بروز رسانی 1402/12/05
دادگاهی که آخرین محل زندگی و سکونت فرد متوفی در آن واقع شده بود
مرجع دارای صلاحیت جهت رسیدگی به دعاوی مرتبط به انحصار وراثت
و ترکه و اموال باقی مانده ی فرد متوفی می باشد.
که در حال حاضر شورای حل اختلاف این وظیفه را بر عهده دارد.
ارث از جمله مسائل حقوقی به شمار می رود که انسان ها ممکن است
در طول عمر خود با آن روبرو شوند.
از همین رو زمانی که فردی از دنیا می رود بایستی تکلیف دارایی ها و اموال وی
و مقدار حقوق و ارث بردن وراث و حتی نحوه ی اجرای وصیت نامه معین شود.
از جمله ی مهم ترین مسائل در این باره نیز مساله انحصار وراثت می باشد.
در ادامه باید بگوییم که در صورتی که آخرین اقامتگاه فرد متوفی مشخص و معلوم نباشد،
رسیدگی در صلاحیت دادگاهی خواهد بود که آخرین محل سکونت فرد متوفی در ایران بوده است.
اگر بخواهیم مثال بزنیم بدین صورت است که در صورتی که فرد در طول زندگی خود
در شهرهای مختلفی زندگی کرده باشد ولی آخرین محل زندگی و سکونت وی اصفهان بوده است،
بعد از فوت وی نیز دادگاه اصفهان صلاحیت رسیدگی به دعاوی ارث
و صدور گواهی انحصار وراثت را خواهد داشت.
هر چند که فرد در شهری دیگر فوت کرده باشد
و یا این که اموال و دارایی وی در شهر دیگری واقع شده باشد.
افرادی که از فرد متوفی ارث می برند و همین طور سایر افراد ذینفع می توانند
از دادگاه خواستار صدور این گواهی باشند.
در صورت تعدد وراث، درخواست یک نفر از آن ها برای درخواست انحصار وراثت کفایت می کند.
شما عزیزان می توانید برای مشاوره حقوقی با وکیل ارث با وکلای کارآزموده و مجرب ما
در موسسه چتر عدالت ایرانیان در ارتباط باشید.
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