The deadline for accepting an inheritance may be extended by the court if it recognizes the reasons for missing the deadline as valid. The inheritance may be accepted after the expiration of the specified period and without going to court, subject to the consent of all other heirs who have accepted the inheritance.

O. filed a lawsuit with T., the State Institution "Department of Land Relations of the Talgar district", the akim of Tuzdybastau rural district, G., notary Yu., the State Institution "Department of Justice of the Talgar district" on invalidation of the resolution of the head of the Kalinin rural administration No. 10 dated March 15, 1994, the act on the right of lifelong inherited land ownership AL no. 0364101, purchase and sale agreement, registration of ownership rights and removal of obstacles in use, as well as the claim of T. to O., notary U., Akim of Tuzdybastau rural district on invalidation of the certificate of inheritance right under the law of June 2, 1992 and the decision of akim of Tuzdybastau rural district. By a decision of the Talgar District Court of the Almaty region dated December 26, 2013, O.'s claim was denied. T.'s claims have been satisfied. Invalidated: the certificate of the right to inheritance under the law in the name of O. On June 2, 1992, for housing construction located at the village of Kalinino, the decision of the akim of Tuzdybastau rural okrug of Talgar district No. 114 dated June 8, 2006 on the provision of a land plot with an area of 1,287 square meters for the maintenance of housing construction located at the village of Tuzdybastau. The issue of refunding the state fee to the defendant has been resolved. By the decision of the Appellate Judicial Board dated March 13, 2014, the decision of the Talgar District Court dated December 26, 2013 was changed. The decision regarding the denial of O.'s claim cancelled, in this part a new decision was made to satisfy O.'s claim.

Invalidated: resolution of the head of the Kalininsky district administration No. 10 dated March 15, 1994 on granting T. the right of lifelong inherited ownership of a land plot with a total area of 0.1920 hectares, located at the address: Talgarsky district, Kalinina village; act on the right of lifelong inherited ownership of land AL No. 0364101, issued in the name of T.; purchase and sale agreement land plot dated October 20, 2012 with an area of 0.1000 hectares, with cadastral number 03-051-060-3951, located at the address: village Tuzdybastau, concluded between T. and G., and his registration in the State Institution "Department of Justice of Talgar district". The court forced T. to remove obstacles in the use of the land and provide access to the territory of the land located at the address: Talgar district, village Kalinino (now Tuzdybastau). By the decision of the Cassation Judicial Board of the Almaty Regional Bulletin of the Supreme Court of the Republic of Kazakhstan No. 8/2015 16 of the court, the decision of the appeals board remained unchanged. The Supervisory Judicial Board for Civil and Administrative Cases of the Supreme Court amended the contested judicial acts and annulled, in terms of satisfying T.'s claims for invalidation: certificates of inheritance under the law in O.'s name dated June 2, 1992 for a house building located at 4 Shosseynaya Street, Kalinino village, decisions of the akim of Tuzdybastau rural settlement district of Talgar district No. 114 dated June 8, 2006 on the provision of Fr . a plot of land with an area of 1,287 square meters for the maintenance of housing construction located at the address: Tuzdybastau village, Zhibek Zholy Street (Highway), 4. A new decision was made in this part to dismiss the claim, due to the following. The deadline for accepting the inheritance may be extended by the court if it recognizes the reasons for missing the deadline as valid. It follows from the case file that O. and T.'s mother died on March 31, 1991, and after her death the inheritance was opened in the form of a house building located at 4 Shosseynaya Street, Kalinino village, Almaty region. Both plaintiffs lived in this house after the death of their mother. On June 2, 1992, the notary public U. a certificate of inheritance right under the law for the above-mentioned housing construction was issued in the name of O. By the decision of the akim of Tuzdybastau rural okrug of Talgar district of Almaty region No. 114 dated June 8, 2006, O. was granted a land plot of 1,287 sq.m. for housing construction, however, O. did not register ownership of the specified property, since by the resolution of the Head of the Kalinin Rural Administration No. 10 dated March 15, 1994, T. the right of lifelong inherited ownership of a land plot with a total area of 0.1920 hectares was granted, while the land plot included a hereditary housing estate with a land plot. On September 27, 2012, T. also received a certificate of inheritance, which was invalidated by the decision of the Talgar District Court of Almaty region dated July 24, 2013. By the purchase and sale agreement dated October 20, 2012, T. sold to G. a part of a land plot with an area of 0.1000 hectares. The Court of First Instance, satisfying the requirements of T. on invalidation of the certificate of the right to inheritance under the law in the name of O. and the decision of the akim to grant the latter a land plot, he motivated by the fact that the heirs of the first stage were five children of the deceased and when issuing the certificate of the right to inheritance O. the shares of other heirs were not taken into account. Also, the court was not provided with information that all heirs except O., in accordance with Article 546 of the Civil Code of the Kazakh SSR (hereinafter CC Kaz.SSR), renounced their shares in the inherited property.

The appellate and cassation courts of the Almaty Regional Court agreed with such conclusions of the court. However, these conclusions do not correspond to the actual circumstances of the case, in addition, the court incorrectly applied the norms of substantive law. According to Article 542 of the Kaz Civil Code.In order to acquire an inheritance, the heir must accept it. It is recognized that the heir accepted the inheritance when he actually took possession or management of the inheritance property or when he submitted an application for acceptance of the inheritance to the state notary office at the place of opening the inheritance. The actions specified in this article must be performed within six months from the date of the opening of the inheritance. According to Article 543 of the Kaz Civil Code.The deadline for accepting an inheritance, established by the Bulletin of the Supreme Court of the Republic of Kazakhstan No. 8/2015 17, Article 542 of this Code, may be extended by the court if it recognizes the reasons for missing the deadline as valid. The inheritance may be accepted after the expiration of the specified period and without going to court, subject to the consent of all other heirs who have accepted the inheritance. In accordance with the requirements of the above legislation, Fr. I applied to the notary's office and received a certificate of inheritance according to the law. At the same time, T. and other heirs did not apply to the notary office for acceptance of the inheritance within the time limit prescribed by law, nor did they apply to the court for an extension of the inheritance period and the establishment of the legal fact of acceptance of the inheritance, nor did they take any other measures provided for by law. It follows from the case file that T. In 2012, he applied to the Talgar District Court of the Almaty region to establish the fact of accepting the inheritance, but his application was subsequently left without consideration. Thus, O.'s receipt of the certificate of inheritance right was legally carried out in accordance with the legislation in force at that time and does not violate the rights of other heirs. 

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