Claim for the recognition of ownership, an example of writing a statement of claim

One type of civil rights is the rightproperty. The possibility of realizing this right and its protection are provided by the state system, which includes all the necessary measures of organizational, economic and other areas of influence. The state provides for two types of funds aimed at protecting and restoring property rights. These are real-legal and obligatory means. The first (real-legal) includes the following: a claim for the recognition of property rights, a claim (application) to eliminate various legal violations not related to deprivation of property, as well as a claim for the return of property rights from the hands of the illegal owner. The other group of funds include legal obligations. This is a claim for damages to the owner of the property, a claim (claim) for the return of unreasonably acquired property or other property, as well as a claim for the return of property after the expiration of the lease or other use.

The claim for property rights is writtenthe claimant-owner owning or not owning certain property, whose rights are violated or disputed by the defendant or other third parties. Further the application is submitted directly to the judicial authority. The basis for filing this statement of claim is documentary (title) evidence of the right to property. As evidence, various evidence can be used that actually confirms the rights of the real owner to the disputed property. Witness statements can also be used to protect the rights associated with ownership in inheritance cases.

For example, consider the claim for recognition of the right to property in the order of inheritance of property and other rights. This statement of claim for the recognition of property rights by way of inheritance is sent to court and must contain in itselfall the necessary data and information on the basis of which the judge takes an appropriate decision on the protection, restoration or transfer of property rights to the new owner. A copy of such an application, a receipt for payment of the fee, all available documents confirming the plaintiff's kinship with the deceased person, as well as documents evidencing the deceased's rights to the land plot must be attached to this document. An extract from the land cadastre and other legal documents proving these circumstances must be attached.

The claim for recognition of property rights, a samplewhich can be found on any stand in notary's offices or district courts, law offices and other special institutions, is drawn up in the following form. First, the name of the judicial institution is written, where this statement of claim is sent. Then follow the plaintiff's data: full name, detailed home address. After the detailed information of the defendant and other third parties directly related to this claim for recognition of ownership is indicated. Be sure to indicate the price of the claim. And already in the main part of the application indicates the degree of kinship with the deceased, the type of inherited property (real estate, money or other) and its location.

The claim also specifies the registration dataof this possession (by whom it is granted and when). The statement also describes the circumstances preventing the execution of these rights. According to the Civil Code of the Russian Federation under Article No. 1112, any property (including immovable property), as well as existing property rights and unliquidated obligations, belong to the inheritance. And the hereditary right is guaranteed by the state on the basis of the adopted laws and is fixed in the constitutional article No. 35, in part four. Protection of the constitutional civil rights of each person is carried out on the basis of the approved articles of the Civil Code of the Russian Federation by recognizing this right in the court (Article 12). Therefore, a legally filed suit for the recognition of the right of ownership is a real basis for its consideration in court.

Examining all the circumstances of the case for suchthe court makes its decision on whether to recognize the right to property or not. Therefore, it should be understood that the claim for recognition of ownership - this is only the beginning of the path of acceptance of the inheritance, the restoration or protection of violated rights to the legal possession of property.