Testamentary legal inheritance is not yet of current interest in Mitrovica
Mitrovica.- Besides the application of the law and customary precedents in inheritance issues in Mitrovica, mainly in cases of initiated judicial proceedings, legal solutions are implemented.
LT has rated heritage subject matter in accordance with standards, values and common principles of European Union.
In many cases citizens of Mitrovica face property problems because of ignorance of the law on testamentary legal heritage. Under this law, all natural entities (natural persons) under the same conditions are equal in heritance. Even illegitimate children whose paternity is unknown, and as well adopted children are legally equivalent to legitimate children, whereas adopted child according to the law do not inherit the family of origin and vice versa!.
While under the common law, when the person who bequeath has no successor nor had made a will, his property would remain in the heritage of tribal community. The law on testamentary inheritance provides a woman an equal legal position not only in the first but as well in the second generation, concretely should the women inheritor die before the successor, after his death, the property will be transferred to her successors.
On the subject of testamentary inheritance, H. Shala, a teacher and a citizen of Mitrovica, told M-Magazine: “We should have more knowledge about the law of testamentary inheritance. Women in most cases do not ask for hereditary property entitled by law; we willingly give our share to our brothers", she says. “I am the only girl and have two brothers .When my father offered me a share of property to inherit I immediately gave it to my brothers. We still are not aware that we are part of the family no matter the gender differences.
B.Kajtazi asserts: "I like to talk more about this topic on testamentary legacy. I personally am not very informed about this issue that is very essential for everyone. Respecting the testamentary heritage I think it would be a perfect solution for prevention of property problems. The will is written by the actual devisor and confirmed by. My family consists of seven members and I am the head of the family. I have inherited the property from my father, and regarding the inheritance of my children, I will sign the will to heirs.
To learn more about the way the testamentary inheritance law functions in Mitrovica, M-Magazine contacted officials of the cadastre office in Mitrovica municipality.
Hasime Barku, Head of Cadastre sector sad that as from 2001 they did not have records or any case based on the will, but regarding the registration of real estate based on the decision after consideration of heritage 95% of successors are male. In most cases women accept the property during the review of heritage assets and at the same they donate it to their brothers.
In relation to the law on testamentary inheritance, Nuhi Mehmeti, head of Geodesy sector, with 32-year experience in this sector, added that in most cases, the requests of the parties to share the inheritance are made after proceedings are conducted in court and registration is done in the cadastral office. Parties turn to the application office. During the field examination it was concluded that 90% of the cases of the parties involved in heritage where conducted without problems, under agreement that has been achieved in to the court.
Lumturie Brahimi, lawyer in cadastral office said that under the law on testamentary inheritance, the application with the request for registration of real estates is made based on legal documents as a basis for registration of Heritage Decision; court decision and sales contract are attached to it, and as well the gift contract. Mrs. Brahimi said that no case of registration and review of testamentary inheritance were recorded.