SON FOR FATHER: VS DEMANDED TO EVALUATE THE PROPERTY OF THE HEIR

Andrey Bogdanov appealed to the Supreme Court with a complaint against the decision of the cassation, which recovered 350 thousand rubles from him for a car purchased by his late father from the company Promextek. The reason for this decision was the bankruptcy of the company and the subsequent recognition of the transaction as invalid.

Bogdanov Sr. completed the deal in 2019. The GAZ-33104 car, released in 2005, was bought for 10 thousand rubles and soon removed from the register in the traffic police. The reason was the loss of the vehicle. A year later, Alexey Bogdanov died, and the company that sold the car was declared bankrupt.

The bankruptcy trustee considered that the transaction was made to the detriment of the interests of creditors and through the court recognized it as fictitious. Since it was impossible to put the lost property up for auction, the average market value was recovered from Andrei Bogdanov as the heir (case no. A41–70924/2020).

His appeal led to a revision of the court verdict. The instance decided that the responsibility of the heir is possible only within the scope of the value of a specific property that passed to him from his father. Since by the time the case was considered in court, the inheritance estate had not yet been formed, the court considered the collection of the testator's debt to be inconsistent with the norms of law.

However, the district court, where the bankruptcy trustee sent the complaint, recognized the decision of the first instance as legitimate. Andrey Bogdanov was forced to complain to the Supreme Court. The latter pointed out the illegality of the verdict of the cassation. The economic Board considered that the recovery of 350 thousand from the heir was premature, since the courts did not assess the real value of the property that was inherited.

As a result, the lawsuit was again sent to arbitration in the Moscow region. The judges decided that the consequences of invalidating the contract require an assessment of a specific property.

Photo by Freepik