As apartment prices remain fairlyhigh, for many Russians the opportunity to inherit the apartment can help acquire their own housing, or at least improve their financial situation.
But will this opportunity a reality, largely depends on whether the apartment was owned by the testator, or he or she resided there for the social contract of employment.
If the apartment was owned by
An apartment owner has the full rightdispose of his property as it sees fit. Nobody has the right to oblige the person to leave the apartment, which is in its property, near or distant relatives. If he wrote a will in which he pointed out the name or the names of the heirs, has given their due share of the inheritance, it will be divided according to the will of the testator. In the case where the next of kin have not been mentioned in the will, but believe that the right to apply for this apartment as heirs, they can contest the will in court.
When the will was drawn not toinheritance by law are encouraged to close relatives of the testator in the order of priority established in st.1142-1148 Civil Code. Inherit Only those relatives who belong to the same queue or receive inheritance by right of representation in place of their deceased relatives, is heir to the landlord. The inheritance is divided between the heirs of a queue in equal shares, the heirs by right of representation on all receive only that portion which relied person they represent.
If the apartment was privatized
If the apartment is not privatized and the testatorlived in it for the social contract of employment, signed on behalf of his employer, write her testament, he has the right. The actual owner of the apartment is the state or a municipality. But since living in her contract of social hiring permanent and family members have the same rights with the employer, the heirs of the apartment are the persons who are permanently registered in it. That is, one may renew the contract with the municipality on behalf of the new employer.
In the case when no longer flatIt was registered, to get her inheritance impossible. She goes to the municipality balance, which will provide it to those who stand in line for improvement of living conditions.
The only option to get such an apartment oninheritance is the case where the testator before his death, had to submit to the registration authority in the place of residence application and documents for the privatization of the apartment, but the certificate of ownership has not had time to receive. In this case, the heirs under the law is necessary in the period of six months to declare the inheritance law and finalize apartments in the property.