You may also have encountered problems regarding the ownership of inherited property. In such cases, there are many ambiguities and questions about your and other people’s rights. Join us to answer all these questions in simple language.
Property and real estate that can be acquired from the point of view of the constitution
In the division of the country’s constitution, people’s property is divided into two separate categories. These two categories include movable property and immovable property. In order to clarify the issue as much as possible, we will first give a complete definition of each of the above concepts. It should be said that property ownership means more in real estate.
Movable property refers to objects and properties that can be moved from one place to another without causing damage to the property. Of course, in these transfers, no damage should be caused to the environment and place of transfer. All things that are used for transportation, such as cars, ships, boats, etc., are included in this category.
The second category refers to immovable property. Immovable property is property that cannot be transferred from one place to another for people. Of course, if the transfer of money requires damage and destruction to the property itself or its location, it is classified as immovable property. The inability to transfer this property may be due to the inherent characteristics of the property, such as a piece of agricultural or residential land, etc. Property ownership is in this area.
Of course, in some cases, due to human intervention, property may lose its ability to be transferred from one place to another, in which case it is also considered as immovable property.
Inheritance and inherited property
After the relative understanding of the concepts related to property, we will review the concept of inheritance. Inheritance to people generally includes descent. People who can inherit property from other people and own the property of the deceased due to their lineage are placed in the third class.
– The first class is the inheritance of children and parents. This concept can be more fully summarized in the phrase parents and children.
– The second category includes brother and sister inheriting from each other. This group can also be described with the comprehensive expression of inheriting ancestors, brothers, sisters and their children.
– The last category of causal inheritance includes the group of uncles and aunts and uncles and aunts and their children.
Of course, it should be known that in hereditary property, the heirs of each class inherit when the heirs of the previous class are not available. Likewise, if one of the spouses is alive at the time of his spouse’s death, he inherits property from his deceased spouse and can own his property. It should be noted that this case is included in the category of causal inheritance.
It is not without grace if we know that the ownership of the heirs is realized by the real death or by the hypothetical death of the heir. The heirs’ ownership of the deceased’s estate or his inherited property is not established until after the payment of the rights and debts owed to the deceased’s estate. Rights and debts belong to the estate of the deceased and must be paid before its distribution.
How to own a property
In order for a person to own a property, various cases have been established in the Constitution of the Islamic Republic of Iran. These are as follows:
– Revival of favorable lands and possession of permissible objects
– Through contracts and commitments
– Through intercession
– Inheritance
In any of the above cases, the person will be the owner of his property and will have the right to interfere in it. The purpose of revitalization of Mowat lands is that a person or persons rehabilitate Mowat and Mobahah lands through various activities. Development in this section has a conventional meaning, that is, after carrying out a series of actions, the land that was unused or unused becomes a developed land in the eyes of the general public, in this case, the person will own the property.
In order to improve the land, people can engage in various activities, including building residential or commercial buildings, or improving the land by planting crops.
Contracts and obligations refer to the fact that one person or more than one person makes one or more commitments to a person or a group of people to perform work or affairs. Of course, the main condition of contracts and obligations is that the obligation obtained is agreed upon by both parties and no physical force is imposed on people to accept the obligation.
In relation to the third case of property ownership, i.e. through intercession, it should be said that if the immovable property is divisible between two people and one of the two partners transfers his share to a third party with the intention of selling it, the other partner has the right to the price given by the customer. give it to him and take possession of the sale share.
What is meant by inherited property?
The word property refers to a piece of land. In the same way, the term inheritance refers to property or a right that is given to others who are still alive after the death of a person; Therefore, by putting together the mentioned explanations, it can be said that inherited property refers to properties or lands whose owners have died and now, according to the current conditions and laws of the country, they must be divided among the heirs of that person and the heirs have property ownership.
Regarding the ownership of the inherited property and who is considered the heir of a deceased person and how much of the property belongs to him is determined according to the laws, unless the person prepares a legal and valid will while he is alive, in which his heirs and Clearly specify the amount of each share. If the deceased person has more than one heir, all the heirs have joint ownership of the property left behind.
Necessary evidence to prove property ownership
In general, the necessary proofs needed to prove ownership in real estate claims are divided into four categories: confession, document, testimony, and proof of possession.
Confession
Confession is one of the cases of proving the ownership of a property. Apart from the use of complex legal words and phrases, this case has a simple meaning and explanation. This means that if someone takes possession of a property and another person claims that the seized property is his and the possessor confirms this, the property belongs to its original owner and there is no need for another testimony; In other words, in this case, the occupier and the original owner of the property both claim that the property belongs to the original owner.
Document
A valid and legal document is one of the best and most reliable ways to determine property ownership. This document can be both in the form of an official document and in the form of an affidavit. To ensure the authenticity of the document, you must refer to the notary office to prepare it. Documents that are written at home, by a real estate consultant, etc., and without going to a notary office, are not very reliable.
Witness
Testifying to prove the ownership of a land is a familiar word for everyone. According to the constitution, two righteous men must testify that the property in question belongs to a specific person. Likewise, the testimony of two women and one man is also sufficient to prove the property.
Amarah
If a person seizes a particular property in a way that he is the owner of the property from the point of view of the people and has property ownership on the land, he will also be the owner of the property from the point of view of the law. Of course, if the possession of the possessor is outside of ownership and as a representative of a specific person, this case will not include his status.
|
Necessary evidence to prove property ownership |
Brief definition |
|
Confession |
Acknowledgment of the possessor herself |
|
Document |
Preparing a legal and valid document |
|
Witness |
Certification of more than one person to prove ownership of property |
|
Amarah |
Possession of a person based on the ownership of a land |
The role of lawyers in proving ownership of inherited property
The court scene is just like the scene of life; Full of challenges and obstacles. In the meantime, only the people who speak on time and with sufficient reasons will be successful. Among them, there are many institutions that provide legal services to people. Dadista Institute, an institution with the best lawyers and experienced and committed staff, is an option that you will never regret choosing to prove the ownership of your inherited property.