The lawyer called cases of recognition of property extortionate

Extortionate property is the property of a deceased person who, after his death, was not inherited either by law or by will, lawyer David Adams, general director of the AID professional legal group, told Izvestia on February 27.

This happens when the deceased has no heirs left, or they have renounced the inheritance, or have been deemed unworthy. As a result, assets are transferred to the state or municipality, depending on the type of property and its location.

The expert explained that after the death of the owner, the notary opens an inheritance case. Within six months, potential heirs can declare their rights, submit documents confirming kinship or other relations with the deceased, and enter into the inheritance.

"If no one applies for inheritance registration after this period, the notary issues a certificate recognizing the property as extortionate. From that moment on, it becomes the property of the municipality, if it is a question of residential premises and land plots, or passes into federal ownership if the property is other assets such as vehicles, commercial real estate, securities, cash, shares in the authorized capitals of companies," said Adams.

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However, the transfer of property to the State is not always final. An heir who has missed the deadline for good reasons may demand his reinstatement in court, the lawyer drew attention to.

"The law does not contain an exhaustive list of such reasons, but practice shows that prolonged illness, being abroad, or lack of information about the death of the testator can be considered valid. For example, in one case, the Supreme Court restored the term to an heir who was on a long business trip abroad and did not know about the death of a relative. In another case, the court recognized as a valid reason the legal illiteracy of the heiress, who did not know about the need for formal inheritance, although she actually lived in the deceased's house and paid utility bills," the expert said.

In order to return the property, it is necessary to file a statement of claim in court, attaching evidence of the validity of the reasons for missing the deadline. Judicial practice requires that such evidence be convincing: certificates from medical institutions, travel certificates, notarial documents confirming the absence of information about the inheritance. If the court makes a positive decision, the heir is given a new certificate of inheritance, after which he can register the property for himself, the lawyer noted.

"If the property has already been sold by the state, the heir may demand monetary compensation. For example, if an apartment declared extortionate was sold at auction, the heir has the right to receive its value if he proves that he had legitimate inheritance rights. However, such cases are difficult to handle in court, and the outcome of the case depends on the quality of the evidence base," Adams added.The expert clarified that extortionate property is also of interest to buyers. The state, having no need to maintain such assets, sells them through public auctions. Auctions are held on specialized platforms: participants make a deposit, register and place bids, after which the property goes to the one who offered the largest amount. At the same time, prices for extortionate property are often lower than market prices, since its transfer to a new owner is the task of the state, not a commercial structure, the lawyer emphasized.

"But the purchase of such property is associated with certain risks. The main one is the possible appearance of heirs who can challenge the fact of the transfer of the object to state ownership through the court. If the court finds their claims justified, the transaction may be declared void, and the property returned to its rightful owners. In such cases, a bona fide acquirer has the right to demand compensation, but court proceedings can drag on for years," Adams warned.He called the presence of debt obligations, for example, unpaid taxes, utility bills, which may pass to a new owner, another risk.

"Extortionate property is a special category of property regulated by the rules of inheritance law. It can be returned to the heir if there are good reasons, as well as purchased at auction, but with a thorough legal review before purchase," the lawyer concluded.

Earlier, on February 5, it was reported that almost half of the Russians surveyed somehow linked their plans in 2025 with the solution of the housing issue. One in eight (12%) plans to start saving and save money for an apartment, follows from the data of the Level Group.