The adopted laws of the Russian Federation on private property still sometimes confuse our citizens. What could be worse than not worrying about your own housing rights in time? Someone refuses to privatize, not quite understanding what it threatens. And someone is in no hurry to accept the inheritance, missing all conceivable terms. Moreover, during this time, more enterprising heirs make out the entire apartment for themselves. In this case, alas, people find themselves on the street. But if you catch yourself in time, there are real chances to return the lost rights and sue the apartment back.
Instructions
Step 1
The issue of recognizing their rights to property is decided in court. Submit a claim to the court at the location of the disputed apartment to recognize you as heir. In the lawsuit, also state the requirements for the recognition of ownership of this apartment for you.
Step 2
Collect and attach documents to the statement of claim: death certificate; inventory certificate of BTI; documents certifying your relationship with the testator; an extract from the house book.
Step 3
If you miss the six-month period for accepting the inheritance in court, you will have to defend the restoration of the term. Collect supporting documents for this. Certificates of illness after the death of the testator, travel papers for most of the missed period are suitable. You can also refer to ignorance about death and the opening of an inheritance case.
Step 4
If the deadline is large, for example, over 2 years, the court will no longer take such excuses into account. In this situation, it makes sense to insist that you have made the actual inheritance in accordance with paragraph 2 of Article 1153 of the Civil Code of Russia. This is a legally prescribed option for accepting an inheritance. It occurs when the heirs continue to use the property of the deceased, without submitting an appropriate application to the notary.
Step 5
Collect evidence of your actual inheritance. The best option if you lived in the inherited apartment at the time of the testator's death. The fact of residence and acceptance is confirmed by the registration at this address and the receipts you paid, taxes on this apartment. In the absence of this evidence, show the court the personal belongings of the testator that you took after his death.
