Acceptance of Inheritance Based on Actual Possession

• 2023-05-05

To be recognized as an heir who accepted inheritance based on actual possession, A.O. had consciously and actively taken actions to accept the inheritance of his mother, including making payments for electricity and water services related to the jointly owned property belonging to his mother, and at the same time, residing at that address. He took active steps to preserve the property and protect it from encroachment by third parties.
In other words, A.O. had possessed and managed the immovable property within six months after his mother’s death.
Upon reviewing the circumstances of the case and the presented evidence, including statements from neighbors and the chairman of the homeowners’ association, as well as a letter from the deputy director of "Electric Networks of Armenia" CJSC, the court concluded that A.O., as the primary heir, had lived in his mother’s apartment, which was part of the inheritance, within six months after her death. During this period, he managed and took possession of the property, which indicated actions towards the management and possession of the inheritance, thereby proving that the applicant had accepted the inheritance through actual possession.
Based on the above, the court rightly concluded that the request to recognize the applicant as an heir who accepted the inheritance based on actual possession was well-founded and should be granted.

Notice: The decision of the Yerevan First Instance Court in civil case No. ED/31202/02/21 has entered into legal force.