How to dispose of property of the died owners – members of cooperative

In article consultation on inheritance of property of the died member of agricultural serving cooperative is given.

AS it is CORRECT to DISPOSE of PROPERTY of the DIED OWNERS – MEMBERS of COOPERATIVE

In board of agricultural serving cooperative (further – JUICE) addressed Village Soviet executive committee concerning allocation of a part of property of the died owners, motivating the actions by that this property illegally is in JUICE as not summoned and ownerless. Whether the Village Soviet correctly arrives?

The inheritance is considered vymorochny if that it is recognized by court on the basis of the local government body statement in a place of opening of property in case of absence of beneficiaries under a will and under the law, their elimination from the right to inheritance, rejection them or refusal to accept inheritance (Art. 1277 of group of companies *). The specified statement should arrive from body of a local samoupyoravleniye after 1 year from the date of death of the owner.

If successors are and accepted inheritance according to Art. 1268 of group of companies (i.e. in common lived with nasledodateyoly at the moment of his death and within 6 months didn’t refuse inheritance; if didn’t live with a nayosledodatel, but submitted the application for nayosledstvo acceptance to notary office during 6 mesyayoets from the date of his death), they have the right raspo­ryazhatsya property to the discretion

It is necessary to notice that the certificate on the right to a nayosledstvo is necessary for receiving only on nedvizhiyomy property, and the ownership right on this property arises only after its gosregistrayotsiya (for example, structures in BTI). Certainly, and ras­poryazhatsya it is possible for them after state registration.

Thus, the definite answer on a question isn’t present, everything depends on presence of successors, namely:

• if the died members have JUICE successors and they accepted inheritance according to group of companies, there are no bases to speak about possibility of a vydeyoleniye of such property;

• if successors aren’t present, they are eliminated from the right to inheritance, didn’t accept inheritance or otkaza­lis from its acceptance, the local body of a samoupravyoleniye should submit the petition about an inheritance priznayoniya vymorochny. In this case a nayosledstvo recognized by court by vymorochny, perexo­dit in a property of a territorial community.

The civil code of Ukraine from 16.01.03 g, No. 435-IV.

(On Balans-Agro newspaper materials).

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