Recognition of the right of ownership in the order of inheritance through the court

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Recognition of the right of ownership in the order of inheritance through the court

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The right to property is one of the fundamental human rights that ensures individual freedom and development of citizens in the society of every state. The laws of Ukraine grant citizens the right to inherit property after the death of the testator. However, often in practice, ownership of inherited property becomes the subject of disputes and disputes during which the parties cannot reach an agreement.

In such cases, individuals can apply to the court for the purpose of recognition of the right of ownership in the order of inheritance. In this article, we will consider the features of recognition of the right of ownership in the order of inheritance through judicial authorities.

In Ukraine, the ownership right to inheritance is recognized and regulated by the CCU. The legislative act provides that, as a general rule, inheritance can be transferred to heirs by law or by will.

However, the question arises in which cases should one apply to the judicial authorities in order to accept the inheritance?

Article 392 of the Civil Code states that if the right of ownership is not recognized by another person, or he denies the existence of such a right, as well as in the case when the owner of the property has lost a document certifying his right of ownership, then such a person has the opportunity to go to court and file a lawsuit in order to recognize such ownership of the property by her.

Thus, there are only two legal grounds that provide for the right of a person to apply to judicial authorities for the protection of his right to property ownership.

However, the Supreme Court of Ukraine, in addition to the above-mentioned cases, also notes that a person can apply to the judicial authorities for the protection of his right to inheritance even if the notary refuses to document his inheritance rights.

This also applies to the situation when a person, for one reason or another, did not have time to accept the inheritance within 6 months and he needs an additional period to exercise this right in practice (case No. 227/3750/19).

What is the list of documents needed to go to court?

First of all, in order for a person to recognize the ownership right to inheritance, an application should be submitted to the court with the following approximate list of documents (copies):

  • Passport;
  • A document confirming the payment of the court fee;
  • Will (if it was written by the testator);
  • A certificate confirming the death of the testator;
  • A certificate confirming acceptance of inheritance;
  • If the subject of the lawsuit is real estate, then a technical passport for a residential building or a document confirming the allocation of a land plot to the testator;
  • A certificate of inheritance;
  • A copy of the statement of claim.

If you need help with the issue of inheritance of property rights in a court of law, please contact the "Prykhodko and Partners " law office. We will provide you with everything you need legal support in civil cases, in particular in cases of inheritance and recognition of ownership rights, as we have relevant experience in solving such problems.

Our team will advise you on all arising issues, help you prepare a claim, and represent your interests in court. Contact the "Prykhodko and Partners" law office for qualified legal assistance in your matter!

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