides, the apartment must consist of several rooms in order to change it into two.

The second way is usually the most effective - to take part in privatization. Both husband and wife must participate in this procedure.

Who can you sell your share of the apartment to?

If a co-owner of an apartment intends to sell his share, then the pre-emption rule must be followed. This requirement is contained in Art. 250 Civil Code of the Russian Federation. This provision provides that when selling a share, the owner must notify the other co-owners in writing about the upcoming transaction. It is necessary to indicate in the letter the terms of sale and price.

The co-owners have one month to think about it. If none of them wants to purchase part of the apartment, then the owner can sell it to any other person.

The rule of first refusal cannot be ignored. If you do not inform the co-owners about the sale of the share, the case may end in court. Co-owners can file a claim within three months to transfer the rights and obligations of buyers to them. In this case, the court will cancel the original transaction, and the primary buyer will lose the apartment.

Donation of an apartment in a building under construction

It happens that you have to donate an apartment when it is still under construction and all the documents for it are only an agreement with the developer.

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Since the apartment as a piece of real estate does not yet exist, a classic deed of gift cannot be drawn up here, and therefore the donation is formalized by an assignment agreement (the customer cedes to his donee the right to demand the apartment from the developer).

However, such a donation of an apartment will not protect against the claims of the spouse, and in the event of a divorce, he can sue his half.

The fact is that the courts do not recognize the assignment agreement as a gratuitous transaction, even if it does not mention either a sum of money or any other consideration from the other party.

The law does not classify assignment as a gratuitous transaction - therefore, the general rule applies: property acquired during marriage becomes the joint property of the spouses.

How to legally take land from the owner

The second information “bomb” was Federal Law No. 499-FZ, signed by the president, which defines a new procedure for the seizure of private real estate for state and municipal needs (GMN). Federal legislation, recognizing the possibility of seizure of land plots to meet state and municipal needs, thereby established the priority of the public over the private. This happened for the first time in the entire post-Soviet history of Russia, in which the cult of private property has been professed for the last quarter of a century. Does this mean that now, if a local municipality or rural administration wants to build a road from the regional center to the village or from the office to the farm, they can do this through the plots of a nearby dacha cooperative or farmers' fields?

— We were contacted by a reader of “RP”, who legalized an additional section under the “dacha amnesty”, along which, as previously assumed, the intra-village road should have passed. Now the local administration has returned to this topic, and the woman was offered to sell the land at cadastral value. She doesn’t agree and asks if these hundreds of dollars can be taken away from her by court decision?

Alienation of a share: voluntary, by court, sale of a part

The second point is the basis for acquiring ownership rights to a share. If the basis was a purchase and sale carried out in compliance with all legal requirements, then the share is unlikely to be considered insignificant.

According to Art. 35 of the Constitution of the Russian Federation, no one can seize property without a corresponding court decision. In this case, other shareholders have only one chance - forced redemption. If the court finds that your share in the common property is insignificant, the property may be seized. In such a situation, you will receive compensation equivalent to the value of the share.

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Main factors when resolving the issue

What exactly are we talking about? If you are wondering how a father can take a child from his mother, he will have to try hard. After all, the judicial authorities will primarily protect the interests of the minor. It follows that if living with dad will cause more harm to the baby than with mom, you can forget about bringing the idea to life.

Among the factors that are taken into account by the court are:

• age of the minor;
• interests of children;
• Juvenile attachment;
• personal qualities of both parents;
• parents' education and upbringing;
• material and living conditions of the parties.

In addition, judicial authorities are required to ask the child’s opinion regarding who he wants to live with. To do this, the minor must be 10 years old.

When can you leave your child with dad?

How can a father take a child from his mother? In Russia, doing this is very problematic. There are a number of reasons why you can make your goal a reality. There aren't very many of them. In addition, the existence of one or another reason for leaving the child with the father must be proven. We need irrefutable evidence. Without them, you can forget about implementing the task.

Thus, if a father wants to take a child from his mother, he must prove the presence of one or more factors:

• the mother of the minor is an alcoholic or drug addict;
• Mom has a mental illness;
• the mother is not interested in the child and his life;
• a minor often stays with a nanny or grandmother;
• The baby himself wants to live with his dad.

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In addition, the mother's wild lifestyle may become the basis for the child to stay with the father. The only problem is proof of mom's dishonesty.

Tips on how to behave for a father who wants to fight

As we promised in the introduction to this article, we suggest that you familiarize yourself with 7 recommendations for protecting your own rights. They relate to both the judicial procedure for determining the place of residence of the child with the father, and actions before it.

Tip 1. Gather all the necessary documents

They must confirm their level of income, as well as the availability of comfortable conditions for the further raising of children.

Examples include:

• certificate in form 2-NDFL;
• documents for the apartment;
• information from the housing office or management company regarding the area of ​​the apartment and the composition of people registered there.

It is advisable to provide the court with medical certificates confirming the absence of chronic diseases and addictions, such as alcoholism or drug abuse.

For the court, written characteristics of the father from his place of residence and work will be of interest as evidence.

Tip 2. Establish contact with guardianship authorities

It is especially useful when the child’s father wants to take the child for himself due to deprivation of the mother’s parental rights. The above applies to cases where a woman dies or is declared incompetent.

The guardianship authority will most likely participate in the upcoming trial. Therefore, it is important to coordinate your own legal position with him.

In addition, the guardianship service can examine the father’s living conditions and, based on the results, provide the court with an opinion on the advisability of transferring the child to him.

Tip 3: file a claim to determine the child’s place of residence

Such a claim can be filed in court after a decision has been made to leave the children with their mother. The subject of the request is a request to review the verdict. In this case, any request must be documented. The court is obliged to consider such a request, regardless of the outcome of the previous proceedings.

Tip 4: Gather evidence of your own involvement in raising your child

If the father continues to participate in the child's life despite the fact that he lives with the mother, it is necessary to collect and present evidence of this fact. Confirmation can be checks and receipts indicating the purchase of clothes, toys and household items for the child.

It is better to make financial support through electronic payment systems. They contain a transaction history that may provide evidence that the father provided financially for the children.

Audio and video materials, as well as testimony of third parties, for example, teachers, educators, neighbors, are accepted as evidence.

Tip 5: Aim for a signed agreement

Significantly simplifying the entire procedure will help draw up an individual agreement. Such an agreement can be drawn up by the spouses independently. On its basis, the father may be able to live with the child periodically or permanently.

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If the mother subsequently wants to limit the children's contact with the father, the agreement can be used in court as an argument to refute her wishes.

Tip 6: Get qualified legal support

An additional guarantee of success in proceedings regarding children can be the support of a qualified lawyer. He will help collect all the necessary papers, point out the missing links in the case, and will be able to speak in court on behalf of the father.

When using the services of a legal representative, his authority should be confirmed with an appropriate power of attorney. This is mandatory for the court

Tip 7: Maintain regular contact with your child

The child’s relationship with his father is also important. If he has reached the age of consent, then his opinion can be taken into account by the court. In order for a child to be loyal to the issue of living with his father, it is necessary to fully participate in his life. To do this you need to establish good contact with him.

You should avoid putting pressure on the child. If this fact is revealed during the proceedings or after it, the decision may be annulled and the father will be held accountable.

The deed of gift was canceled by the court

The gift agreement is more vulnerable compared to other transactions - the reason is its gratuitous nature.

If the spouse proves that the apartment was not actually given as a gift, but was sold to another spouse, then all the consequences of the compensated transaction will apply - incl. and recognition of property as joint property.

Of course, it is quite difficult to prove this, but there is a theoretical possibility: for example, a spouse lent a large amount of money on a receipt, and in exchange for the debt he was given an apartment.

Thus, donation is not always a panacea for the property claims of the second spouse in the future.

Algorithm of actions

It is worth recalling that the best solution to the issue would be an agreement between relatives. But in practice, a fairly small percentage of people arguing about the right to property come to an agreement.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call:

• Moscow.
• Saint Petersburg.
• Regions: 8 (800) 600-3617.

• The first step is to determine the value of the share with the help of appraisers or by calculating the real market price.
• Then all copies of documents required for the court are collected.
• If there are justifications for uneven distribution, they are also presented in court. For example, birth certificates of children, as confirmation of their minority.
• A technical examination is being carried out to determine whether it is actually possible to allocate part of the living space.
• With the help of a lawyer, a statement of claim is drawn up and the cost of the claim is determined.
• Depending on this value, a duty is paid to the state treasury. The originals of the claim and receipts for payment are provided to the court. The court, at the request of the plaintiff, may allow payment of the duty in installments, defer it for a while or reduce the amount.
• If the claim is accepted for consideration, the plaintiff will be notified in writing. He is obliged to attend all meetings and defend his rights. The result of the process will be the allocation of living space or monetary compensation if it is impossible to provide it.

According to Art. 333.19 of the Tax Code of the Russian Federation, the cost of a claim may be:

• 4% (not less than 400 rubles) for a share value of up to 20,000 rubles;
• 3% plus 800 rub. – from 20,001 to 100,000 rubles;
• 2% 3,200 rub. – from 100,001 to 200,000 rubles;
• 1% 5,200 rub. – from 200,001 to 1 million rubles;
• 0.5% RUB 13,200 (no more than 60,000 rubles) – from 1 million rubles.

Payment of the fee is made by the plaintiff. The technical examination must be paid for by the defendant. But if the latter refuses, payment may be made by the plaintiff. Legal costs are paid by the losing party in court. The amount includes attorney fees and consulting services.

The size of the amount largely depends on the number of meetings and examinations (for example, 22,000 for five meetings)

Is it possible to sue an inheritance after 5 years?

» Receipt of property September 03, 2020

How to sue an inheritance

Find out all the circumstances of the case: what size of property was discussed, whether your deceased relative’s apartment was privatized, whether he made a will. All this data will help you understand whether you are entitled to any part or not. It is better to collect all the necessary data and seek legal advice. Inheritance issues are a rather complex matter, with many nuances. It will be difficult for an unprepared person to understand.

Find out how the inheritance procedure will take place: according to the inheritance law or according to a pre-drafted will. If we are talking about an unfair will, draw up a statement of claim and submit it to court. In the application, indicate on the basis of which you believe that you have the right to a part of the inheritance. According to the law, in any case, direct relatives become heirs if they are minors and disabled. Also, in any case, the disabled spouse and parents of the heir have the right to receive part of the inheritance.

You can try to challenge the last will of the deceased if you can prove that at the time of writing the will he was incompetent, that is, the document was written independently of his will. This can be done using the medical record of the dying person, which reflects his condition. If he was mentally ill, then you will need to take a certificate from the psychiatric department that your relative was registered and could not be held responsible for his actions.

If there is no will at all, inheritance is carried out in the following order: the heirs of the first stage are the spouse, children, and parents of the deceased, the heirs of the second stage are grandparents, as well as brothers and sisters, nephews and nieces, the heirs of the third stage are uncles and aunts plus cousins. brothers and sisters. Since no will was drawn up, the closest relative receives the inheritance. If, for example, the deceased had both a son and a daughter, then the inheritance is divided in half, and if there are several children, then into equal parts according to their number. Proving that you are owed a large share is almost impossible.

Posted by Absent

I understand that I must have it. those. The father's share must be inherited between the wife in the second marriage, daughters and daughter from the first marriage... 1/8 of the property.

I'm right. Thank you!

Good afternoon, dear Absent! Why 1/8 of it? The entire inheritance between 4 heirs must be divided equally, i.e. 1/4 of each. You are right, theoretically, but where were you before? deadlines have passed. not knowing about the death of the father will not be a valid reason. And the inheritance is distributed equally among the heirs who accepted it. acc. with the norms of the Civil Code:

Article 1270. Lines for accepting the slaughter 1. For accepting the slaughter, a line of six months is established, which begins at the hour of the slaughter.

Article 1272. Inheritance of the missing line for the acceptance of the slaughter 1. If the holder extends the line established by Article 1270 of this Code, without submitting an application for the acceptance of the slaughter, he is deemed to have not accepted it. 2. For the letter of the squatter, who have accepted the squatter, the squatter, who has missed the lines for accepting the squatter, can submit an application for acceptance of the spadshchina to the notary's office at the place of acknowledgment of the squatter. 3. Upon the request of a person who has missed the lines for accepting the death for an important reason, the court may assign additional lines sufficient for him to submit an application for accepting the death.

For personal advice on legal issues, please contact: ️: +38 ️: +38 :

Posted by Absent

Why were the deadlines missed? The daughter from her first marriage lives in another city, in the regional center. Her mother lives in the region, in the same city as her ex-husband’s family. No one reported his death to anyone. His mother found out about his death by chance 5 years later. After the divorce they did not communicate. Is it possible to ask the court to restore the deadline for accepting an inheritance under clause 3 of Art. 1272 of the Civil Code for this reason.

You can ask. But. The court may point to

Article 172 of the Investigative Committee of Ukraine. The obligation of children, full-age daughters and sons to talk about their fathers

where does it say that

1. The child, a full-year daughter, is always talking about her father, showing concern for them and giving them help.

Is it possible to sue an inheritance if there is a will?

As you know, a will provides for complete freedom of disposal of property in the event of death. To whom and in what quantity to bequeath is decided by the owner of the property.

But family members - husband or wife, children, parents, sisters and brothers - do not always agree with his decision. Especially if, in the absence of a will, they would receive the property of the testator. They have a reasonable question: is it possible to sue an inheritance?

It turns out that the law provides for such a possibility - through the court.

But we should immediately warn you that it is far from easy to litigate an inheritance in the presence of a will. The legislation of our country, like other civilized countries, protects the right of a dying citizen to dispose of property at his own discretion. And only violations of the law can serve as grounds for going to court. Let's look at how you can sue an inheritance if there is a will.

Mandatory share in inheritance

Sometimes the testator intentionally or inadvertently deprives the closest family members of their inheritance - husband or wife, children, parents. There's nothing you can do about it.

But if these family members are minors or disabled (retired or disabled), they have a mandatory share in the inheritance. Yes, this share will be small - only half of the share they would have received in the absence of a will. But still better than nothing?

So, minors and/or disabled children, disabled parents, the husband/wife of the testator can sue for part of the inheritance if the will violates the right to an obligatory share.

Unworthy heirs under a will

The basis for going to court may be not only an illegal will, but also illegal actions of the heirs under the will.

The court may recognize the heir as unworthy and deprive him of his inheritance (by will and by law) if he has committed the following actions:

• A criminal offense against the testator and/or heir, which is confirmed by a court verdict
• Moral pressure on the testator and/or heirs, exerted in order to take full possession of the inheritance or increase their share in the inheritance
• Failure to fulfill or improper fulfillment of the obligation to support the testator assigned by law (for example, if the heir was appointed guardian of the testator and was obliged to pay alimony to the testator)
• Failure to fulfill parental responsibilities towards his child (now the testator), as a result of which he was deprived of parental rights.

As mentioned above, in order to recognize the heir as unworthy and win the inheritance, you need to go to court.

The statement of claim must state the circumstances of the case and attach documents confirming the grounds for such an appeal (for example, a court verdict for committing a criminal offense, a court decision on deprivation of parental rights, evidence of moral pressure on the testator and/or heirs - recordings of telephone conversations, letters, witness's testimonies). Read more about filing a claim and a sample for downloading below.

If the court's decision is positive, the inherited property, which was taken by the unworthy heir, will be transferred to the legal heirs. To do this, you must submit a court decision to a notary office.

Invalidation of a will (in whole or in part)

A will is not a suicide note that can be written on a piece of paper with a simple pencil. This is an official document that must be drawn up in accordance with legal requirements. Moreover, the requirements apply to both the form and content of the document. If a will does not comply with the requirements of the law, it may be invalid.

On what grounds can an inheritance be sued?

According to Articles 168-179 of the Civil Code of the Russian Federation, a will can be declared invalid (in whole or in part) if...

• Contradicts laws and regulations
• Pursues the goal of disrupting law and order and morality
• Imaginary (drawn up only “for appearance’s sake”) or feigned (drawn up to cover up another transaction on different terms)
• Compiled by an incapacitated or partially capable person, as confirmed by a court decision
• Compiled by a minor who has not acquired legal capacity in accordance with Articles 21 and 27 of the Civil Code of the Russian Federation
• Compiled by a person who did not realize the meaning of his actions in connection with a painful condition, the influence of potent medications, drugs, psychotropics, alcohol
• Compiled in a state of delusion
• Compiled under the influence of threats, deception, physical or mental violence
• Compiled under unfortunate circumstances.

In addition, a will may be invalidated if...

• drawn up with gross violations of the form - without indicating the date and place of composition, without the testator’s signature
• not certified by a notary or an authorized official
• compiled by a group of people
• drawn up by the testator's representative
• compiled under emergency conditions in the absence of witnesses
• a closed will was handed over to a notary in the absence of witnesses
• the closed will was drawn up without reason - in the absence of extraordinary circumstances.

This is not a complete list of grounds for invalidating a will. If the heirs have suspicions that there have been other violations of the law not listed above, they have the right to go to court, have the will declared invalid (in whole or in part) and sue the inheritance.

How to sue an inheritance? Order

Let's take a closer look at the procedure for going to court - who can sue an inheritance, where to go, how to file a claim, what documents to present to the court.

Who can sue the inheritance?

If a will has been drawn up, according to which the legal heirs are deprived of inheritance (in whole or in part), they have the right to apply to the court.

The legal heirs of the first priority are the husband or wife, father and mother, sons and daughters of the deceased. If there is no legal heir of the first stage, the heirs of the second stage have the right to go to court. And so on.

Do not forget about the testator’s dependents, who have the right of inheritance at the same time as the legal heirs - they can also file a claim in court.

Where to contact?

To sue an inheritance, you need to go to a city or district court. The defendant is the heir who received the inheritance under the will - at his place of residence and the claim is filed.

How to file a claim?

The statement of claim is drawn up according to the rules of civil procedure.

The document consists of the following parts:

1. Introductory part:

1. Main part:

1. Grounds for going to court:

1. Reference to legislative norms confirming the right to go to court on these or other grounds
2. Request to the court:

1. List of attachments – documents and other evidence
2. Plaintiff's signature
3. Date of.

Documentation

It is difficult to list absolutely all the documents that may be required when going to court. Basic documents. which are attached to the claim:

Additional documents are submitted depending on the circumstances of the case. It can be:

statement of claim

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Elena Sysoeva June 10, 2011

My mother was deceived by her relatives. In 82, her grandmother died, from whom she left a house with land (near the city of Serpukhov). Mom was 22 years old at the time of my grandmother’s death. The mother's father, that is, the grandmother's son, was already dead at that time. Two aunts and an uncle deceived my mother and said that during her lifetime my grandmother wrote a will in which she bequeathed everything to her daughter - my mother’s aunt - Aunt Nyura, and Nyura’s brother and sister confirmed this. They gave mom 200 rubles. and they said that grandma had some money left over and they divided it equally. At that time, my mother had a five-month-old baby in her arms, whom she was breastfeeding, and of course she didn’t go to any notary, but to be honest, she didn’t have any doubts about the words of her relatives. If before that my mother lived in this village for 3-5 months a year, then after my grandmother’s death they stopped letting her there at all, probably they were afraid that she would find out something. Yesterday (almost 30 years after this), my mother, in a casual conversation with her relative (also the granddaughter of a deceased grandmother and the daughter of an uncle), learned from her that there was no will, and her father and his brother and sister divided the land with the house into three. What laws were in force at that time, could my mother, by presentation as the daughter of a deceased heir of the first priority, claim a legal share in the inheritance? If so, is there a chance to sue this share now, what to do with the statute of limitations, it is counted from the moment we learned about the inheritance or, after all, from the age of 82. Will it be possible to prove this in court? We are also looking for a competent lawyer on this issue. (we are in Moscow) Post edited by Elena Sysoeva: June 10, 2011 - 11:17

sya-aku Jun 11, 2011

She did not have the right to represent - according to Art. 532 of the Civil Code of the RSFSR, these included only the grandchildren and great-grandchildren of the testator. The provisions on nephews were introduced by EMNIP in mid-2001, exactly on the eve of the entry into force of Part 3 of the Civil Code of the Russian Federation. So say thank you to your relatives for 200 rubles, which, generally speaking, you were not entitled to.

I hope that I saved you several tens of thousands of rubles on the services of a competent lawyer on this issue)

Alderamin 12 Jun 2011

My mother was deceived by her relatives. In 82, her grandmother died, from whom she left a house with land (near the city of Serpukhov). Mom was 22 years old at the time of my grandmother’s death. The mother's father, that is, the grandmother's son, was already dead at that time. Two aunts and an uncle deceived my mother and said that during her lifetime my grandmother wrote a will in which she bequeathed everything to her daughter - my mother’s aunt - Aunt Nyura, and Nyura’s brother and sister confirmed this. They gave mom 200 rubles. and they said that grandma had some money left over and they divided it equally. At that time, my mother had a five-month-old baby in her arms, whom she was breastfeeding, and of course she didn’t go to any notary, but to be honest, she didn’t have any doubts about the words of her relatives. If before that my mother lived in this village for 3-5 months a year, then after my grandmother’s death they stopped letting her there at all, probably they were afraid that she would find out something. Yesterday (almost 30 years after this), my mother, in a casual conversation with her relative (also the granddaughter of a deceased grandmother and the daughter of an uncle), learned from her that there was no will, and her father and his brother and sister divided the land with the house into three.

She did not have the right to represent - according to Art. 532 of the Civil Code of the RSFSR, these included only the grandchildren and great-grandchildren of the testator. The provisions on nephews were introduced by EMNIP in mid-2001, exactly on the eve of the entry into force of Part 3 of the Civil Code of the Russian Federation. So say thank you to your relatives for 200 rubles, which, generally speaking, you were not entitled to.

I hope that I saved you several tens of thousands of rubles on the services of a competent lawyer on this issue)

Nahhh. sya-aku hasn’t appeared here for a long time, apparently, that’s why she decided to mark her appearance with a pearl of enchanting proportions. What kind of state did you have to put yourself in so as not to understand that if the grandmother died, then we are talking about the granddaughter of the testator, and not about the niece.

What laws were in force at that time, could my mother, by presentation as the daughter of a deceased heir of the first priority, claim a legal share in the inheritance?

If so, is there a chance to sue this share now?

There is always a chance.

what to do with the statute of limitations, it is counted from the moment we learned about the inheritance or, after all, from the age of 82.

From the moment when a person learned or should have learned about a violation of his rights.

Will it be possible to prove this in court?

First, what is it? Secondly, do you think your more than brief story allows you to give answers to such questions?

We are also looking for a competent lawyer on this issue. (we are located in Moscow)

1) How will you determine whether he is literate or illiterate? 2) If you find it, please PM me the coordinates.

sya-aku Jun 12, 2011

Nahhh. sya-aku hasn’t appeared here for a long time, apparently, that’s why she decided to mark her appearance with a pearl of enchanting proportions. What kind of state did you have to put yourself in so as not to understand that if the grandmother died, then we are talking about the granddaughter of the testator, and not about the niece.

Ahhhh. yeah cool. For some reason I was sure that we were talking about my niece - apparently the presence of aunts and uncles confused me. Then there are some theoretical chances, for example, if in court regarding the legal fact of accepting an inheritance, one of the relatives declares that 200 rubles were transferred from the grandmother. But you just need to decide whether the game is worth the candle, because in essence you will be fighting for a quarter of a house in a village with a plot of land. And then, there is still a question about the latter, because in 1982 there were still almost 10 years left before land ownership. We need to look at what kind of house there was - a housing cooperative, not a housing cooperative, which, in fact, is written in the certificate of inheritance, if one was issued at all. In those days, inheritance of such things often took place through entries in garden books. You would start by finding out who currently owns the house and land.

sya-aku Jun 12, 2011

How do you imagine establishing the fact of acceptance of an inheritance in court - the meaning of the fact is that the heir considers the inherited property to be his own and, in accordance with Article 249 of the Civil Code, is obliged to participate in the payment of taxes and costs for its maintenance and preservation - with a medical fact: applicant 30 for years he did not participate in the costs of maintaining his (?) property.

The heir accepted the inheritance, accepting part of it. But he did not suspect the existence of other property included in the inheritance mass. At the same time, other heirs may file a claim against him for reimbursement of maintenance expenses within the limitation period. I just recently had a similar case - my granddaughter didn’t know about her grandmother’s death for 17 years, living in another city, and ended up suing half of her one-room apartment in Moscow. The whole question is how to prove the actual acceptance of part of the inheritance 30 years ago and deal with the registration of land ownership.

sya-aku Jun 12, 2011

No - it’s a rotten matter, it’s not worth taking on. I'm talking more about theoretical chances. I guarantee you that if the granddaughter proves in court that she was given 200 rubles that she inherited from her grandmother, then she will receive a quarter of her own.

Sources: www.kakprosto.ru, www.urist.in.ua, law-divorce.ru, forum.yurclub.ru

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