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BLOQ

27.04.2023
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What is included in the inheritance and at what point is the property considered inherited?

In accordance with Article 1151.1 of the Civil Code of the Republic of Azerbaijan, inheritance (inherited property) includes a set of property rights (inherited asset) and duties (inherited liability) that the bequeather had until the moment of his death. Assets of inheritance are a person's rights, and liabilities of inheritance are the obligations he has to perform. According to Article 1153 of the Code, property rights and duties of a personal nature and which can belong only to the legatee, as well as rights and duties stipulated in the law or contract, which are valid only during the person's lifetime and are terminated upon his death, are not included in the inheritance.

Bequest refers to transferring an individual's inheritance to other individuals after his death. The transfer of inheritance is carried out in accordance with the norms of inheritance law. Bequest is divided into bequest by law and bequest by will. In the case of the bequest by law, the right of ownership and possession of the property passes directly to the heir from the moment the person dies and the inheritance is opened. For this, the heir is not required to know about it and accept the inheritance. The heirs of the deceased person in the first place or the heirs in the second place in succession specified in Article 1159 of the Civil Code can approach the State Registry of Real Estate Service (notary) and declare that they are heirs and receive an inheritance certificate. On the basis of this certificate, a person can register the property registered in the name of the deceased in his own name.