Today we have to deal with Art. 1152 of the Civil Code of the Russian Federation. It describes the characteristics of the inheritance process. What needs to be remembered about this operation while living in the Russian Federation? What issues most often concern the population regarding inheritance? The answers to all this can be found below.
About the need
From the previously mentioned article, you can find out a lot of useful information that will be useful to all heirs, without exception. In part 1 it is indicated that all potential recipients of the property must accept the property laid by them from the testator. Otherwise, the fact of inheritance will not take place.
At the same time, it is important to understand that the procedure for obtaining escheated property does not provide for inheritance rights. This concept means property whose heirs are either deprived of inheritance rights, absent altogether, or abandoned property not in favor of anyone.
Production methods
Also in Art. 1152 of the Civil Code of the Russian Federation states that citizens can receive an inheritance by various methods. Which ones? Among them are the following grounds:
- according to law;
- by will.
Legal inheritance implies the receipt of property on the basis of law in the manner prescribed by it, not canceled at the behest of the testator. In Russia, 8 lines of heirs are allocated. And the first are spouses, children and parents. These categories of citizens inherit property in the first place.
The need for clearance
Article 1152 of the Civil Code of the Russian Federation (part 4) regulates the fact that the put property will be considered the property of the heir after the opening of the inheritance. Moreover, the actual registration of rights to property does not play a role.
In addition, state registration in Rosreestr does not affect ownership rights. Therefore, even before receiving the relevant documents for real estate, for example, the heir will be considered its owner in full.
About certificate
Article 1152 of the Civil Code of the Russian Federation with comments provides answers to many questions arising from the population. For example, some do not understand why ownership of property arises before they are registered with Rosreestr.
The thing is that in this case, the certificate of ownership is of a cautionary nature. This document only informs about the rights to property, but in no way is their fundamental.
The certificate of ownership will indicate that the citizen is the owner of an object in connection with inheritance rights. In fact, even without such paper, a person will be considered the owner of the property.
Make a decision
From Art. 1152 of the Civil Code of the Russian Federation, it can be noted that a citizen can himself decide on the implementation of inheritance rights. A person has the right to refuse or accept property assigned to him from the testator.
Moreover, if a citizen renounces an inheritance, then it passes to other heirs, sometimes to the state. Ownership of the property will be lost. Restoring them is extremely problematic.
A confirmation of this or that decision will be a notarial statement - to refuse or accept the inheritance. It can be written only after the opening of the inheritance and for a certain period.
The timing
Which one? The legislative system of the Russian Federation provides for a certain period allotted to the heir to resolve the issue regarding the adoption of property from the testator. If a citizen is silent and cannot decide, then after the time period established by law the heir is deleted from the circle of recipients of the property.
In Art. 1152 of the Civil Code does not indicate how much time is allotted for the adoption of the inheritance. In general, you need to navigate for 6 months. During this time, a person can tell whether he wants to accept the inheritance or not.
In the case of a positive decision after the specified 180 days, a citizen can engage in the registration of property rights. But even up to this time, the heir will be considered the owner of the property.
Bounce
What if a person decided to abandon the inheritance? He must know that under Art. 1152 of the Civil Code of the Russian Federation (as amended), the heir has the right to refuse the property put to him. However, this process has several nuances.
What is it about? Firstly, it is necessary to remember that in Russian law it is forbidden to receive part of the inheritance, and to refuse from any part of it. In the article we are studying, it is written that the adoption of a share of property by inheritance means the consent of the heir to receive all the inheritance due to him.
There is one feature. It allows you to abandon part of the property transferred by inheritance. This is possible if a citizen is simultaneously an heir by law and by will. In this case, the potential recipient of the property has the right to choose the method of inheritance. For example, to accept only the inheritance by law, and refuse by will. Or vice versa.
Acceptance / Denial Procedure
The key points related to inheritance, we studied. Now you can see how to properly accept the inheritance or refuse it.
The algorithm of actions in these situations will be as follows:
- Wait for the opening of the inheritance.
- Collect a specific package of papers. It depends on the situation. The main list of documents will be presented later.
- Contact a notary public within 180 days, counted after the death of the testator, with a prepared package of papers and a statement. The latter indicates consent or denial of inheritance.
- In the case of a positive decision regarding the adoption of the property, it will be necessary to wait for the deadlines to expire, and then come to the notary for a certificate of acceptance of the inheritance. If you give up the property, you can simply forget about the procedure.
- To issue ownership of the inheritance in Rosreestr in the prescribed manner, if necessary.
As you can see, everything is extremely simple. It is important to remember that it is almost impossible to appeal against a decision regarding inheritance. And restore missing inheritance rights too. Although judicial practice under Art. 1152 of the Civil Code of the Russian Federation is available.
About restoration of rights
Sometimes citizens do not have time to notify the notary of their decision in the allotted six months. This is a very rare phenomenon that has no place in practice. If there were good reasons for missing, then in court you can restore your inheritance rights. If other heirs enter into the inheritance, property will be redistributed. Therefore, it is better to worry about your decision in advance. And if there will be a pass of the time established by law for contacting a notary for good reason, the citizen must prepare evidence.
These may include:
- severe illness of a citizen;
- living with the testator in different cities;
- ignorance of the emergence of inheritance rights.
This is not a complete list of reasons why it is possible to restore inheritance rights in court. For example, living abroad gives a potential heir similar opportunities.
About the grounds
But in Art. 1152 of the Civil Code of the Russian Federation grounds for inheritance are not indicated. Nevertheless, everyone should know them.
The basis for the emergence of inheritance rights is the death of the property owner. It also includes judicial decisions on recognition of the dead.
As already mentioned, inheritance by law and testament is distinguished. In the first case, the fact of the death of the testator is sufficient. In the second, a will must also be presented. This document is drawn up by the testator during his lifetime.
Documents
Art. 1152 of the Civil Code of the Russian Federation (current version) allows citizens to inherit property or completely abandon this operation. As we have already said, some papers will be required to translate ideas into reality.
Namely:
- passport of a citizen of the Russian Federation;
- documents from the last place of residence of the testator;
- death certificate;
- documents for inheritance property;
- certificates confirming kinship (if any);
- testamentary papers (if any).
You will also have to write a refusal or consent to accept the inheritance. Otherwise, a visit to a notary just does not make sense.
Property Issues
Judicial practice under Art. 1152 of the Civil Code of the Russian Federation (part 4) demonstrates that the lack of evidence of property rights in real life is a serious obstacle for heirs. Without proper confirmation of ownership rights to dispose of property will not work. Only if you act in court.
Therefore, some believe that property rights arise after state registration in Rosreestr. In any case, while this paper is not there, the heir can only use the property. But to make legal transactions with property will not work.
In fact, the lack of evidence of ownership is not grounds for such restrictions. It is enough to have evidence that a particular property is transferred to the citizen by inheritance. This is precisely what Art. 1152 of the Civil Code of the Russian Federation.