Subject of the Dispute: Establishing the Fact of the Daughter’s Residence with the Mother at the Time of Inheritance Opening and Recognizing Other Heirs as Not Having Accepted the Inheritance.
Main Arguments of the Court: The Supreme Court drew attention to the fact that the place of registration does not always mean the actual place of residence, and for inheritance, it is important to prove the actual permanent residence. The courts of previous instances incorrectly approached the evaluation of evidence, not properly investigating the documents confirming the plaintiff’s place of residence, and prematurely denied the satisfaction of the claim.
Court Decision: The Supreme Court canceled the decisions of previous instances and referred the case for a new review to the appellate court for a complete and comprehensive investigation of the circumstances.
