Art. 1158 Civil Code of the Russian Federation. Waiver of inheritance

The rules of inheritance are established by the state, which allows you to competently perform the actions. Dealing with a transaction involves many nuances that you need to know. The heir can renounce the inheritance to transfer it to other persons. Deviation in favor of citizens is impossible in cases where property is transferred by will. Also, this can not happen with an obligatory share in the inheritance.

Norms of legislation

All questions of renunciation of inheritance are regulated by art. 1158 Civil Code of the Russian Federation. The deviation can not be made when assigning a part of the property. The recipient can refuse the inheritance, if there are several grounds.

How to abandon the inheritance in favor of another heir, also spelled out in the law. Refusal to receive property can be made in favor of another person, as well as without his indication. It is possible to file a refusal under a will, a law, by the right of representation. Every citizen can decide whether to accept his inheritance or reject it.

General rules

The procedure for obtaining an inheritance prescribes the execution of several actions. According to the rules, the heir must, within 6 months after opening the inheritance, file an application with a notary or other person who carries out this work. This is approved art. 1158 Civil Code of the Russian Federation.

Often recipients who do not have the necessary knowledge, want to enter into the inheritance, not complying with the rules. They should not use the property not yet inherited. All transactions can be made only after documentary confirmation.

Between persons there can be litigation to obtain an inheritance. When the successor is not one and everyone has some property, then there are disputes over the shares. In this case, the court will help to solve the problem.

Grounds for refusal

Although real estate is a necessary thing, but with its receipt obligations are imposed. The property is transferred with the debts of the testator. For example, a deceased person did not pay for a long period of utility services, and during this time fines were assessed. According to the rules, the heir is accountable to the creditors in the area of the property price. Although the valuation of real estate is not always appropriate, and it is necessary to pay debts.

There may be other grounds for renouncing the inheritance. If the housing passed on the mortgage, then you will have to give the money to the bank. And when there were delinquencies, then fines were added. Not always insurance companies pay a debt for their client. The reasons for this can be in the contract.

Some heirs give up their property due to the fact that housing is not suitable for living. In the repair will need to invest a lot of money. Such property will not be sold. To hand over or exchange it will also be difficult.

To whom is the property transferred?

Refusal can only be voluntary. A person has the right to designate successors in the application. And the property can belong to a specific person or several. There is an opportunity to register the shares of each. If you refuse, you will have to give all the property, not part of it.

Pass the property will not work for any person. It can be transferred only to those heirs who are designated in the will of the deceased, as well as to relatives who have the right to do so. Unworthy citizens, that is, those who committed unlawful actions with respect to a person who has passed away, can not enter into the rights.

Design rules

How can I renounce an inheritance in favor of another heir? Under the law, the successor can do this with the identification of persons, and also without it. It is necessary to provide a notary with a statement, written according to an approved sample.

It must be borne in mind that conclusive actions that confirm the receipt of inheritance are grounds for the transfer of inheritance. And his rejection is not considered by the courts. There are some grounds for this.

Differences in possession from use

Art. 1158 Civil Code includes requirements for the use of property. There are 3 rights pertaining to property:

• use;
• Order;
• Ownership.

They can be from one person or several. Sometimes the powers of one kind are provided. If a person has inherited an apartment, then he can reside in it without formalizing inheritance. In this, no one can refuse. Life in an inherited housing confirms the use, possession. The court only approves the possession of property, and accommodation proves this fact. By law, possession confirms the acceptance of property.

Why do I need a written form?

The renunciation of the inheritance in favor of other persons and the rejection of a part of the inheritance differs from its non-acceptance, which is carried out with the help of a notary. It will also be necessary to carry out conclusive actions that the court must take into account for the evidence.

Advocates advise trustees to consolidate legal relations with the help of documents. This must be observed at the end of the notarization of the inheritance, the registration of the right of successors. If the entry did not take place, then the refusal can be made after the notarization.

In Art. 1158 of the Civil Code of the Russian Federation outlines the principles for conducting a transaction. On them it will turn out correctly to issue all. This can help a notary. The refusal of the inheritance is formalized under his supervision.

Why do I need to file a refusal?

To formalize the refusal of the heirs of the inheritance, the application form must be submitted to the notary. If they refused to take up this case, claiming that 6 months were missed, then the successor should take from there a written disagreement. This will be necessary to prove your rights.

Such a statement can serve as an insurance for persons who have received property. This will prevent abuse of the right of others. The document is used in court as evidence. In practice, there are often situations where the recipient is asked to provide information about the absence of heirs. If there are any disputable situations, then the citizen who wrote the unreliable information will be guilty.

The receiver of the property must indicate all persons who wish to receive their share. And it is necessary to designate their postal addresses. The information must be true.

When is failure impossible?

You can execute the cancellation of the inheritance by transferring this right to others. This citizen has the right to designate the necessary shares. If there was no distribution of ownership, then it will be divided equally. When the recipient of the property was alone, it becomes state property.

The refusal can not be executed if the heir has submitted an application to the notary for acceptance of the property in advance. Deviation from it is made with the statement of able citizens. If the recipient is not 18, the procedure is performed by the parents with the permission of the guardianship authorities. The law specifies a ban on refusing property to citizens who are not considered successors or have been deprived of the right to inherit.

Invalid failure

Since the cancellation of a refusal is not approved in the law in order to challenge rejection, one must go to court. This transaction is considered one-sided, which can be recognized as invalid. The grounds for this may be different.

There are many examples when it was required to prove the invalidity of a transaction. For example, a person could be in such a state, when he did not comprehend his actions. The recipient could refuse the property when deceived. Cancellation of the refusal is carried out in court with evidence, for example, with the provision of a certificate of health.

Receiving inheritance

Although the successor has the right to refuse to receive property, it is still necessary to take into account the pros and cons of the inheritance. Therefore, it is better to immediately decide whether it will be profitable to receive real estate. After all, if there is an abolition, then it's difficult to return everything.

You must notify your decision within 6 months after the death of the testator. The inheritance is opened in the place where the deceased lived. If it is unknown, then you need to visit the place of residence. The receipt of property by several people takes place in two ways: when they are indicated in the will, or if it is not, then everything is done in a lawful manner.

When the second option is applied, the queue is taken into account. The first are children and parents, spouses. Then follow brothers, sisters, grandmothers, grandfathers, and then uncles and aunts. If there are no heirs, then the turn goes to the following persons.

In order to receive an inheritance, it is necessary to write an application in the prescribed form. The recipient must specify a request for the receipt of property that belongs to him by inheritance. It is necessary to take with them a passport, a certificate of death of the testator. All other documents that confirm the relationship of the successor and the testator. It is necessary to provide a will certified by a notary. Other documents may also be required depending on the property: car, cottage or apartment.

In this procedure, you can ask questions to a lawyer, and even better to entrust him with the procedure for registration. After the transfer, the property becomes property, so you can make various transactions with it. The owner can use it, lease it, sell it. Also, he retains the right to transfer to the inheritance and as a gift.