THE SUPREME COURT OF RUSSIA WILL CONSIDER A CASE ON THE DISPUTE ABOUT THE DEBTOR'S PROPERTY AFTER HIS DEATH

The case on the complaint of the heiress of the deceased debtor was transferred to the judicial board of the Supreme Court of Russia. The woman demanded that the courts exclude 1/3 of the apartment's share from the bankruptcy estate, but her claim was rejected.

The situation began as an ordinary bankruptcy of an individual, who, among other things, owned a third of the ownership of the real estate.

The remaining shares were equally owned by two more individuals. Ownership interest of the debtor was included in the bankruptcy estate, and then the potential bankrupt died. The inheritance was opened, and the remaining owners declared their right to the compulsory share.

The courts of three instances dismissed the claims, noting that the applicant had not presented evidence that the apartment was occupied by persons entitled to a compulsory share. In addition, it has not been proven that these persons have no other housing.

In addition, the judges noted that the sale at auction of 1/3 of the apartment would not violate the rights of other owners to live in the disputed residential premises, but also would not limit their right to use all premises in the apartment.

However, the applicant was not satisfied with this position, and appealed to the Supreme Court Of Russia, noting that the disputed housing is his only one, and the sale of a part of the apartment at auction would violate his rights as an owner.

Now the highest court will have to solve the difficult case, the court hearing will take place on March 22 (ruling in case No. 305-ES18-3299 (8) of February 20, 2021).