Statement of claim for restoration of the deadline for accepting the inheritance
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Almaly District Court of Almaty
267 Tole bi Street, Almaty, 8 (727)333-11-60 727-2872@sud.kz
Plaintiff: ........ Olga Vladimirovna IIN ...........
Almaty, Medeu district, ul......., 85.
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz +7 700 978 50 85, + 7 727 978 50 85
Respondent: Akimat of Almaty, Almaty, Republic Square, 4 +7 (727) 338-30-86.
A third party who does not make an independent claim:
Notary A. Meruert Kaldybekovna office, 91/2 Dostyk Ave., Almaty.
+7-707-334-83-73. E Evgeniya Alexandrovna (German citizen)
Kaindlstr str., 23 Cell phone, Stuttgart, 70569, Germany. +4917698220602 ........
Viktor Nikolaevich (German Citizen) 70569,
Germany, Stuttgart, ul............, 23 Hundreds of bodies: +4915775..........
Statement of claim
on restoring the deadline for accepting the inheritance
Between..... Rosa Vladimirovna , born on 04/15/1956 (hereinafter referred to as the testator) and ...... Alexander Garyevich was married on 05/25/1955. There are common children from a joint marriage ........ Sergey Alexandrovich born on 04/03/1980, ........ Evgenia Alexandrovna, born on 10.01.1987, ...... Viktor Nikolaevich, born on 25.08.1976, These persons have shares in the right of joint ownership in real estate (apartments) located at Almaty, Almaly district, Mametova str., 25 sq.34 (cadastral number 20-314-014-020-25-34). On 05/06/1993, the testator consented to the adoption of her son ....... Viktor Petrovich was born on 08/25/1976 (former surname- Bublikov, patronymic Nikolaevich) to his mother ........ Rashida Tafekovna (with the assignment of the surnames and patronymics of the adoptive parent to him). who has now moved permanently to the Federal Republic of Germany (hereinafter referred to as FRG).
Statement of claim for restoration of the deadline for accepting the inheritance
On 26.08.1996, the testator consented to the adoption of her daughter ........ Evgeniya Petrovna, born on 10.01.1987 (former surname- Ernst, patronymic Alexandrovna) mother ........ Rashida Tafekovna (with the assignment of the surnames and patronymic of the adoptive parent to her) ....... Evgeniya Petrovna, born on 10.01.1987, has now moved to permanent residence in Germany. 05.07.1995 years ....... Rosa Vladimirovna and Alexander Garievich dissolved their marriage according to the record of the act of dissolution of marriage No. 168. On November 27, 2020, he died suddenly ............ Sergey Alexandrovich born on 04/03/1980 . ...... S.A. he was married to his wife ........ Olga Vladimirovna (Hereinafter referred to as the Plaintiff), which is confirmed by the marriage certificate No. 0077806 dated 12/28/2005. There are minor daughters from a joint marriage between the Plaintiff and ..... S.A.: -Ernst Eleonora Sergeevna, born on 05/01/2006; -Ernst Evelina Sergeevna, born on 30.04.2010; Subsequently, on December 07, 2020, from the Office of the Akim of the Almaly district of Almaty, from the Civil registration department, the Plaintiff received a death certificate ..... S.A. Before death .... S.A. it was registered at the address Almaty, Almaly district, Mametova St., 25 sq.34 (as evidenced by the certificate of registered rights to real estate and its technical characteristics). The owner of 1/5 of the share of this apartment, located at Almaty, Almaly district, ul....... 25 sq.34 (hereditary mass) is ..... Rosa Vladimirovna (testator). The testator is the mother of the deceased ....... S.A. The testator died on 04/10/2003 ........ S.A. died before accepting the inheritance ....... S.A. did not know about his mother's death during his lifetime.
Because no one had told him that. According to Articles 1072-4 of the Civil Code of the Republic of Kazakhstan, if the heir, by law or by will, died after opening the inheritance, having failed to accept it within the time limit established by Article 1072-2 of the Civil Code of the Republic of Kazakhstan, the right to accept the share of the inheritance due to him passes to his heirs (hereditary transmission). This right of the deceased heir may be exercised by his heirs on a general basis during the remainder of the term for accepting the inheritance. After the expiration of the period established for accepting the inheritance, the heirs of the deceased heir may be recognized by the court as having accepted the inheritance in accordance with Article 1072-3 of the Civil Code of the Republic of Kazakhstan, if the court finds valid reasons for their omission of this period. The above facts indicate that ...... Alexander Garievich, .... Viktor Petrovich was born on 08/25/1976 (former surname- Bublikov, patronymic Nikolaevich), ………… Evgenia Petrovna, born on 10.01.1987 (former surname- Ernst, patronymic Alexandrovna) cannot claim the inheritance of Ernst Rosa Vladimirovna. That is, the only heir is the late Ernst Sergei Alexandrovich, who died without accepting the inheritance. According to the above facts at Asabayeva's Notary.... Kaldybekovna in inheritance case No. 7/2021 on the acceptance of inheritance from ....... S.A. has all the necessary information and documents, court decisions from Germany on the fact of adoption ....... V.P., ......... H.P.
Statement of claim for restoration of the deadline for accepting the inheritance
On February 6, 2021, the Plaintiff learned from the Notary's case file that the testator had died, as the whole family had thought until that moment that she was missing and wanted. In this connection ........ S.A. did not accept the inheritance. To date, we do not know....... Alexander Garievich, how did he acquire the death certificate ........ Roza Vladimirovna, besides, funeral arrangements for the latter were not carried out. Father ........ S.A., ......... Alexander Garievich constantly concealed information about the death of the testator. 07/03/2021 Plaintiff, daughter ....... Evelina Sergeevna, daughter ....... Eleonora Sergeevna received a certificate of the right to inheritance, which opened after death ....... S.A. According to art. 1038 of the Civil Code of the Republic of Kazakhstan, where inheritance is the transfer of the property of a deceased citizen to another person (persons) - the heir (heirs). In accordance with art . 1072-3 of the Civil Code of the Republic of Kazakhstan, where, at the request of the heir who missed the deadline set for accepting the inheritance (Article 1072-2 of this Code), the court may restore this deadline and recognize the heir as having accepted the inheritance if the heir missed this deadline for valid reasons and provided that the heir who missed the deadline set for accepting the inheritance appealed to the court within six months after the reasons for missing this deadline have disappeared.
In accordance with clause 11. According to the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated June 29, 2009 No. 5 On certain Issues of the Application of Inheritance Legislation by Courts, it is stipulated that, based on the application of the heir to restore the deadline for accepting the inheritance in accordance with Article 1072-3 of the Civil Code, the court may restore the deadline and recognize the heir as having accepted the inheritance, if the deadline is missed for a valid reason due to the illness of the heir, as well as the circumstances preventing the filing of an application for acceptance of the inheritance, the heir appealed to the court no later than six months after, as the reasons for missing this deadline have disappeared. Also, paragraph 12 of the Regulatory Decree of the Supreme Court of the Republic of Kazakhstan provides that an application for restoring the deadline for accepting an inheritance and recognizing the heir as having accepted the inheritance is subject to consideration in court at the location of the inherited property or its main part in the order of claim proceedings.
Statement of claim for restoration of the deadline for accepting the inheritance
According to clauses 1 and 2 of Article 1042 of the Civil Code of the Republic of Kazakhstan, inheritance is opened due to the death of a citizen or his declaration of deceased. The opening time of the inheritance is the day of death of ....... S.A., and when declaring him dead, the day of entry into force of the court decision declaring the citizen dead, unless another day is specified in the court decision. According to paragraph 7, paragraph 1, art. 610 of the Tax Code of the Republic of Kazakhstan stipulates that claims for amendment or termination of a tenancy agreement, for extension of the inheritance period, for release of property from seizure and other claims of a non-property nature or not subject to assessment are 0.5 MCI. On the grounds of the above and in accordance with Articles 148 of the CPC and Articles 1042, 1072-3 of the Civil Code of the Republic of Kazakhstan, I ask the Court:
To restore the deadline for accepting the inheritance, in the form of 1/5 of the share in real estate (apartment) located at Almaty, Almaly district, Mametova str., 25 sq.34 (cadastral number 20-314-014-020-......) opened after the death of ........ Rosa Vladimorovna.
Sincerely, Proxy Representative: _______________/Nurlanov N.N.. "___"___________ 2021 the year
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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