Disputes about the right of inheritance - the heir has the right to renounce the inheritance within six months from the day when he learned or should have learned about his vocation to inherit
M. filed a lawsuit with the court against J., G., A.,.V., B., E. for the recognition of certificates of inheritance rights and additions to the certificate of inheritance rights as invalid. By the decision of the Medeu District Court of Almaty dated February 24, 2020, the claim was satisfied. By the decision of the Judicial Board for Civil Cases of the Almaty City Court dated June 1, 2020, the court's decision remained unchanged. The Judicial Board for Civil Cases of the Supreme Court overturned the judicial acts of the local courts and issued a new decision in the case to dismiss M.'s claim against J., G., A., V., B., E. on the recognition of certificates of inheritance rights and additions to the certificate of inheritance rights as invalid on the following grounds. During the consideration of the case, such violations were committed by local courts. It follows from the case file that on July 21, 2005, Sh., the mother of the plaintiff and the defendants, died. During the life of S. she bequeathed her property to one of her daughters, E. The will was certified by notary A. On June 4, 2005 and registered in the register for No. 9-9000. After the discovery of the inheritance on December 30, 2005, E. renounced inheritance in her will in favor of her sister, Zh., T. he refused a mandatory share in the inheritance that opened after the death of his wife. On May 5, 2006, T. died, who during his lifetime also bequeathed all his property to E. The will was notarized by A. On June 4, 2005 and registered in the register for No. 9-9001 on November 3, 2006, E. renounced the inheritance in favor of J. According to the certificates of inheritance rights under the law of April 5, 2006, the registry 1-483, 1-485, 1-487, 1-491, 1-493, dated April 25, 2007 Registry 2-551, dated May 18, 2007 Registry 2-619, 2-620, dated May 19, 2007 Registry 2-553, supplement to the certificate of inheritance right under the law of On May 19, 2007, register 2-555, all movable and immovable property of testators J. inherited by J.
Disputes about the right of inheritance - the heir has the right to renounce the inheritance within six months from the day when he learned or should have learned about his vocation to inherit
The court of first instance, satisfying the plaintiff's claims for invalidation of the disputed certificates, motivated its conclusions by the fact that at the time of issuing certificates of inheritance, the issue of the plaintiff's inheritance share had not been resolved, while the plaintiff did not give up her share of the inheritance after the death of the testators. The appellate instance agreed with the conclusions of the court of first instance, stating that the defendants violated the plaintiff's rights by unreasonably disposing of her share. At the same time, one cannot agree with the conclusions of the local courts, since they do not correspond to the established circumstances of the case and are based on the incorrect application of substantive law. According to Article 1039 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), inheritance is carried out by will and (or) by law. Inheritance by law takes place when there is no will or does not determine the fate of the entire inheritance, as well as in other cases established by this Code. According to paragraphs 1, 2, 5 of Article 1074 of the Civil Code, as amended at the time of the discovery of the inheritance, the heir has the right to renounce the inheritance within six months from the day when he learned or should have learned about his vocation to inherit. If there are valid reasons, this period may be extended by the court, however, for no more than two months. Renunciation of inheritance is made by submitting an application by the heir to the notary at the place of opening the inheritance. When renouncing an inheritance, the heir has the right to indicate that he renounces it in favor of other persons from among the heirs according to the will or according to the law of any turn. In the case, it was established that the sole heir according to the will after the death of Sh. It was E., who, within the time limit prescribed by law, renounced the inheritance in favor of J. In favor of J. the surviving spouse, Sh. - T., refused to inherit the obligatory share. After the death of her father, E., being the heiress according to the will, again renounced the inheritance in favor of J.
According to the requirements of paragraph 1 of Article 1069 of the Civil Code, regardless of the content of the will, at least half of the share of the inheritance that would be due to each of them if inherited by law (mandatory share) is inherited by the testator's minor or disabled children, as well as his disabled spouse and parents. There were no other heirs with a mandatory share in the inheritance that opened after T.'s death, and therefore the disputed certificates were reasonably issued to the only legitimate heir of J. Considering that M. No evidence has been presented to the court confirming her right to a mandatory share in the inheritance opened after the death of her parents, and her rights have not been violated by the disputed evidence. Both parents left the right to dispose of their property after their death to one of their daughters, E., who disposed of it in favor of J. The wills drawn up by Sh., T. in favor of E. have not been challenged, and therefore the plaintiff has no right to demand invalidation of certificates of inheritance issued as a result of the execution of wills.
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