Month screening and retainer newspaper

The divestment and retention lawsuit for the real estate heirs (heirs dispute)
Should the petition be publicized, and is it not accepted or not binding?
1) Article 875/1 Civil stipulates the appointment of heirs, determining their inheritance monuments, and transferring the inheritance funds to them.
The Court of Cassation ruled that the transfer of real estate rights from the inheritor to the inheritors is complete upon death ... it was decided that
“The text of Article 13 of Law 114 of 1946 regulating the real estate registration, that the legislator did not suspend the transfer of real estate rights from the inheritor to the heirs on the declaration of the right of inheritance, as is the case with regard to the registration of real estate dispositions, so the transfer of the rights of the inheritor to the heirs upon death remained in accordance with the rules of Islamic Sharia
(Appeal No. 3424 of 59 years, session 28/9/1994 Q45 J2 p. 1244)
Whereas the foregoing and it was decided to transfer real estate rights from the inheritor to the heirs upon death, in accordance with the provisions of Islamic Sharia. Its performance. Not requiring the declaration of the right of inheritance
(Appeal 5729 for the year 73 Q hearing 12/10/2013, Appeal 2801 for the year 83 Q hearing 6/15/2014)
In addition, the present lawsuit is a lawsuit to sort out and set aside properties by inheritance, and it is not a validity and enforceable lawsuit, and therefore it is not necessary to announce its publication. One of the real real estate rights, and therefore there is no place to enforce this restriction on filing a lawsuit if the court is presented with a request other than the validity of the contract
This is because, as it is established in the cassation court, there is no suspicion that the texts that put this restriction on filing the case are exceptional texts because they place a restriction on the right to resort to the courts. Consequently, it is not permissible to measure it or to expand its interpretation and to say otherwise leads to unacceptable results, since it means the necessity to register the statement of each case requesting the implementation of the obligation from the obligations resulting from a contract of a real real estate right ... In addition to that, what is indicated on The margin for registering the documents of contracting claims on a real property right, pursuant to the provision of Article 16 of the Real Estate Registration Law No. 114 of 1946. There is no place for his action in filing a lawsuit if the petition in it to the court is a request other than the validity of the contract, even if the decision in it requires that the validity of the contract be exposed and decided first.
Appeal No. 13986 - Judicial Year 77 - Session 13-6-2012 - Technical Office 63 - Page No. 893
Appeal No. 829 - for the judicial year 69, session 13-6-2000 - Technical Office 51 - Part 2 - Page 811
This is fixed by the legal information of the deceased …………… the legacy of the plaintiff and the defendants that they inherited it legally without a partner and that the claimant’s share in this legacy owned by him through the legal inheritance, which is one of the reasons for ownership mentioned in the civil law which puts the hand on him and the entire sum of the common claimant They have to benefit from it without him, and he has no right to ask for his share to be secreted, and then he has the capacity and legal interest in his lawsuit