Article 45. State registration in case of inheritance and recognition of a citizen as missing, with limited legal capacity or incapacitated by the Law on State Registration of Rights to Immovable Property
1. When registering the rights of heirs to the testator's property, the applicant submits a certificate of inheritance rights or other documents provided for by legislative acts of the Republic of Kazakhstan, as well as documents provided for in Article 21 of this Law.
2. In cases where the testator's rights to immovable property are not registered in the legal cadastre and rights without registration are not considered to have arisen, the right to registration passes to the heirs. In this case, title deeds and other documents provided for in Article 21 of this Law shall be submitted in the name of the testator and documents confirming the rights of the heirs to inherit the testator's property. The date of the testator's right in these cases is determined on the basis of the title documents, and, if necessary, by the date of the occurrence of the legal fact (legal composition) preceding the day of the opening of the inheritance.
3. The registration of custody of the immovable property of a person recognized as missing, with limited legal capacity or incapacitated, is carried out at the request of the guardian (authorized representative of the guardian) over the property of the missing person in the presence of an appropriate decision of the guardianship authority on the appointment of a guardian (trustee).
The Law of the Republic of Kazakhstan dated July 26, 2007 No. 310.
This Law defines the goals, objectives and legal framework in the field of state registration of rights to immovable property.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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