Hereditary case - monetary compensation of inherited property

The essence of the matter

The inheritance, which represents real estate - the house, it was recognized as escheated (the escheated inheritance is when none of the heirs inherited inheritance property in a timely manner, and the inheritance is withdrawn in favor of the state). Consequently, the decision of the executive committee of the local government body donated the house to other persons. Later, the disputed property was recognized as such that it was not kept in the ownership of the territorial community, which made it impossible for the client’s right to claim the inheritance in kind. And, the court refused in collecting monetary compensation from the local government. The court of first instance substantiated the refusal by the fact that in favor of third parties the above property was transferred by free.

Lawyer position

The lawyer filed an appeal against the decision of the court of first instance, in which attention was drawn to the incorrect application of the rules of substantive law. In particular, according to the existed decisions of the Chamber of Civil Cases of the Supreme Court of Ukraine, it can be concluded that the payment of monetary compensation is appropriate in both cases as for the sold property (escheated estate) and as for other methods of alienation (including - transferred by free).

Result

The complaint was satisfied by the appellate court, the decision of the court of first instance was annulled.