Establishment of kinship is not a rare case in judicial practice. This is necessary, in particular, to obtain an inheritance if the heir, for some reason, has lost the documents confirming his blood ties with the deceased.
Instructions
Step 1
Try to restore or obtain duplicate documents confirming your relationship with the deceased. If this is not possible, go to court.
Step 2
Write a statement that you cannot confirm the relationship with documents, set out the procedure for contacting the authorities. Attach the documents that were given to you, motivating the refusal, for example, a written certificate from the registry office about the lack of the necessary information. Indicate for what purpose you need to establish the fact of kinship, for example, to accept inheritance.
Step 3
Enter in the application information about the name of the court, personal data, your place of residence, telephone number. Provide information about the stakeholders, their place of residence or the location of the organization. Check the list of documents attached to the application (photocopies). Pay the state fee in the amount of 200 rubles, you can do this at any branch of the bank, attach the receipt of payment to the application. Sign and date the document.
Step 4
Don't be late for your trial. The judge will ask questions about the existence of the fact you are asking to establish, its legal significance and the conditions under which it is permissible to recognize a relationship with a particular person. After examining the documents, the judge retires to the deliberation room, where he makes a decision on the case.
Step 5
Bring witnesses who can confirm your words, you can rely on written evidence, for example, personal correspondence, photography, etc. Use any information that can help you in establishing blood ties. If you were denied the issuance of duplicates of the required documents, write a petition to the court. No institution has the right to refuse a request from a justice body.
Step 6
Check for an extract from the house register on registration, a copy of a personal account, it is possible that you have a power of attorney to perform certain actions, issued in your name and certified by a notary, in accordance with the norms of the Civil Code of the Russian Federation. This will help in establishing the legal fact. In accordance with clause 4 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated 10.25.1996 No. 9 "On the application by the courts of the RF IC when considering cases of establishing paternity and recovering alimony", for example, in the event of the death of a person who recognized himself as the father of the child, but did not married to his mother, the court on the basis of Art. 50 of the RF IC has the right to establish the fact of recognition of paternity.
Step 7
Keep in mind that the court will refuse to restore the fact of kinship between the testator and the heirs of each successive turn, if there are relatives of the previous turn who have already inherited the property. The exception applies only to those cases when, for example, a refusal has been received from the authorities stating that it is impossible to amend documents and records for various reasons. Or, when the necessary documents cannot be restored.
