I was approached by two sisters with a problem in the hereditary case, as during the life of their mother left a will 1/2 of shares of each of the daughters on all movable and immovable property available for the day of death.
As it turned out during the consultation that after her mother died they asked the notary, with the aim of joining the bequest inherited 1/2 share of an apartment in Moscow, where they lived and their late mother.
The sisters were assured that this apartment was owned by his mother, even had the contract for the sale of this apartment, but there was no evidence of ownership.
At the request of the notary to the Department of housing policy of Moscow, the latter said that the apartment of the deceased on the date of death does not belong, and belonged to third parties. In Management of Federal service of state registration, cadastre and cartography in Moscow there was no information who is the owner.
At the confluence of these circumstances the notary refused sisters (heirs) about joining the legacy at the aforementioned apartment.
I have addressed in Savelovsky district court of Moscow the statement of claim about a recognition of the right of ownership of the apartment by way of inheritance to the defendant UGP and ZHF of the Russian Federation in Moscow, as the apartment could become the property of the defendant.
Proving the right of ownership of the deceased on the disputed apartment, the court in a civil case 2-5373/14 completely satisfied the claim and recognised the right of ownership for a 1/2 share for sisters.
Sincerely, lawyer Vladislav Lyzhin.