Research and development in private law

Research and development in private law

Challenges of Claim Regarding Division of Decedent`s Estate in Judicial Precedent

Document Type : Original Article

Authors
1 Judge and PhD in Private Law, Tarbiat Modares University, Tehran, Iran
2 PhD student in International Law, Islamic Azad University, South Tehran Branch, Tehran, Iran
Abstract
In a division of estate, some claims are raised by the litigants during or after the proceedings. Ambiguity of the law causes various disagreements in the judicial precedent, which sometimes may delays in the proceedings. These cases come in several forms and can have different effects. Some of them affect the amount of assets and liabilities of the estate, such as claim of ownership to the entirety or portion of the estate or claiming for a debt against the deceased. Some of them affect the number of heirs to whom the share of inheritance is allocated. For example, one or more heirs waive their rights to the estate in exchange for the money or property they receive from the deceased during his lifetime. Also, after the division, the heirs may claim imbalance (Ghabn) or defect in their share of the inheritance and thus affect the status of the division. Another issue that may be raised in the proceedings is the provisions enshrined in the Law Relating to the Requirement to Officially Register Immovable Property of 2024, and failure to comply with these provisions may result in the court’s refusal to accept the agreement on the division of the estate with a private deed.
 Here, while examining the judges' approach to dealing with these claims, an attempt is made to find a solution to overcome the above challenges.
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