Statement to establish the fact of relatives. Establishing the fact of family relationships: cases, documents, procedural features

Family relationships give rise to many mutual rights and obligations. As a rule, this is associated with receiving child support or financial support for parents from the children. Kinship relations are of fundamental importance for inheritance relations.

In this case, it is often necessary to establish the fact of relationship. Such situations give rise to many disputes and conflicting interests. Situations are resolved only in the courts through litigation. It is impossible to establish the fact of a family relationship in any other way.

Grounds for establishing the fact of family relations

If you are interested, you should find out this fact. All subsequent actions of the person will depend on this. For example, a woman claims to receive alimony from a man. In order for payments to be made legally, it is necessary to find out the genetic identity of the child to the parent.

That is, it is necessary to determine the fact of family relationships. The further fate of the claim for alimony will depend on this. The same applies to legal heirs. To receive a share in property, it is necessary to confirm the fact of relationship.

The basis for starting the judicial establishment procedure is the corresponding statement of claim. This is a necessary document, without which the heir or other interested party will not be able to begin proceedings.

Who is an interested party in an application to establish a family relationship?

According to civil law, an interested party is the person whose rights and interests are affected as a result of going to court. Therefore, it is necessary to determine the circle of such persons. According to the law, the need to recognize kinship affects the interests of the following persons:

• directly to the heir. After all, the testator might not know about his birth and, accordingly, such a person will not be included in the will. Meanwhile, birth and right to property are confirmed through legal proceedings;
• this person will be the parent or guardian of the child who is the heir. Due to his age, the child does not have the opportunity to independently defend his interests. Consequently, this will be done by his parent, adoptive parent or guardian;
• A special case may be when government agencies act in the interests of the child. This may be the guardianship and trusteeship authority or the prosecutor's office. Bodies under the legislation of the Russian Federation are empowered to file claims in the interests of minors. For example, a child is in an orphanage and cannot submit an application on his own. Therefore, this right is given to state bodies that are obliged to act in its interests.

Thus, among the interested parties there will be persons who are directly or indirectly interested in the outcome of the case.

Statement on establishing a family relationship - writing rules

A sample application for establishing the fact of a family relationship must comply with the general rules for claims, and also take into account the specifics of these requirements. The document must be prepared in compliance with the following rules:

• These claims are filed only in district courts. Therefore, the relevant district authority must be indicated at the top. The plaintiff will be either the relative himself or his representative acting in his interests. The defendant is not included in these requirements. But other relatives can be indicated as third parties;
• the legal basis for the claim should be reflected. The civil case will be resolved on the basis of the norms of the Civil Code of the Russian Federation. Therefore, they must be indicated in the descriptive part of the document;
• it is necessary to describe the situation, reflecting why the plaintiff has grounds to make such demands, to what degree of relationship he is with the deceased relative and other important circumstances.

In this case, it is not necessary to describe the reasons for filing a claim. The subsequent fact of receiving an inheritance or other reasons does not matter to the court. The main thing is the content of the claim, that is, an overview of the requirements for recognition of the presence of family ties.

Establishing the fact of family relations with the deceased - judicial practice

The court's decision to establish the fact of a family relationship is always based on objective evidence. In cases of this category, the only objective evidence is the conclusion of a genetic examination.
This will be the main evidence that can confirm the existence of a family relationship between the plaintiff and the deceased person. For the examination, the genetic material of the applicant should be taken and compared with material taken from close relatives of the deceased (parents, children, sisters or brothers).

Payment for the examination is made at the expense of the plaintiff himself. However, he does not have the right to refuse to conduct an examination. Otherwise, the court will not have evidence of the correctness of the application and will be forced to refuse the request.
If the fact is confirmed, then a decision will definitely be made to satisfy the claim. If not, the result will be negative. Judicial practice follows only this path.

Statement of claim to establish the fact of family relations

General application requirements are listed above. An important point is the need to indicate in the requesting part of the document the recognition of kinship with a specific person.

If there are witnesses who can confirm any significant facts, then they must be indicated in the application and a petition must be submitted for their summons and questioning at the court hearing.

Establishing the fact of family relationships

A person who intends to file an application to court to establish kinship (hereinafter referred to as the RFA) with another person should take into account that:

• This application is submitted in the case where it is necessary to obtain documents confirming the officially recognized relationship between persons (for example, if such documents have been lost, and it is impossible to restore them in a different manner (including through requests to the relevant authorities). If the family relationship between persons has never been documented, another claim is filed. For example, if the father was not indicated on the child’s birth certificate, it is necessary to file a claim in court to recognize paternity, etc.
• Relationship can also be established in relation to a deceased person, which is especially important for receiving an inheritance (see the decision of the Verkhoturinsky District Court of the Sverdlovsk Region dated January 31, 2013 in case No. 2-31/2013).
• Disputes between the applicant and interested parties are unacceptable (clause 3 of Article 263 of the Civil Procedure Code of the Russian Federation of November 14, 2002 No. 138-FZ). In cases resolved through special proceedings, an interested person is considered to be a person whose rights and legitimate interests may be affected by the decision made by the court. Depending on the purpose of establishing the fact of relationship, the circle of interested parties will be determined. For example, if one of the heirs appealed to the judicial authority with a request to establish a relationship with the testator in order to subsequently enter into inheritance rights, and other heirs dispute his right, then the first heir must submit his claims in the manner of litigation.

How to file an application to establish the fact of a family relationship in court

Cases regarding the establishment of kinship are resolved through special proceedings. The criminal complaint is submitted to the district court at the applicant’s place of residence (Article 266 of the Code of Civil Procedure of the Russian Federation).

The amount of the state duty when submitting an LUR is calculated in accordance with subparagraph. 8 clause 1 art. 333.19 part 2 of the Tax Code of the Russian Federation dated 05.08.2000 No. 117-FZ.

In addition to the ZUR itself, evidence of the impossibility of obtaining the requested documents or restoring lost documents must be submitted to the judicial authority (Article 267 of the Code of Civil Procedure of the Russian Federation). In the situation under consideration, these may be official refusals to provide information (including due to its absence).

To confirm the relationship of the applicant with another person (for example, the testator), various evidence can be used and should be presented to the court:

• certificates (of birth, registration and divorce, death);
• certificates of cohabitation of persons;
• title documents for real estate or other property;
• certificates from medical institutions;
• documentation obtained from departmental or historical archives;
• photographs, videos, letters, greeting cards, personal diaries, etc. (as circumstantial evidence).

Great importance is given to the testimony of other relatives, neighbors, friends and other persons. The court makes a decision by collectively assessing the evidence presented (see the decision of the Ust-Vymsky District Court of the Komi Republic dated July 2, 2013 in case No. 2-594/2013).

Claim proceedings and application to establish the fact of family relations

If we are talking about a statement containing a person’s request to a judicial authority to establish certain facts of legal significance (which includes establishing kinship between persons), then such a document is not considered a statement of claim, because in accordance with paragraph 3 Art. 263 of the Code of Civil Procedure of the Russian Federation cannot contain a requirement for a court to resolve a dispute about law.

Also, in such a statement there are no parties to the case, i.e. there is no plaintiff and defendant, but there is an applicant and interested parties.

The emergence of a dispute about the law does not allow the case to be considered according to the rules of special proceedings, and the LUR will be left without consideration. After this, the applicant has the right to apply to a judicial authority to resolve the dispute that has arisen by filing a statement of claim.

The LUR between persons in court is drawn up in free form, but must necessarily include explanations:

• for what purpose did the applicant go to court to establish this fact;
• what evidence does the applicant have to confirm the impossibility of obtaining documents or restoring lost documentation certifying this fact in a way other than judicial (Article 267 of the Code of Civil Procedure of the Russian Federation).

Thus, a statement to establish the fact of the existence of family ties between the applicant and other persons cannot contain a requirement to resolve a dispute about law. In this case, it is necessary to initiate a case through a lawsuit. When submitting the said application, it is necessary to give the court an explanation for what the established fact of the existence of a family relationship will be used and why it is impossible to establish it in any other way than the judicial one.

02.02.2019

Grounds for establishing family relationships

Kinship refers to a connection between people based on descent from a common ancestor. It is possible to establish family relationships between brothers, with parents and children, with uncles and aunts, grandparents and other relatives in the ascending and descending line. There are no restrictions in this case; everything depends only on the search for evidence of such a relationship.

It should be noted that it is impossible to establish family relationships with a wife (husband), stepsons and stepdaughters, stepmother and stepfather. Although relationships with these people can be very close, they are still not related, since there is no fact of common descent from one ancestor.

To establish the fact of family relations through the court, it is necessary to determine the legally significant purpose of this action. That is, why is this necessary and what legal consequences will it have. For example, family relationships are established in order to receive an inheritance after the death of a relative or to obtain a pension upon the death of the breadwinner. It will not be possible to simply establish the fact of a family relationship through the court. The court will refuse to accept such an application.

Another important reason for going to court is the inability to obtain the appropriate documents in another way, for example, through the registry office.

In some cases, there is no need to establish the fact of a family relationship; it is enough to correct a typo in the documents issued by the civil registry office. Or establish paternity.

How to draw up an application to establish the fact of a family relationship

Before drawing up an application to establish the fact of a relationship, it is necessary to obtain documents confirming the impossibility of establishing the fact of relationship in any other way.

To do this, appropriate applications are submitted to the registry office, archives and other authorities. where relevant documents can be stored. Only after receiving official written refusals is an application to the court drawn up.

In the application to establish the fact of a family relationship, you must indicate with whom you want to establish a relationship, who you are related to each other. If the degree of relationship is distant, you need to describe in detail the entire chain of family ties. The application indicates the purpose of going to court, why the relationship is being established, and what consequences the establishment of a legal fact will have.

The application must be accompanied by documents directly or indirectly confirming the relationship. It is also possible to present correspondence, greeting cards and telegrams, joint photographs, from the content of which it will be clear that there is a family connection between people. It is allowed to call witnesses who can confirm the existence of family relationships and the degree of relationship. In this case, witnesses will have to indicate the source of their knowledge.

Filing an application to court

An application to establish the fact of a family relationship is submitted to the district (city) court at the applicant’s place of residence. When submitting an application, you must pay a state fee.

Sample application for establishing family relations

We offer a sample application to establish the fact of a family relationship, taking into account the latest changes in current legislation.

IN ______________________________
(name of court)
Applicant: _______________________
(full name, address)
Interested party: ___________
(full name, address)

Application for establishing family relations

I, _________ (full name) and _________ (full name) are relatives of _________ (indicate the degree of relationship). However, documents confirming our relationship have not been preserved due to _________ (specify the reason). It is not possible to independently restore documents confirming our relationship due to _________ (specify the reason).

Currently, there is a need to _________ (indicate the reasons for the need to establish the fact of relationship). Our family relationship is confirmed by _________ (give evidence confirming the existence of a family relationship, full names of witnesses).

Based on the above, guided by articles - , - of the Civil Procedure Code of the Russian Federation,

1. Establish that I, _________ (full name, date of birth), am _________ (indicate the degree of relationship) _________ (full name, date of birth).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of application
2. Document confirming payment of state duty
3. Evidence confirming the existence of this legal fact (documents, acts, letters of a business and personal nature containing information about family relationships)
4. Evidence confirming the impossibility of the applicant obtaining the appropriate documents or the impossibility of restoring lost documents (certificate from the civil registry office, etc.)

Date of application “___”_________ ____ Signature _______

Download a sample application:

Questions about drawing up an application for establishing kinship

How many people (witnesses) are needed to confirm a relationship?

Usually, as many witnesses are invited to a court hearing as necessary to establish all the circumstances of the case. If you have witnesses who know the whole situation completely, can tell everything in detail over a long period of time and answer all the questions of the court, then 2 people will be enough.

It is necessary to establish the relationship between me and my son (different spellings appeared in the documents for the common surname). Can this case be considered without my presence?

It is necessary to provide evidence to the court that there is a family relationship between you. Usually, in the absence of documents reliably confirming clerical errors, witnesses are invited to the court. You can write an application to consider the case without you, but in such cases it is better to be present to answer the judge’s questions. If the issue is simple, the case will be reviewed in a few minutes; if questions arise, you can quickly resolve them by providing the necessary evidence or explaining the situation.

What documents must be submitted to the court to establish the degree of relationship? I need to submit a document to the migration service, a court decision that my grandson is my grandson. And how much do you need to pay the state fee?

In this case, it is necessary to prove the relationship between the grandmother and the child’s parent, as well as between the parent and the child himself. Obviously, such documents will be birth certificates. If there are typos in any of these documents, you need to submit other documents (passport, employment, marriage certificate, etc.) where the data is recorded correctly. In addition, family relationships can be confirmed by witness testimony.
The state fee when filing an application to establish the fact of family relations in 2019 is 300 rubles.

Tell me, if I want to prove that I am the grandson of my grandmother, what degree of relationship should I indicate?

In the requirements it is necessary to write, for example: “To establish that I, Ivan Ivanovich Ivanov, born on 01/01/1980, am the grandson of Maria Petrovna Ivanova, born on 01/01/1930.”

Is this application suitable if I want to establish the fact of relationship with my late sister, who has a typo in her last name and first name in her passport, for inheriting an apartment from her to me?

Yes, in this case it is necessary to establish the fact of a family relationship. Please establish the fact that you (full name) are the sister of (sister's full name) who died on (date).

What is the time frame for processing an application to establish the fact of a family relationship?

The general period for consideration of the case in court is set at 2 months from the date of filing the application. And then everything depends on the judge and the evidence presented to the court. the period may increase or decrease.

67 comments to “ Application for establishing family relations”

Every citizen may need to prove kinship with a deceased family member, because each of us can become the heir of distant great-grandmothers or second cousins. To establish a family relationship, you need to obtain documents confirming it. But what if they were lost and there is no way to restore them?

In order to file a claim to establish the fact of a family relationship, the heir must receive a refusal from the registry office. The applicant for the inheritance applies to the registry office in order to request information proving the relationship. If there are no papers in the archives, the registry office is obliged to issue a refusal to issue documents to the heir.

A waiver from the civil registry office can only be obtained by personal appearance. The applicant receives a notification that the documents were not found by mail, but only a written refusal has legal force.

Remember also about the timing of entering into an inheritance: according to Article 1154 of the Civil Code of the Russian Federation, the period for receiving inherited property is 6 months. However, based on certain factors, this period may be reduced to 3 months. Please also take into account that the documents required to establish a relationship in a pre-trial manner take at least 3-4 weeks to search for.

Collecting documents

So, the registry office issued you a written refusal, you decided to write a statement of claim so that your case would be considered in court. In addition to the text itself, the following documents will be required:

• Receipt for payment of state duty;
• Evidence of relationship;
• Refusal in the form of a certificate from the civil registry office.

The statement also states:

• Addresses of the notary and other interested parties, the plaintiff himself;
• On what grounds is the claim filed?
• Why is it necessary to establish a relationship?
• Personal data of the plaintiff and interested parties.

The application is submitted to the court at the place of residence of the applicant. If real estate or other large property is inherited, the claim is filed at its location.

A sample application for establishing family relations can be found on the information boards of court buildings. The heir also has the right to use the services of professional lawyers: they will help to competently draw up a claim, advise on evidence and other information that needs to be attached to the text of the statement. A blank sample can also be found on the Internet. To increase the chance of a successful development of the trial, the heir needs to collect as much evidence as possible.

Evidence base

Evidence of relationship is divided into indirect and direct.

Circumstantial evidence

Indirect evidence of the fact of relationship can be:

• Joint photographs;
• Notes, parcels, postcards, telegrams from family members;
• Personalized notebooks for telephone numbers indicating the full names of relatives.

Remember, all these facts confirm the family relationship only indirectly; only on their basis the court will not be able to make a positive decision in the case. However, if you provide a large amount of such evidence, it will play an important role in reaching a verdict.

• Data written out from house books on cohabitation;
• Information extracted from the personal files of family members (indicating marital status, relationship, etc.);
• Witness's testimonies.

Testimony of witnesses is the most significant fact if the relationship is confirmed in court. It is in your best interests to attract as many witnesses as possible in the case.

All evidence found is attached to the text of the application.

How is an application completed?

The statement of claim is written in a certain form. The following information is filled in in the upper right corner of the sheet:

• Name and location of the court;
• Full name of the applicant, residential address;
• Information about interested parties (names, addresses).

Next, we move directly to the text itself. The plaintiff indicates his full name, the testator's full name and degree of relationship. Now it is necessary to explain the circumstances on the basis of which the applicant went to court (most often - loss of documents). Next, we indicate the reason why it is necessary to establish the fact of relationship. Listed below is all the evidence available to the plaintiff of his relationship with the testator. The final paragraph includes the names of witnesses who can testify. After the text of the application there is an appendix in which the names of the documents attached to the application follow a numbered list.

Sample of a completed application to establish the fact of relationship

Note! This sample has no legal force, all data is fictitious.

To the Shatursky District Court of the Moscow Region
Applicant: Vasiliev Nikolay Gennadievich
140700, Shatura, st. Shkolnaya, 19, apt. 16
Interested person: notary Shvykov Yuri Vladimirovich
140700, Shatura, Marshal Borzov Avenue, 9, apt. 31

STATEMENT

ON ESTABLISHING THE FACT OF RELATIVE RELATIONS

I, Nikolai Gennadievich Vasiliev, am the son of Svetlana Stepanovna Vasilyeva (died in 2014).

However, the documents confirming our relationship were not preserved, as they were burned in a fire.

It is not possible to independently restore the documents confirming our relationship, since they were not preserved in the archives of the registry office of the Shatursky district.

The need arose to enter into an inheritance.

Our family relations are confirmed by personal letters with relatives, as well as witnesses T.M. Smirnova. and Konovalov I.S.

In accordance with Art. 264-267 Code of Civil Procedure of the Russian Federation I ask:

To establish that I, Nikolay Gennadievich Vasiliev, am the son of Svetlana Stepanovna Vasilyeva, who died on December 19, 2015.

Call witnesses Tatyana Mikhailovna Smirnova, Ilya Sergeevich Konovalov.

Application:

1. Certificate issued by the civil registry office;

2. Receipt for payment of the duty;

3. Petition to call witnesses;

4. Texts of personal correspondence;

5. Copies of the application.

Signature: Vasiliev
01.02.2016

The number of copies attached to the application depends on the number of interested parties.

Litigation is a long process that does not always lead to a successful resolution of the issue. A correctly drafted application will increase the chances of a decision being made in your favor.