Inheritance Monopoly certificate

Inheritance Monopoly Certificate

Inheritance monopoly is done after the death of a family member and to determine the amount of inheritance share of each heir. After receiving the inheritance monopoly certificate, the amount of inheritance of each family member is determined and until the inheritance monopoly certificate is obtained, the heirs can’t sell and divide or transfer assets or withdraw from bank accounts, even by agreement.

Competent persons to file a petition

The heirs of the deceased and the beneficiaries, including any person who has an interest in the property of the deceased, can apply to the court for a certificate of exclusive inheritance. If there are several heirs or stakeholders, not all of them need to apply, and the action of one of these individuals is sufficient to sign and file a petition.

Required Documents

In order to obtain a certificate of exclusive inheritance, documents such as death certificate, identity card of the deceased and heirs and testimony are required.  According to the affidavit, witnesses testify in the notary public office about the heirs of the deceased who died on a specific date.

Submit a petition to the Dispute Resolution Council

The certificate of inheritance is issued on the basis of a petition submitted to the Dispute Resolution Council and in accordance with the formalities provided for in the Code of Civil Procedure. The court, after considering the relevant documents, at the applicant’s expense, Advertises in widely circulated newspapers. And after one month from the date of publication of the advertisement, if no one objects to it, without convening a hearing and inviting the heirs, it issues a certificate of exclusive inheritance, which indicates the characteristics and number of heirs and their relationship with the deceased and their share of the register. Issuance of a certificate of inheritance means that the heir of the deceased is limited to the persons whose names are mentioned in this certificate.

Sample inheritance monopoly petition

Petition to the Dispute Resolution Council

Residence

Street-Alley-Plaque section

Country Code

   Occupation   Age Father Name Last Name    Name Profile of the parties
 

Wanted

 

Read

Unit 317, Al-Mohammad Law Office, 3rd Floor, Sana Commercial Administrative Complex, Andarzgoo Blvd.,Farmanieh, Tehran Basic lawyer of a judiciary  

۳۷

 

Seyed Sadegh

 

Ale Mohammad

 

Seyed Amir

Lawyer or legal representative
 

Application for inheritance monopoly certificate

Determining the demand and its price
۱-Affidavit 2-Death certificate3- Certified copy of the deceased’s identity card 4- Certified copy of the heir’s identity card 5- Notarized testimony 6- Attorney’s stamped power of attorney 7- Medical certificate of the hospital issuing the deceased’s death Reasons and attachments of the petition
Honorable Chairman of Dispute Resolution Councils of Tehran Province

Greetings and Regards

I, Seyed Amir Ale-Mohammad, the basic lawyer of a court of attorney, represented by Mr. …., the only heir of the deceased ….. will submit this petition and summon:

deceased’s….. child of ….. to the identity card number of ….. issued in ….. and national number of ….. which has a paternal relationship with the client, passed away on 00/00/000 to Cause of …. in the….. hospital. The deceased is a follower of Islam and Shia religion and the only heir at the time of his death is a boy named ….. child of ….. with national number of ……. and the deceased has no heir other than the above heir. And his assets are more than three million Rials. Therefore, consideration and issuance of inheritance restriction certificate is required.

Thanks

Sayed Amir Ale Mohammad – Lawyer ….