If an apartment is privatized for three people there is a certificate of registration, can the heirs who did not participate in?



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If an apartment is privatized for three people there is a certificate of registration, can the heirs who did not participate in? and got a better answer

Response from
If there is no will, there is an inheritance by law. First, the heirs of the first order of succession are called. All heirs inherit in equal shares. The heirs of the first order are Article 1142 of the Civil Code: children including adopted deceased, the spouse of the deceased; parents of the adoptive parents of the deceased. Without knowing who the third parties are, on whom the apartment was privatized, it is difficult to comment. Let me give you an example: If, for example, the apartment is privatized for 2 people, the mother and one of her daughters, in the event of the death of the mother opens a legacy for the part of the apartment belonging to her, and this inheritance can be claimed by all the heirs of the deceased. Thus, all the daughters are first priority heirs and inherit in equal shares. That is, each of them will receive 1 / 4 of the apartment, as the mother owns 1/2 of the apartment, they will share it in equal shares. If the mother would like the apartment to go to 1 daughter, she needs to leave a will. However, you should keep in mind that there are persons who have the right to an obligatory share of inheritance, regardless of the content of the will - see Obligatory share of inheritance. For example, if the 2nd sister will be 55 years old at the moment of opening the inheritance, she will belong to the category of disabled children of the testator and will have the right to an obligatory share in the inheritance. Prior to March 1, 2002, the rights of all heirs in dividing an inheritance, including indivisible property, were equal. As a rule the apartment was indivisible, i.e. it could not be divided in kind into separate parts between heirs. Since March 1, 2002 the law establishes a priority right of a number of heirs to receive indivisible things and also objects of usual household furnishings and amenities over other heirs in dividing the inheritance. In the first instance the co-owner of the deceased has such a right, i.e. the daughter living with her mother has a priority right to receive a share of the apartment. However, if as a result of such division she will receive more property than her inherited share, this discrepancy must be corrected by compensating the other heirs - see Section of inheritance priority. Respectfully,

Response from 0[+++++]
If there is no will, there is an inheritance according to the law. First, the heirs of the first order of succession are called. All heirs inherit in equal shares. The heirs of the first order are Article 1142 of the Civil Code: children including adopted deceased, the spouse of the deceased; parents of the adoptive parents of the deceased. Without knowing who the third parties are, on whom the apartment was privatized, it is difficult to comment. Let me give you an example: If, for example, the apartment is privatized for 2 people, the mother and one of her daughters, in the event of the death of the mother opens a legacy for the part of the apartment belonging to her, and this inheritance can be claimed by all the heirs of the deceased. Thus, all the daughters are first priority heirs and inherit in equal shares. That is, each of them will receive 1 / 4 of the apartment, as the mother owns 1/2 of the apartment, they will share it in equal shares. If the mother would like the apartment to go to 1 daughter, she needs to leave a will. However, you should keep in mind that there are persons who have the right to an obligatory share of inheritance, regardless of the content of the will - see Obligatory share of inheritance. For example, if the 2nd sister will be 55 years old at the moment of opening the inheritance, she will belong to the category of disabled children of the testator and will have the right to an obligatory share in the inheritance. Prior to March 1, 2002, the rights of all heirs in dividing an inheritance, including indivisible property, were equal. As a rule the apartment was indivisible, i.e. it could not be divided in kind into separate parts between heirs. Since March 1, 2002 the law establishes a priority right of a number of heirs to receive indivisible things and also objects of usual household furnishings and amenities over other heirs in dividing the inheritance. In the first instance the co-owner of the deceased has such a right, i.e. the daughter living with her mother has a priority right to receive a share of the apartment. However, if as a result of such division she will receive more property than her inherited share, this discrepancy must be corrected by compensating the other heirs - see Section of inheritance preemptive right. Respectfully,

Response from 0[+++++]
Yes.

Response from 0[+++++]
Sure. Privatization and residency have nothing to do with inheritance.

Response from 0[+++++]
What do you mean claim? They can't claim anything while the owners of the apartment are alive. When the owner dies, the direct heirs can claim a portion of the apartment the deceased owned, but as long as he didn't leave a will. If there is a will, everything should go to the person to whom this part is bequeathed. And then how to give part of the apartment? The new owner must offer the other owners of the other parts to buy this part. If they refuse and refuse at the notary, then the apartment will need to be divided in court. Children of the deceased's spouse or parents are direct heirs. No nephews or sisters.

Response from 0[+++++]
heirs of the owner, of course.

 

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