The Ministry of Justice promulgated the procedure for recognizing the right to a land plot
Registration of ownership of a land plot by a person entitled to a land share (share), first of all, presupposes that such a person has a document confirming the corresponding right to a share. One of these documents is a court decision on the recognition of the right to a land share (share).
This was reported on Facebook by the Office of Counteracting Raiding of the Ministry of Justice.
So, in case of obstacles in obtaining a certificate for a share, a person has the right to use a judicial form of protection.
The heirs of deceased former members of collective agricultural enterprises, agricultural cooperatives, agricultural joint-stock companies, including those created on the basis of state farms and other state agricultural enterprises, can also apply for recognition of the right to a share.
"At the same time, the analysis of judicial practice indicates the complexity of this category of cases, both in matters of proving the facts that substantiate the claims, and in the correct legal qualification of the existing legal relations of the parties," the message says.
It is noted that the plaintiffs quite often receive a refusal to satisfy the claim due to the lack of evidence of the claim, in particular, the fact of membership in the above enterprises.
In addition, for the heirs, the proof of the fact of the testator's membership in such enterprises is not enough, since they must also prove the fact that the testator has the right to the specified share (share).