SUPREME COURT OF RUSSIA EXCLUDED BROTHERS AND SISTERS FROM THE CIRCLE OF CLOSE RELATIVES

In early October, the Supreme Court considered the case on the claim of the sister against her brother.  The demand was to terminate the defendant's right to use the plaintiff's property.  The disputed residential building had passed into the applicant's ownership several years earlier, after the sale of the property by her mother.

The agreement stated that along with the transfer of ownership, the right to use the house for the brother who was registered in the disputed house was terminated. After the deal and in view of the conflict with his sister, the defendant left home and has not lived there for several years, paying no utility bills.

Considering the case in the court of first instance, the law was on the side of the plaintiff and satisfied the application, but in the next two judges considered the defendant to be right.

Supreme Court of Russia put an end to the case, indicating that the housing legislation refers only children, spouse and parents to the family members of the owner of the real estate. The rest of the persons can be considered as such only in the case of their introduction as the above mentioned relatives.

Thus, until the sale of the house, both children of the former owner lived in it legally, however, after re-registration and change of the owner of the house, further residence of the defendant was possible only if the plaintiff considered him to be among his close relatives, which was not done.

As a result, the decisions of the appeal and cassation courts were canceled, and the case was sent for reconsideration.