RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of May 29, 2012 No. 9

About court practice on cases on inheritance

The inheritance right guaranteed by part 4 of article 35 of the Constitution of the Russian Federation provides transition of property of the testator to other persons according to the procedure, determined by the civil legislation.

Being guided by article 126 of the Constitution of the Russian Federation, Articles 9, 14 Federal constitutional Laws of February 7, 2011 N 1-FKZ "About courts of law in the Russian Federation", for the purpose of forming of uniform court practice on application of the civil legislation on regulation of the heritable relations the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. The cases arising from heritable legal relationship are connected with transition of property rights and obligations according to the procedure of universal succession from the testator to heirs. The these cases irrespective of the subject list of their participants and structure of heritable property are subordinated to courts of law (Item 1 of part 1 and part 3 Articles 22, Item 5 of part 1 of article 23 of the Civil Procedure Code of the Russian Federation, further - the CCP of the Russian Federation).

In particular, courts of law consider cases:

a) on disputes on inclusion in structure of inheritance of property in the form of shares, shares in the authorized (share) capital of economic societies and partnerships, shares of members of cooperatives, the land share received by the testator by reorganization of agricultural enterprises and privatization of lands;

b) according to requirements about payment of actual value of share of the testator in the authorized (share) capital of economic partnership or society or about issue to the part of property corresponding to it in nature, about payment of cost of share of the died member of production cooperative, etc.

Cases on the statements containing along with the requirements which arose from heritable legal relationship, the requirements subordinated to Arbitration Court which separation is impossible according to part 4 of article 22 CCP of the Russian Federation are subject to consideration and permission in court of law.

2. According to the rules of cognizance of civil cases established by Articles 23 - 27 CCP of the Russian Federation, all cases on the disputes arising from heritable legal relationship, including case on the requirements based on debts of the testator (for example, cases on actions of debt of the testator on the credit agreement, on payment of premises and utilities, on the payments in indemnification enforced by a court decision from the testator, etc.), are jurisdictional to district courts.

Cases on the requirements based on obligations which arise at heirs after inheritance acceptance (for example, on payment after opening of inheritance of percent on the credit agreement signed by the testator on utility payments for the inherited apartment, etc.) are jurisdictional to the magistrate judge as Trial Court in case of the price of the claim which is not exceeding fifty thousand rubles.

3. According to article 28 CCP of the Russian Federation claims with the requirements which arose from heritable legal relationship are filed a lawsuit at the place of residence of the defendant citizen or in the defendant organization location.

In case of dispute on the rights to heritable property which part several real estate objects which are in the territory of jurisdiction of different district courts are and also about the Section of such property the claim concerning all these objects can be made in the location of one of them in the place of opening of inheritance. If in the place of opening of inheritance real estate objects are not, claim is submitted in the location of any of them.

In the specified cases the address with the claim excludes the appeal to other courts (the action for declaration shown in other court is subject to return based on Item 5 of part 1 of article 135 CCP of the Russian Federation).

Requirements about recognition invalid the will which contains orders concerning real estate objects are shown with observance of general rules of cognizance of civil cases. If in case of contest of the will by the claimant also requirements about recognition of the property right to heritable property are declared, the claim is subject to consideration in the location of real estate objects.

Claims of creditors of the testator before inheritance acceptance by heirs are made in court in the place of opening of inheritance (parts 1 and 2 of article 30 CCP of the Russian Federation).

The claims connected with the rights to the real estate which is abroad are permitted by the right of the country where there is this property.

4. Statements for establishment of the dispositive facts connected with heritable legal relationship according to article 266 CCP of the Russian Federation are filed a lawsuit at the place of residence of the applicant, except for statements for establishment of the facts of ownership and use of real estate for the purpose of recognition of the succession law which is filed a lawsuit in the location of real estate.

5. Based on Item 3 of Article 1151 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation), and also article 4 of the Federal Law of November 26, 2001 N 147-FZ "About enforcement of part three of the Civil code of the Russian Federation" until adoption of the relevant law determining order of succession and accounting of the heirless property which is carrying over according to the procedure of inheritance under the law the Russian Federation and also procedure for its transfer to property of subjects of the Russian Federation or in property of municipalities by consideration by courts of cases on inheritance on behalf of the Russian Federation the Federal Agency for State Property Management (Rosimushchestvo) on behalf of its territorial authorities performing according to the procedure and the limits determined by the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation, power of the owner of federal property acts and also function on acceptance and management of heirless property (Item 5.35 of the Regulations on Federal Agency for State Property Management approved by the order of the Government of the Russian Federation of June 5, 2008 N 432); on behalf of the federal cities of Moscow and St. Petersburg and municipalities - their relevant organs within the competence established by the acts determining the status of these bodies.

6. The court refuses adoption of the action for declaration shown to the died citizen with reference to Item 1 of part 1 of article 134 CCP of the Russian Federation as to bear responsibility for violation of the rights and legitimate interests of the citizen only person having civil and civil standing in court can.

If the civil case according to such action for declaration was initiated, proceeedings are subject to the termination owing to the paragraph of the seventh of Article 220 GPK of the Russian Federation with indication of on the claimant's right to the address with the claim to the heirs who accepted inheritance, and before inheritance acceptance - to the testamentary executor or to heritable property (Item 3 of article 1175 Civil Code of the Russian Federation).

7. Receipt of the certificate on the right to inheritance is the right, but not obligation of the heir therefore lack of such certificate cannot form the basis for refusal in adoption of the action for declaration on dispute on inheritance (article 134 CCP of the Russian Federation), returns of such action for declaration (article 135 CCP of the Russian Federation) or its leaving without movement (article 136 CCP of the Russian Federation).

8. In the absence of properly the processed documents confirming the property right of the testator to property, before the expiration of inheritance acceptance (article 1154 Civil Code of the Russian Federation) requirements of heirs about inclusion of this property in structure of inheritance and if in the specified time the decision was not passed, - also requirements about recognition of the property right according to the procedure of inheritance are considered by courts. If the requirement about recognition of the property right according to the procedure of inheritance is declared by the heir during inheritance acceptance term, the court stops proceeedings before the expiration of the specified term.

9. Heirs of the buyer according to the purchase and sale agreement of the real estate who died before state registration of transition of the property right to the real estate in case of dispute have the right to address with the claim the seller for the specified agreement on state registration of transition of the property right to heirs.

10. The court approves voluntary settlements on the cases arising from heritable legal relationship only in cases if it does not violate the rights and legitimate interests of other persons and regulations of the civil legislation permission of appropriate questions by agreement of the parties is allowed.

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