Subject of Dispute: Invalidation of the Certificate of Inheritance Rights and Recognition of Ownership of a Portion of Inherited Property.
Main Arguments of the Court:
1. The court deviated from the previous position of the Supreme Court regarding inheritance terms and recognized that a three-year statute of limitations applies to claims for invalidation of the certificate of inheritance rights.
2. The commencement of the statute of limitations is associated with the date of issuance of the certificate of inheritance rights – February 25, 1984, and not from the moment when the person became aware of the violation of their right.
3. The fact that the plaintiff did not receive the certificate of inheritance rights cannot be a basis for non-acceptance of the statute of limitations, as the issuance of the certificate to another heir prevents the registration of inheritance rights.
Court Decision: To leave the cassation appeal without satisfaction, and the court decisions of previous instances – unchanged.
