The shares of each heir in the inheritance are equal ! unless the According to Article testator himself has divided the inheritance between them in the will. Each of the heirs has the right to receive his share in kind.
The allocation (division) between the heirs of a share of the inheritance in kind is According to Article carried out taking into account the totality of the objects that make up the inheritance! their value! taking into account the possible allocation in kind of such a share. Such allocation (division) must not violate the rights and legitimate interests of the heirs. If the allocation (division) of a share of the inheritance is impossible! the heir may receive monetary compensation for the value of this share from another heir.
The Supreme Court of Ukraine reached similar conclusions in its resolution of May 25! 2016 in case No. 6-692ts16.
In accordance with Part Two of Article 364 of the Civil Code of Ukraine! if the allocation in kind of a share from the joint property is not permitted by law or is impossible (Part Two of Article 183 of the Civil Code of 4 tips to improve as a b2b salesperson Ukraine)! the co-owner According to Article who wishes to allocate it has the right to receive from the other co-owners monetary or other material compensation for the value of his share. Compensation to the co-owner may be provided only with his consent.
The Grand Chamber of the Supreme Court! in its resolution of February 8! 2022 in case No. 209/3085/20! noted that the recovery of compensation from one co-owner of such property in favor of another co-owner who renounces his share in the right of joint joint ownership of an indivisible thing in order to resolve the conflict regarding its use and disposal! does not constitute a forced acquisition of the right of private ownership. Moreover! the court does not deprive the defendant of his share in the right to this joint property! but by deciding to recover the appropriate compensation from the latter! balances the interests of the two co-owners who have not reached an agreement on the fate of the indivisible thing.
The defendant’s consent to the payment of monetary compensation to the plaintiff
Whose ownership right to a share in the right of joint joint ownership is terminated! is not mandatory.
The right to a share in the right of joint partial ownership use pictures and multimedia of a co-owner who received such compensation shall be terminated from the date of its receipt.
In the event of a dispute regarding the division of property between co-owners! it is the duty of the court to resolve the issue of division and compensation to one of the parties of the value of the property in kind ! therefore! referring to the fact that the co-owners did not reach an agreement regarding the division of property in kind as a basis for rejecting the claim hindi directory on the merits is an evasion of resolving the dispute.
This legal position is set out in the Supreme Court’s resolution of June 24! 2021 in case No. 219/13376/17.
CONCLUSION: Therefore! if the parties have applied to the court specifically for the division of the inheritance in the absence of an agreement on the procedure for the possession and use of joint joint property! then there is a dispute between the heirs! which must be finally resolved by the court! dividing the property in kind between the heirs who cannot use it jointly.
