See more
Publication date: 08.05.2024
Lawyer
Registration of inheritance is an important process, which involves compliance with the procedures and rules established by law. The notary plays a key role in this process, ensuring the legality and correctness of all actions. However, there are situations when the notary's decisions or actions may appear controversial or illegal. In such cases, the heirs have the right to challenge them in the prescribed manner. In this article, we will consider the procedure for appealing the decisions and actions of the notary during the registration of inheritance.
An appeal against the notary's decisions can be initiated if a person believes that the decision violates his rights or interests.
Grounds for appeal:
Decisions or actions of the notary during the registration of the inheritance can be appealed in cases where they contradict the requirements of the law or violate the rights and interests of the heirs. Among the main grounds for appeal, the following can be distinguished:
1. Illegal refusal to perform a notarial act (for example, refusal to issue a certificate of the right to inheritance).
2. Violation of established inheritance registration procedures.
3. Incorrect interpretation or application of legislation.
4. Violation of the rights and legitimate interests of the heirs.
Appealing decisions and actions of a notary when registering an inheritance:
1. Submission of a written complaint to a notary public. First, it is necessary to submit a written complaint directly to the notary who performed the act or refused to perform it. The complaint should clearly state the reasons for disagreement with the notary's actions and the demand for their cancellation or revision.
2. Appeal to the court. If the notary refuses to satisfy the complaint or does not respond to it within the period established by law, you can apply to the court. The legal process involves the submission of a statement of claim, which specifies the circumstances of the case, evidence of the illegality of the notary's actions and demands to the court.
3. Consideration of the case by the court. The court considers the case based on the evidence and arguments of the parties. After the review, the court renders a decision, which can be challenged on appeal
When considering a case in court, it is important to provide adequate evidence that confirms the illegality of the notary's actions or decisions. These can be documents, witness statements, expert opinions, etc.
Consequences of appeal:
If the complaint or lawsuit is satisfied, the court may make a decision to recognize the notary's actions or decisions as illegal and oblige him to perform certain actions or refrain from them. Also, the court can oblige the notary public to compensate for damages or moral damage.
It is important to remember that contesting the decisions and actions of the notary during the registration of the inheritance is a legal right of the heirs, and it must be done in strict accordance with the established procedures and deadlines.
Features of inheritance registration in 2024:
In 2024, the legislation was amended to take into account the conditions of martial law. Yes, applications for acceptance of inheritance can be submitted to a notary regardless of the place of inheritance opening.
Conclusion:
Appealing the decisions and actions of the notary during the registration of inheritance is an important tool for protecting the rights of heirs. Following the established procedure and providing appropriate evidence, the heirs can defend their interests and ensure the legal registration of the inheritance.
Appealing the actions of a notary
