On establishing the fact of acceptance, inheritance in the form of a quarter share of a two-room apartment
G. filed a statement with the court, arguing that she is the daughter of M.L., who died on December 29, 2008. E. she is a half-brother, they have different fathers. On June 10, 2014, my brother died. After the death of his mother and brother, an inheritance was opened, which consists of two shares in the amount of one quarter of a two-room apartment 45, located at 75 K. Street, city of P. The applicant actually accepted the inheritance, since she lives in this apartment with her family and her father. Mom and her brother lived separately at the address: city of P. 160 L. Street, apartment 75. She did not properly register the inheritance within the prescribed period, and therefore the notary refused to issue a certificate of inheritance. Requests to establish the acceptance of the inheritance in the form of a quarter share of a two-room apartment left after the death of M., who died on December 29, 2008, and the inheritance in the form of a quarter share of a two-room apartment opened after the death of E., who died on June 10, 2014.
It follows from the case file that the applicant G. (premarital surname – M.S.) is the daughter of M.L. and M.V., which is confirmed by her birth certificate and certificate of paternity, where E. (M.L.) is indicated in the column "mother".
E. is the half-brother of the applicant G., which is confirmed by his birth certificate, where E. (M.L.) is indicated in the column "mother".
According to the death certificate, M.L. died on December 29, 2008, and E. died on June 10, 2014.
After their death, there was an inheritance in the form of shares of ¼ each in an apartment located at 75 K. Street, apartment 45, P. city.
G. applied to a notary for proper registration of the inheritance, however, due to the expiration of the six-month period from the date of the opening of the inheritance, the applicant was refused to accept documents for the issuance of a certificate of inheritance.
According to the agreement on the privatization of the apartment dated December 23, 1993, the owners of this apartment are: M.V., M.L., E. and M.S.
In this connection, the court of first instance, according to the norms of Article 304 of the CPC, M.V. was involved as an interested party as a co-owner, who did not object to the satisfaction of G.'s application, which indicates that there is no dispute about the law.
Since the marriage between M.V. and M.L. was dissolved on February 7, 1991, which is confirmed by the certificate of divorce, M.V. cannot be the heir to the share of the deceased M.L.
Given that no other heirs have been identified, the applicant is the heir of the first and second line, and actually accepted the inheritance, which is consistent with the norms 1061, 1062, 1072, 1072-1 of the Civil Code of the Republic of Kazakhstan.
By a court decision of ____, G.'s application was granted.
The facts of acceptance by G., born on April 4, 1981, of inheritance in the form of a quarter share of a two-room apartment located at 75 K. Street, apartment 45, which opened after the death of M.L., who died on December 29, 2008, have been established; inheritance in the form of a quarter share of a two-room apartment located at P., 75 K. Street, apartment 45, which opened after the death of E., who died on June 10, 2014.
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