The Principal appealed to a lawyer to establish the fact of acceptance of the inheritance under court order.

On May 15, 2018, Savelovsky District Court of Moscow denied the Principal’s claim with reference to the unproven fact of accepting the inheritance, failure to provide evidence of missing a deadline for applying for a notary with an application for acceptance of the inheritance for valid reasons, despite of the large number of evidence in the case.  At the same time, the counterclaim of the Moscow City Department of Property on the recognition of escheat and recognition of property rights to 1/6 of the share in the apartment was satisfied by the court of the first instance.

The lawyer prepared an appeal with reference to the case sheets, which contain the necessary evidence of the fact of acceptance of the inheritance by the Plaintiff, evidence of missing a deadline for applying for a notary with an application for acceptance of the inheritance for valid reasons, with reference to the Resolution of the Plenum of Supreme Court of the Russian Federation, which allows to consider the data documents evidence.

On November 12, 2018 on the appeal of lawyer Moscow City Court fully repealed the resolution of Savelovsky District Court of Moscow, the claims of the Principal fully satisfied.  The fact of acceptance of the inheritance by the Plaintiff was established, the right of ownership of the Plaintiff to the estate was recognized, and the counterclaim of Moscow City Property Department was completely denied.

Lawyer T.A.Bogomolova took part in the development of the legal position and conduct of the case.