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How to Register a Car Received as an Inheritance. Clarifications from the Supreme Court
In the situation we are talking about, after the death of his wife, the man received a certificate of inheritance, but not all of her property. The citizen had two cars registered to his wife that were not registered in his name, but he tracked them down and took out OSAGO. The city authorities demolished the illegally parked carports and moved them to free parking lots. Without a certificate of inheritance, the family car was not transferred to the widower. The same document was required in local courts, where citizens had to apply. The Supreme Court of the Russian Federation had to explain why this was illegal and how to protect yourself in such a situation.
Thus began a difficult situation with the inheritance. After the death of his wife, the husband, as the sole heir, received certificates of inheritance for a cash deposit, an apartment, a garden house and land.
She also had two cars. The widower worked on the car, although he did not obtain a certificate from a notary. Two years later, the city authorities began to improve the area, including removing metal canopies from parked cars of citizens and demolishing illegal buildings. The car was transported to a special place for free storage. Hyun explained that the car would be handed over to him only after the documents for the right of ownership were submitted.
The man did not have a certificate of inheritance for this particular car, so he went to the local court. There, the citizen noted the fact of actual ownership of the car and demanded its return and compensation for losses and moral damages.
The court did not satisfy his demands, but stated that the citizen could not prove that the car belonged to him. He had to provide a certificate of inheritance indicating this car. The certificate that the man is the sole heir of his wife did not convince the court. First, the city court agreed with this approach, and then the Cassation Court. This dispute was confirmed by the Pravo.ru portal.
The Supreme Court of the Russian Federation investigated the dispute, but did not agree with its colleagues. The Supreme Court emphasized that the man accepted part of the inheritance and received a certificate of ownership for it. This means that he accepted the entire inheritance as the sole heir, whatever it was and wherever it was located. Moreover, the sole heir may, but is not required to, receive a certificate of inheritance, the judge explained. The Supreme Court also mentioned the possibility of actual acceptance of the inheritance. This can be verified, for example, by the vehicle registration document. A claim for the return of a car cannot be denied due to the absence of a certificate of inheritance.
Experts say that the Supreme Court is developing a general idea. The court must carefully study the factual circumstances of the case. And consider the situation not purely formally, but from the point of view of the participant in the conflict whose rights have been violated. Lawyers advise heirs to list all known property of the testator when filing an application to the notary for acceptance of the inheritance.