Main points
- The heir must apply to a notary with a request to accept the inheritance in shares no later than six months from the date of the testator's death.
- If you lose documents for a share, you must restore them through the State Geocadastre or prove the right of inheritance in court to complete the inheritance registration procedure.
Registration of inheritance by share / Photo Pixabay
Registration of inheritance in shares is a common procedure and allows the heir to fully use the land. For successful registration, you need to know the important details and features of the procedure provided for by law.
Features of registration of inheritance in shares
Lawyer Larysa Kys told Channel 24 that the registration of an inheritance for a land share occurs through the heir's application to a notary with a request to accept the inheritance. The application must be submitted no later than six months from the date of the testator's death.
Larisa Kys
Lawyer of the De Jure Law Firm
The notary must provide documents confirming that the deceased had the right to use the share: a State act of ownership of land or an extract from the State Register of Real Property Rights to Real Estate and a Certificate for the share.
What actions should be taken if land documents are lost?
The lawyer also emphasized that if the documents for the share were lost, they must be restored – obtain a copy of the state act for the share from the State Geocadastre. If the certificate for the share is lost, the heir should go to court and prove that the testator had the right to a part of the collective land.
Evidence may include:
- extracts from the Books of Registration of Certificates for Land Shares (shares), indicating the details of the issued certificate, which are provided by the territorial bodies of the State Geocadastre;
- extracts from the Books of Records of Registration of State Acts on Land Ownership;
- certificates from village and settlement councils indicating information about land plots registered under the testator.
Please note! After receiving a positive court decision, the heir will be able to complete the procedure for registering the inheritance, obtain a certificate of the right to inheritance, and subsequently complete the procedure for allocating a land plot and registering ownership of the land plot.
“Passport” of land: in which cases is an extract from the cadastre mandatory?
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An extract from the State Land Cadastre is a necessary document for all legal actions with land plots.
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The extract is provided free of charge to confirm the state registration of the land plot and contains all information from the Land Register, including the cadastral plan.
In fact, without such an extract, it is impossible to perform any legally significant action regarding the land plot, as well as to obtain official information about it, which is contained in the State Land Registry. In certain cases specified in the law, extracts are provided free of charge, in others – on a paid basis.