Case plot:
Grinchenko V.S. was the sole heir of her husband, who died on March 26, 2016.
During the marriage, the spouses bought a garage box, the share fee was paid in full. The property was jointly owned by the spouses.
02.11.2021 Grinchenko V.S. wanted to take ownership of the garage box, but found out that the ownership of it was already registered for her son Grinchenko I.V.
After the death of his father, the son agreed with the chairman of the GSK, so that he would reissue the membership book and a certificate of full payment of the share to him. Grinchenko I.V. did not know that his mother had all the documents for the garage box.
Grinchenko V.S. turned to us for legal assistance and we began to conduct an investigation and, based on its materials, went to court with a claim to recognize the ownership of the garage box behind her.
Certificate of full payment of the share for the garage box, which Grinchenko I.V. issued by the chairman of the GSK, was negligible.
The peculiarity of such cases is that the ownership of the garage box in the GSK arises from the moment the share contribution is made, and not from the moment of state registration of the right in the USRN.
Claim by Grinchenko V.S. satisfied. Ownership of the garage box is recognized for her.
Legally significant circumstance: the fact of payment by the testator (father) of a share contribution for a garage box.
Court position:
→ the share contribution for the garage box was made by the testator (the spouse of the plaintiff);
→ there is no evidence of payment of the share contribution by the defendant (son);
→ the chairman of the GSK explained that the share contribution was paid during the lifetime of the testator (father).
Law and guiding jurisprudence:
A GSK member who has fully paid his share contribution for the garage provided to this person by the GSK acquires ownership of the garage (clause 4 of article 218 of the Civil Code, paragraph 2 of clause 11 Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29 .2010).
Grinchenko V.S. was the sole heir of her husband, who died on March 26, 2016.
During the marriage, the spouses bought a garage box, the share fee was paid in full. The property was jointly owned by the spouses.
02.11.2021 Grinchenko V.S. wanted to take ownership of the garage box, but found out that the ownership of it was already registered for her son Grinchenko I.V.
After the death of his father, the son agreed with the chairman of the GSK, so that he would reissue the membership book and a certificate of full payment of the share to him. Grinchenko I.V. did not know that his mother had all the documents for the garage box.
Grinchenko V.S. turned to us for legal assistance and we began to conduct an investigation and, based on its materials, went to court with a claim to recognize the ownership of the garage box behind her.
Certificate of full payment of the share for the garage box, which Grinchenko I.V. issued by the chairman of the GSK, was negligible.
The peculiarity of such cases is that the ownership of the garage box in the GSK arises from the moment the share contribution is made, and not from the moment of state registration of the right in the USRN.
Claim by Grinchenko V.S. satisfied. Ownership of the garage box is recognized for her.
Legally significant circumstance: the fact of payment by the testator (father) of a share contribution for a garage box.
Court position:
→ the share contribution for the garage box was made by the testator (the spouse of the plaintiff);
→ there is no evidence of payment of the share contribution by the defendant (son);
→ the chairman of the GSK explained that the share contribution was paid during the lifetime of the testator (father).
Law and guiding jurisprudence:
A GSK member who has fully paid his share contribution for the garage provided to this person by the GSK acquires ownership of the garage (clause 4 of article 218 of the Civil Code, paragraph 2 of clause 11 Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10, Plenum of the Supreme Arbitration Court of the Russian Federation No. 22 dated April 29 .2010).