The lawyer informed about the impossibility of transferring the place to the cemetery by inheritance
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- The lawyer informed about the impossibility of transferring the place to the cemetery by inheritance
The place of burial is not part of the inheritance and cannot be inherited as property, however, the rights and obligations associated with it can be exercised by the relatives of the deceased in a special manner not directly regulated by law. Lawyer Mark Varshaver announced this in a conversation with Izvestia on March 31.
"The land plot under the burial cannot belong to the testator, since public cemeteries are in municipal ownership by virtue of a direct indication of the law, which is confirmed by judicial practice," he said.
The lawyer noted that the issue of the legal status of the person responsible for the burial is more complicated. The law does not directly regulate the procedure for its transfer, which in practice leads to legal conflicts. At the same time, based on judicial practice, the dispute over the place of burial and the inheritance dispute are independent legal relations.
"After the death of the responsible person, his status does not automatically transfer. Relatives must re—arrange it administratively through a specialized service, and this is where conflicts most often arise," said lawyer Varshaver.
Read more in the Izvestia article: Disputes about burials: who in Russia actually manages the grave?
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