Ombudsman Helps Two Minor Orphans Receive Inheritance

Марина Онегина Society
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Jamila Dzhamanbaeva, the ombudsman of Kyrgyzstan, called for the protection of the inheritance rights of children. The office of the chief human rights defender reported its assistance to two minor orphans.

A pensioner, K. G. from Naryn, approached the authorized representative of the akiykatchi for help in securing her grandsons, aged 14 and 15, their inheritance rights.

In her appeal, she recounted that her son A. M. and daughter-in-law O. Zh. separated in 2014 after six years of marriage. The children stayed with their father, while their grandmother took care of their upbringing. Subsequently, nine years ago, they lost their father, and in 2024 their mother also passed away. As a result, the grandmother became the official guardian of the children by court decision.

Social workers informed the grandmother that a plot of agricultural land was registered in the name of her deceased daughter-in-law. Upon learning this, she decided to formalize the land in her grandsons' names as their legal heirs.

However, the relatives of the daughter-in-law began to contest the right to the land and create various obstacles by not providing the necessary documents.

The institute's staff conducted a consultation with the grandmother, explaining her rights and the procedure for appealing to the court. The organization noted that according to Article 1142 of the Civil Code of the Kyrgyz Republic, the primary heirs by law are children, spouses, and parents. According to Article 1159 of the Civil Code of the KR, inheritance is divided based on an agreement among the successors, and in the absence of such an agreement, through court proceedings.

After contacting the ombudsman's institute, the woman was assigned a free lawyer from the legal service of the Ministry of Justice.

Additionally, a request was sent to the regional branch of the State Agency for Land Resources, Cadastre, and Geodesy. The agency confirmed that the mother of the teenagers owned a plot of land measuring 58 acres in Naryn.

“The authorized representative of the akiykatchi assisted the elderly woman in gathering the necessary documents, after which she approached the court,” the report states. “As a result, the party contesting the plot agreed to a settlement.”

Ultimately, the minors received a certificate of inheritance rights, allowing them to formalize the land in their names.
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