Disputes about the right of inheritance
If, within three months from the date of notification provided for in the previous part, the absent heir does not notify the other heirs of his desire to participate in the agreement on the division of the inheritance, the remaining heirs have the right to make a division by agreement among themselves, allocating the share due to the absent heir P. filed a lawsuit against A., G., private notary R. on the invalidation of the certificate of inheritance, arguing that after the death of her grandmother E., on the line of her father A., an inheritance was opened in the form of a house building with a plot of land located at 107 Alimbetova Street, Shymkent (hereinafter referred to as the disputed house). On April 4, 2013, the defendants obtained a certificate of equal inheritance rights without her knowledge, thereby violating her rights as an heir. She did not miss the deadline for accepting the inheritance, as she applied to the notary in a timely manner. By the decision of the Al-Farabi District Court of Shymkent dated March 16, 2018, P.'s claim was satisfied. The certificate of inheritance rights dated April 4, 2013 for the disputed house, issued by notary R., was partially invalidated by the decision of the Judicial Board for Civil Cases of the South Kazakhstan Regional Court dated June 4, 2018, the court's decision was overturned with a new decision to dismiss the claim. The Judicial Board for Civil Cases of the Supreme Court overturned the decision of the appellate instance, upholding the decision of the court of first instance on the following grounds. It follows from the case file that A., who died on December 27, 2007, was the son of E. and the father of P.
Consequently, the plaintiff, in accordance with paragraph 1 of Article 1061 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), is the heir of the first stage, as well as the children of E. – A., G. After the death of E. hereditary property was opened in the form of a disputed house. According to the certificate of inheritance dated April 4, 2013, issued by notary R., A. and G. became heirs in equal shares. The case file confirms that on March 12, 2012, P. applied to notary B. for an inheritance certificate, which was registered in accordance with the procedure established by law. In this statement, P. She indicated all the heirs, including G. and A. Rejecting the claim, the court of appeal concluded that when applying to notary B. the applicant had not submitted title documents for the disputed house, and therefore there were no grounds for notary B. to open an inheritance case. At the same time, in accordance with the requirements of Article 1072-1 of the Civil Code of the Russian Federation, the plaintiff applied to a notary within the time limit prescribed by law. In this case, she did not miss the deadline. Moreover, according to Article 1077 of the Civil Code, if there are persons among the heirs whose location is unknown, the other heirs, the executor of the will (the estate manager) and the notary are obliged to call them to inheritance. If the absent heir called to inherit, whose location has been established, has not renounced the inheritance within the period provided for in Article 1074 of the Civil Code, the other heirs are obliged to notify him of their intention to divide the inheritance.
If, within three months from the date of notification provided for in the previous part, the absent heir does not notify the other heirs of his desire to participate in the inheritance division agreement, the remaining heirs have the right to make a division by agreement among themselves, allocating the share due to the absent heir. The court of first instance found that P., within the time limit prescribed by law, applied to a notary for a certificate of inheritance under the law. According to her application by notary B. An inheritance case was opened, which is confirmed by a letter dated June 15, 2012. The other heirs, having registered the inheritance with notary R., did not inform the plaintiff of their intention to divide the inheritance. In such circumstances, the court of first instance legitimately satisfied the claims of P.
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