The first step to achieving this goal is the determination of the degree of kinship. You should know exactly what you have desired relative, do you have any common ancestors, which line (maternal or paternal) you are blood people. Better to make General genealogical scheme, where mark names and dates (birth and death). With such, fairly complete, information will be easier to navigate and to explain the desired specialists.
Next, prepare a list of documents required to prove family relationship. It can be the birth certificate of brothers, sisters, parents, as well as documents reflecting the change of name on various grounds.Depending on the specific situation, needed documents, establishing a blood bond, also are certificates issued by registry offices or other organizations that have this information. Here are the entries in the passports of the wife, house, books, etc. The finding of a relationship needs to be confirmed by a set of specific documents.
If the sources are lost, to restore them you should contact the authorities, the historic departmental archives or the place of birth and residence desired family. Upon your written request to begin the search proving their relationship certificates. Requests are a legal document of some form filling. Clearly and briefly describe therein all the information, your mailing address and phone number. Attach all necessary copies of your documents of identity. If the Agency is in the nearest location and submit the request personally (on receipt in the receipt). In the reverse situation – by registered mail.Note that the archival search for evidence of family ties does not give you 100% guarantee of positive result. Some information may simply not saved.
If you contact the archives to obtain the required documents you failed, and in case of insufficiency of the evidence supporting the relationship or to eliminate essential legal facts (family and marital relations, the fact of certain events, dependency, etc.) to apply to the court.The application for establishing the fact of relationship serve in your place of residence. It will include copies of the death certificate of a relative and a certificate of residence, certificate from the notary about the acceptance of the inheritance (in the cases of hereditary cases) and other documents confirming ties of blood. It is advisable to add a statement of the genealogical scheme.
After acceptance of the case by the court continue to gather evidence of kinship. Besides the certificates issued by civil registry office, can be obtained and other claim facts confirmation. These include the testimony and written evidence.Testimony invite the most diverse people. The most valuable are the total relatives. Next come relatives of both sides, neighbors, friends and other persons.If necessary, the issuance of written evidence, stated in court the petition for receipt in establishments of the documents that you are not able to acquire independently. The organizations of this type include: housing authorities at the place of residence of the relative, his place of work and bodies of the passport and visa service. Evidence represent an extract from the house register, a copy of the financial account, the card owner, the documents and information of the replacement of the passport. Documents from the workplace are autobiographies, questionnaires in which the workers usually list their relatives.As you can see, set or confirm the presence of relationship thing is sometimes not easy, and often not fast. Please be patient. In order to understand it and to gather all the necessary information will require a considerable amount of time and effort.
When establishing a relationship, do not break the sequence of the above actions. Incomplete information, for example, can cause a negative response to the query archive search. And the court shall consider the application only if it is impossible the receipt of the fact family relationships in other ways.
Advice 2 : In court to prove the relationship
To establish paternity is not a rare case in judicial practice. It is necessary, in particular to inheritance, if the heir, for whatever reasons have lost the documents proving his blood ties with the deceased.
Try to restore or to duplicate documents proving your relationship with the deceased. If not, contact the court.
Write a statement that confirm the relationship documented you can't describe the treatment of the bodies. Attach the documents that you were given, citing the refusal, for example, a written certificate from the registry office about the lack of necessary information. Specify for what purpose you need to establish the fact of kinship, for example, to take the inherited property.
Make a statement in the name of the court, personal details, their place of residence, telephone number. Enter information about the people involved, their place of residence or location of organization. Check the list attached to the application documents (photocopies). Pay the state fee in the amount of 200 rubles, to do this in any branch of the Bank receipt and attach to the application. Sign the document and date it.
Don't be late for the hearing. The judge will ask questions concerning the existence of any fact establishing whom you ask, its legal values, and the conditions under which a valid recognition of the relationship with a particular person. After reviewing the documents, the judge retires to the decision room, where it makes a decision on the case.
Bring witnesses who can confirm your words, unable to rely on written evidence, for example, personal correspondence, photographs, etc., Use any information that can help you in establishing blood ties. If you refused to issue duplicates of the required documents, write a petition to the court. At the request of the justice authorities, no institution has no right to refuse.
Check for discharge from the house register about the registration, copies of the personal account, it is possible that you have a power of attorney to certain acts, issued in your name and notarized in accordance with the norms of the civil code. This will help to establish a legal fact. In accordance with paragraph 4 of the resolution of Plenum of the Supreme Court of the Russian Federation from 25.10.1996, № 9 "On application by courts of the RF IC in cases of paternity and alimony", for example, in the case of death of the person who acknowledged paternity of the child but was not married to his mother, the court on the basis of article 50 of the RF IC has the right to establish the fact of recognition of paternity.
Keep in mind that the court will deny the restoration of the fact of kinship between the testator and heirs of each subsequent turn, if there are relatives of the previous line has already been entered into the inheritance of property. The exception only applies when, for example, received a waiver from the authorities that the amendments to the documents and records have been impossible due to various reasons. Or when they can't be restored the necessary documents.
You can file a claim on the establishment of kinship to the court only when unsuccessfully tried other recovery methods: search of documents, appeal to the Registrar etc.
Advice 3 : Relationship: what can serve as proof?
The question of the need to prove family relationship occurs when the entry in the inheritance and in some other cases. If the grounds and all documents and in the absence of dispute, to certify the fact of kinship can the Registrar's office. In the case of the ambiguity of the situation, the availability of kinship can be established through the courts.
Most often confirm the relationship necessary in connection with the acceptance of the inheritance. The main document, which opens the inheritance – the death certificate of the testator. The person who made the burial of the testator, is given the original of the certificate without proof of kinship. Presenting it in a six-month period, the notary, he gets the advantage of time to collect supporting kinship documents. All other potential heirs get a duplicate of the death certificate, and for its issuance must submit to the Registrar's office documents indicating family relationship between them and the deceased, e.g., birth certificate, certificate of marriage, certifying the change of names, death certificates. In the absence of any documents you need to apply to their issuance in the archives of the registry offices. Documents issued on the basis of records with spelling errors, proof of kinship can't serve. So first you need to make changes in such documents. Motherhood proved on the basis of the documents of medical institution where the child was born and testimony. At the same time, how was the child conceived (naturally or through artificial insemination) does not matter. If the testator was a surrogate mother, born the child has the right to inheritance by law and proof of the relationship in this case would be the contract and the medical certificate. If you need to prove the relationship of the child with father when mother and father are not married, as evidence in the case can be used: joint statement of the parents statement by child's father, with the consent of body of guardianship and guardianship or court decision. In this case, if the father is alive, the relationship with him established by the court in adversary proceedings, if the alleged father is dead, but there's no disputing the paternity is established in a special procedure, if there is a dispute - action proceedings. According to the law can be made to the certificate record of birth information about father according to the statement of the child's mother are not married, but proof of origin of the child from that person such a record is not. For the proof status of the parents (father and mother) needed a birth certificate or court decision establishing a legal fact of kinship. Regardless of the purpose, the proof of kinship used the following documents: evidence of the Registrar's office, extracts from parish registers, the records in passports about children, wife, copy of an enforceable court decisions establishing the fact of relationship certificates issued by public institutions and organizations at the place of work or residence, etc. In the application for establishing the fact of kinship, contains the passport data of the applicant, these persons, kinship, which established the degree of their relationship. Also reference is made to the fact that the documents proving your relationship has not survived, but required at the present time, for example, joining the right of inheritance. In addition, the statement must contain the information confirming the relationship.