Statement of claim to the Inheritance Court for recognition as deceased Heirs
To the court of the Panfilovsky district of the Almaty region
The plaintiff: ____________________ IIN: ____________________
Representative by proxy ____________________
city of Almaty, ____________________ Phone: ____________________
The defendant ____________________. ____________________. RF,
Leningrad region, ___________, ______________________________
STATEMENT OF CLAIM
My father died on 20__ ____________________- ____________________ 19__ G.R. After his death, an inheritance case was opened.: the heirs were, ____________________ and ____________________. The subject of inheritance is a land plot at the address: Almaty region, ______________, G. ____________, street _________________ , D.which, during the life of the deceased in 19__, was given to him for use for the construction of an apartment building.
Later in 20__ year ____________________ I applied to the Mayor for granting the right of private ownership of a land plot at the address: Almaty region, ________________, city ______________, street_____________ , D.____. By the decision of Akim of Panfilovsky district of Almaty № _________ dated ___ December 20___ ____________________ 19__ G.R. after death, the land plot was allocated for private ownership at the address of _____________, street _______________, D.___. cadastral number ____________________. At the time of the discovery of the inheritance, the deceased did not even have ownership of the inherited property and acquired it only through his own efforts, at material cost. ____________________. _August 20__ of the year, ____________________ Passed away, about what ____________________ I immediately informed his sons: ____________________, ____________________. In November 20__ of the year, ____________________ She sent a notarized copy of the death certificate to the deceased's sons.
However, the latter did not come to the funeral and did not apply to the notary within six months to accept the inheritance. Article 1072-4 If the heir, by law or by will, died after the discovery of the inheritance, having failed to accept it within the time limit established by Article 1072-2 of this Code, the right to accept the share of the inheritance due to him passes to his heirs. 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. If the remaining part of the term is less than three months, it is extended to three months. Statement of claim to the court in the Inheritance case for recognition ____________________,____________________ formally, they are heirs, however, according to Article 1072 of the Civil Code of the Republic of Kazakhstan "In order to acquire an inheritance, the heir must accept it."
Article 1072-1: Acceptance of an inheritance is carried out by submitting, at the place of opening of the inheritance, to a notary or an official authorized in accordance with the law to issue a certificate of inheritance to an official, an application from the heir for acceptance of the inheritance or an application from the heir for the issuance of a certificate of inheritance. Or the heir must actually accept the inheritance (be registered, reside, bear the costs of maintaining the property). ____________________. and ____________________. they live in the Russian Federation, they are not registered in the house at the address Almaty region, Panfilovsky district, ______________, St. ____________________ ___.
Article 1072-2 of the Civil Code of the Republic of Kazakhstan "Inheritance may be accepted within six months from the date of the opening of the inheritance." Inheritance after death ____________________ it was opened in 20__, 4 years have passed, during which ____________________ did not declare about their rights to the house at the address Almaty region, Panfilovsky district, ____________________, St. ____________________ ___, Although they knew for sure about the discovery of the inheritance. According to P. 10 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 29, 2009 No. 5 "On some issues of application of inheritance legislation by courts": A defunct heir is an heir who renounced the inheritance, or who did not accept the inheritance within the time limits established by Article 1072-2 of the Civil Code, as well as who did not actually accept the inheritance and died earlier than the testator.
Based on the above, guided by Articles 1072-1072-4 of the Civil Code of the Republic of Kazakhstan, Article 148,149 of the Civil Procedure Code of the Republic of Kazakhstan
ask
Admit it ____________________ __ October, 19__ year of birth, ____________________ __ February 19__ by the departed heirs after Death ____________________.
The application is in copies: 1. Birth certificate ____________________. 2. Birth certificate ____________________. 3. Death certificate ____________________. 4. Power of attorney, personal identification, diploma of the representative.
Representative by proxy ____________________
The Panfilovsky District Court informs you that your application from __.__.20__ is registered under №____________________. Contact phone number: +7 (72831)5-20-66.
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