Undressing property between multiple heirs is not easy. The issue becomes more complicated when one of the applicants appears after the inherited apartment is sold. If the new owner manages to prove his rights in court, he can demand the return of the amount due to him.
Who has the right to inheritance
After the death of the owner, the privatized apartment is included in the list of property subject to division among the heirs. They can claim property by law or by will. The heirs according to the law of the first stage are the husband or wife of the deceased, his mother, father and children (both relatives and adopted children). If there are no heirs of the first priority, the brother, sister, aunt, uncle, grandmother, grandfather, grandchildren or other relatives receive the right to the property.
If the deceased owner of the apartment left a will, the property is divided taking into account marital status and some other features. First, the marital share belonging to the widower or widow is deducted, the remainder is subject to division, in which the surviving spouse also participates, even if he is excluded from the will. Disabled parents and children (disabled or minors) cannot be deprived of their inheritance. In some cases, the heir under the will, to whom all the property has been signed off, receives only 0.25% of the apartment and even less, and it is quite legal. It is almost impossible to dispute such a section.
Heirs by law or by will must appear within 6 months after the opening of the inheritance. A missed deadline is considered an automatic refusal, the right to property will have to be proven in court. In this case, the defendant must have very strong evidence: detention, hospital stay, deliberate concealment of the death of the testator by other family members. If the heir knew about the death of the owner of the apartment, but did not submit an application for acceptance of the inheritance at the right time, it is extremely difficult to restore the right to it, the courts rarely side with the defendant.
However, for the heir who missed the six-month deadline, there is little chance of the property rights being returned. If, after the death of the testator, he continued to live in the hereditary apartment or visited it, bringing and taking things away, made repairs or paid for utilities, it is considered that the inheritance was accepted automatically. To establish the truth, you will need witnesses (for example, a neighbor), pre-issued registration or receipts for utility bills.
Apartment sold: what to do
The ban on transactions with inherited property lasts 6 months after the death of the former owner. It happens that the daughter or son of the deceased, having entered into the right of inheritance, sold the living space, received money for it, and another applicant for the inheritance appeared a few months after the transaction. The applicant may have known about the plans of the sellers or was completely unaware of them. Often, the heirs orally agree that one of them continues to live in the apartment, while the other is discharged and leaves, suggesting to return later. When he returns, he discovers that the apartment has changed owners on absolutely legal grounds.
The injured party has every right to go to court. If the inheritance was registered only for the seller, the second applicant will have to prove his right to the property. You can do this yourself or with the help of a lawyer. If there is evidence that the heir actually entered the inheritance or could not do this for valid reasons, his rights can be restored. The next step of the injured party is to demand termination of the illegal transaction. The heir, who registered the property for himself, is charged with arbitrariness and illegal enrichment.
Judicial practice shows that a defrauded heir rarely achieves termination of a transaction with a bona fide buyer. Usually we are talking about the division of money received as a result of the sale of housing. In this case, the plaintiff may demand from the defendant (who is also the seller of the apartment) compensation for moral damage, the costs of a lawyer and the transfer of all legal costs to him. Court hearings on such issues take a long time, but the plaintiff's chances of meeting the claims are very high. If the court found the claim legitimate, the money will have to be returned as soon as possible; if the case is refused, bailiffs may be involved in the case. In the absence of the required amount, the recovery is applied to the property of the defendant.
An easier way out is to conclude an agreement with the heir who has declared his rights. After the court allows formalizing the inheritance, the person who sold the apartment can return the due part of the money (half or less, depending on the number of heirs) voluntarily. This will help keep costs down and avoid paying moral damages. You shouldn't give money without witnesses and papers. To save yourself from further claims, you should draw up an official contract, certified by the signature of a notary. After that, the required amount can be handed over or transferred to a bank account.
