Article 1152 of the Civil Code of the Russian Federation (Part 4). Acceptance of inheritance: judicial practice
Today we have to deal with art. 1152 Civil Code. It describes the characteristics of the process of obtaining inheritance. What should you remember about this operation while living in the Russian Federation? What questions are the people most concerned about the inheritance? The answers to all this can be found below.
About the need
On the previously mentioned article, you can learn a lotuseful information, which is useful to all heirs without exception. In part 1 it is stated that all potential receivers of property must accept the property they have placed from the testator. Otherwise, the fact of inheritance will not take place.
It is important to understand that there is nothe procedure for obtaining for inheritance rights escheat. Under this concept is meant property, the heirs of which either are deprived of hereditary rights, or are absent altogether, or abandoned the property not in favor of someone.
Methods of obtaining
Also in Art. 1152 Civil Code states that citizens can receive the inheritance in different ways. Which ones? Among them there are the following grounds:
- according to law;
- by will.
Legitimate inheritance implies obtainingproperty on the basis of the law, in the manner prescribed by it, not canceled by the will of the testator. In Russia there are 8 queues of heirs. And the first are the spouses, children and parents. These categories of citizens receive property by inheritance in the first place.
Necessity of registration
Art.1152 Civil Code of the Russian Federation (p. 4) regulates that the put property will be considered the property of the heir after the opening of the inheritance. At the same time, the actual registration of property rights does not play a role.
In addition, the ownership rights in no wayaffects the state registration in Rosreestr. Therefore, even before obtaining the relevant documents for real estate, for example, the heir will be considered its owner in full.
About the certificate
Art.1152 of the Civil Code of the Russian Federation with comments provides answers to many questions that arise in the population. For example, some do not understand why ownership of property arises prior to their registration with Rosreestr.
The thing is that in this case the certificate ofproperty rights is noteworthy. This document only notifies about the rights to property, but in no way is their fundamental.
The certificate of ownership will indicatethe fact that a citizen is the owner of an object in connection with hereditary rights. In fact, even without such a paper, a person will be considered the owner of property.
We make a decision
From Art. 1152 Civil Code can be noted that a citizen can make a decision on the implementation of inheritance rights. A person has the right to refuse or accept the property put to him from the testator.
In this case, if a citizen renounces the inheritance, then it passes to other heirs, sometimes to the state. Property rights to property will be lost. To restore them is extremely problematic.
Confirmation of a decision will bebe a notarial application - for refusal or acceptance of the inheritance. It can be written only after the opening of the inheritance and for a certain period.
Timing
Which one? The legislative system of the Russian Federation provides for a certain period, allotted to the heir to decide on the issue of accepting property from the testator. If a citizen is silent and cannot decide, then after the expiration of the period established by law, the heir is deleted from the circle of recipients of the property.
In Art. 1152 of the Civil Code of the Russian Federation does not indicate how much time is allocated for accepting an inheritance. In general, you need to navigate for 6 months. During this time, a person can tell whether he wants to accept the inheritance or not.
In the case of a positive decision after the specified 180 days, a citizen may engage in the registration of property rights. But even until this time, the heir will be considered the owner of the property.
Refusals
What if a person decided to give upinheritance? He should know that under art. 1152 of the Civil Code of the Russian Federation (in a new edition), the heir has the right to reject the property assigned to him. However, this process has several nuances.
What is this about? Firstly, it is necessary to remember that in the Russian legislation it is forbidden to receive a part of the inheritance, and to refuse from some of its shares. The article we are studying says that accepting a share of property by inheritance means the consent of the heir to receive the entire inheritance.
In this case, there is one feature. It allows you to abandon part of the property that is inherited. This is possible if the citizen is at the same time a heir by law and by will. In this case, the potential recipient of the property has the right to choose the mode of inheritance. For example, to accept only the inheritance by law, and the will to refuse. Or vice versa.
Acceptance / Denial Procedure
Key points related to inheritance, we have studied. Now you can see how to properly accept the inheritance or abandon it.
The algorithm of actions in these situations will be as follows:
- Wait for the opening of the inheritance.
- Collect a certain package of papers. It directly depends on the situation. The main list of documents will be presented later.
- Contact the notary within 180 days, counted after the death of the testator, with a prepared package of papers and a statement. The latter indicates consent or waiver of inheritance.
- In the case of a positive decision regardingacceptance of the property will need to wait for the deadline, then come to the notary for a certificate of acceptance of the inheritance. If you give up the property, you can simply forget about the procedure.
- To issue ownership of the inheritance in Rosreestre in the prescribed manner if necessary.
As you can see, everything is extremely simple. It is important to remember that it is almost impossible to appeal the decision made regarding the receipt of the inheritance. And restore missing inheritance rights too. Although judicial practice under Art. 1152 of the Civil Code is available.
About restoring rights
Sometimes citizens do not have time to notify the notaryabout his decision in the allotted six months. This is a very rare phenomenon that does not take place in practice. If there were compelling reasons for the permit, then you can restore your inheritance rights in court. In the case of the entry into the inheritance of other heirs, property will be redistributed. Therefore, it is better to take care of your decision in advance. And if there will be a pass of the statutory time to appeal to the notary for valid reasons, the citizen must prepare evidence.
These may include:
- severe illness of a citizen;
- living with the testator in different cities;
- lack of information about the occurrence of inheritance rights.
This is not a complete list of the reasons for which the rights of inheritance can be restored through court. For example, living abroad gives a potential heir such opportunities.
On the grounds
But in art. 1152 of the Civil Code of the Russian Federation there are no grounds for inheritance. However, everyone should know them.
The basis for the occurrence of inheritance rights is the death of the owner of the property. Also here it is possible to refer judicial decisions on a recognition dead.
As already mentioned, inheritance bylaw and by will. In the first case, the death of the testator is sufficient. In the second, a will must also be presented. This document is issued by the testator during his lifetime.
Documentation
Art. 1152 of the Civil Code of the Russian Federation (current version) allows citizens to get property by inheritance or completely abandon this operation. To translate the ideas into life, as we have said, will require some paper.
Namely:
- the passport of the citizen of the Russian Federation;
- documents from the last place of residence of the testator;
- death certificate;
- documents on property passing by inheritance;
- certificates confirming the relationship (if any);
- testamentary papers (if available).
You will also have to write a waiver or consent to accept the inheritance. Otherwise, a visit to a notary simply does not make sense.
Property issues
Judicial practice under Art. 1152 of the Civil Code of the Russian Federation (h. 4) demonstrates that the lack of evidence of property rights in real life is a serious obstacle for heirs. Without proper confirmation of property rights to dispose of the property will not work. Only if you act through the court.
Therefore, some believe that rightsProperty arises after the state registration in Rosreestre. In any case, while this paper is not, the heir can only use the property. But to make legal transactions with the property will not work.
In fact, the lack of evidence of rightsProperty is not a reason for such restrictions. It is enough to have evidence that a specific property is transferred to a citizen by inheritance. This is indicated by art. 1152 of the Civil Code.
