Statement of claim for restoration of the deadline for accepting the inheritance

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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 Asabayeva Meruert Kaldybekovna

Almaty, 91/2 ave., 404 office. +7-707-334-83-73. ………

Evgenia Alexandrovna (German citizen) 70569,

Germany, Stuttgart, Kaindlstr St., 23 Cell phone. +4917698..........   ………..

Viktor Nikolaevich (German Citizen) 70569,

Germany, Stuttgart, ul.........., 23 Cell phone: +4915775…………  

Statement of claim for

restoring the deadline for accepting the inheritance

November 27, 2020 died suddenly ........ Sergey Alexandrovich, born on 04/03/1980 ....... S.A. 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.:

……... Eleonora Sergeevna, born on 05/01/2006;

………. 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 his death ........ S.A. was registered at the address Almaty, Almaly district, ul.Mametova, 25 sq. 34 (as evidenced by the certificate of registered rights to real estate and its technical characteristics).

Statement of claim for restoration of the deadline for accepting the inheritance

The owner of 1/5 of the share of this apartment is Ernst Rosa Vladimirovna (hereinafter referred to as the testator). The testator is the mother of the deceased Ernst S.A. The testator died on 04/10/2003 ........ S.A. died before accepting the inheritance. 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.

Statement of claim for restoration of the deadline for accepting the inheritance

Ernst Rosa Vladimirovna was married to Alexander Garevich during her lifetime. However, .......... Rosa Vladimirovna and ........ Alexander Garievich dissolved their marriage according to the record of the act of dissolution of marriage No. 168 dated 05.07.1995. There are children from the joint marriage of the testator and ........ Alexander Garyevich ....... Viktor Petrovich was born on 08/25/1976 (former surname- Bublikov, patronymic Nikolaevich), .... Evgeny Petrovna was born on 01/10/1987 (former surname- ........., patronymic Alexandrovna). On 05/06/1993, the testator consented to the adoption of her son, Victor Petrovich Gaas, born on 08/25/1976. (former surname- Bublikov, patronymic Nikolaevich) mother ........ Rashida Tafekovna (with the assignment of the surnames and patronymic of the adoptive parent to him). who has now moved permanently to the Federal Republic of Germany (hereinafter referred to as FRG). On 26.08.1996, the testator consented to the adoption of her daughter ...... Evgenia Petrovna, born on 10.01.1987 (former surname -......, 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. The above facts indicate that ....... Alexander Garievich, ........ Viktor Petrovich, born on 08/25/1976 (former surname- Bublikov, patronymic Nikolaevich), ...... Evgeny Petrovna, born on 01/10/1987 (former surname-....., patronymic Alexandrovna) cannot claim the inheritance of ...... Rosa Vladimirovna. That is, the only heir is the deceased ......... Sergei Alexandrovich, who died without accepting the inheritance. According to the above facts, Meruert Kaldybekovna Asabayeva was registered with the Notary in inheritance case No. 7/2021 for accepting inheritance from Ernst S.A. there is all the necessary information and documents, court decisions from the Federal Republic of Germany on the adoption of Gaas V.P., Gaas E.P. Owned by ...... S.A. there was real estate: A share in an apartment located at Almaty, Almaly district, Mametova St., 25 sq.34 (cadastral number 20-314-014-020-25-34); 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 he acquired the death certificate of Ernst 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 ....... Eleanor S. accepted the inheritance opened after death ......... S. A. Pursuant to article 1038 GK RK, where inheritance is the transfer of the property of a deceased citizen (........ S.A.) 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, I applied to the court within six months after the reasons for missing this deadline 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 on the basis of 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 circumstances preventing the filing of an application for acceptance of the inheritance, the heir applied 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. 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........ S.A., and when declaring him dead, the date of entry into force of the court decision declaring the citizen dead, unless another day is specified in the court decision. According to clauses 7, 1, and 610 of the Tax Code of the Republic of Kazakhstan, it is stipulated that 0.5 MCI is charged for claims for changing or terminating a tenancy agreement, extending the term of inheritance, releasing property from seizure, and other claims of a non-property nature or not subject to assessment. 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 an inheritance in the form of a share in real estate (apartment) located at Almaty, Almaly district, ul............ 25 sq.34 (cadastral number 20-314-014-020-........) opened after death ........ Rosa Vladimorovna.

Sincerely, Proxy Representative:                                    _______________/Sarzhanov G.T. "___"___________ 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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