Disputes related to the restoration of the inheritance acceptance period
B. filed a lawsuit with the State Institution "Office of the Akim of Shymkent" to restore the deadline for accepting the inheritance, arguing that she is the heir of V., who is her grandmother. Due to the fact that at the time of V.'s death She was a minor and was assigned to an orphanage, missed the deadline for accepting the inheritance. By the decision of the Yenbekshinsky District Court of Shymkent dated August 19, 2020, the claim was satisfied. The deadline for accepting the inheritance opened after the death of grandmother V., who died on October 15, 1997, and the inherited property located at 20 Maulen Kalmyrzayeva Street, apartment 4, Shymkent (hereinafter referred to as the disputed apartment) has been restored. By the decision of the judicial board for civil cases of the Shymkent City Court dated November 11, 2020, the decision of the court of first instance remained unchanged. The Judicial Board for Civil Cases of the Supreme Court has left judicial acts of local courts unchanged on the following grounds. It follows from the case file that the owners of the disputed apartment on the basis of the privatization agreement dated November 23, 1992 were V. and I., the plaintiff's grandmother and brother. On October 15, 1997, V. died. Due to the death of her parents: father R., who died on June 10, 1994, and mother T., who died on June 6, 2000, plaintiff B., born in 1988, was assigned to an orphanage based on the decision of the akim of Shymkent on November 8, 2000.
Disputes related to the restoration of the inheritance acceptance period
The decision of the Yenbekshinsky District Court of Shymkent dated June 20, 2019, which entered into force, partially satisfied O.'s claim to I. for recognition of the valid purchase and sale of the disputed apartment. The court decided: to recognize as valid the sale and purchase agreement concluded between O. and I. for 1/2 of the disputed apartment. The rest of the claim was dismissed. When considering the case, the court concluded that I. was entitled to dispose of only his share in the transaction. He did not have the right to dispose of shares in the apartment owned by his grandmother. According to the certificate of the registering authority dated November 15, 2019, ownership of the disputed apartment was registered: for V. for 1/2 part on the basis of the privatization agreement dated November 23, 1992; for O. for 1/2 part on the basis of the above-mentioned court decision. Having established these circumstances, taking into account the minor age of the plaintiff at the time of the discovery of the inheritance and the circumstances established by previous judicial acts, the local courts came to a reasonable conclusion about restoring the deadline for accepting B.'s inheritance, satisfying the claim.
At the same time, the court of first instance was reasonably guided by the norms of Articles 1062, 1072-2, 1072-3 of the Civil Code of the Republic of Kazakhstan regulating disputed relations. The arguments of the person concerned O. that the contested judicial acts affect her rights as a bona fide acquirer of the disputed property are not sound, since she has registered ownership of 1/2 of the disputed apartment, 1/2 of this property has so far been registered with the testator V., which can pass to the heirs by law. O.'s arguments that B. the existence and location of the disputed property was known long before the appeal to the court, are of an assumed nature, are not confirmed by relevant evidence, are refuted by the case materials, and therefore cannot be taken into account.
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