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I MIGHT BE DEAD


- I am fifty years old. I lived in the Russian Federation for twenty-five years. My two sisters also lived in Russia. My parents died long ago. My eldest brother died three years ago. I have my house where I grew up, went to school and was drafted to the army. Afterwards, I left for Leningrad for study purposes. Three months ago I determined to come back to my homeland. When I arrived at my house, a completely strange woman opened the door. I found out that my house (two-storey house with a land) had been sold without my knowledge. I went to the district authorized person.

He enquired about my name, address of my house and recognized my parents and brother. He took out some very old yellowish book and started turning its pages with his yellowish fingers. Suddenly he looked at me in surprise and said that the fact of my death was registered in the book. In the beginning I hardly realized the seriousness of his statement but then I understood that they had played a trick on me and buried me still alive and seized my father’s house from me. It took me two months to find out this fact until I succeeded in finding out from police, cadastre, municipality, civilian registrar’s office that my house had been sold. Today, I do not have anything, I do not know where I am going. I complain and they say that I am dead. When I frequently go to the same institution, they tell each other that I am that dead person. At the moment I have some money about me earned in Leningrad which I will spend and become homeless in the end. I have heard the same statement so much that I am dead that I really think it may be true. Please help me, what shall I begin with, what should I  do?

 

Mihran

First of all, I will advise Mihran to ignore all the expressions concerning him. What is more important here that you have come back. You must strive to work and create and not think of becoming homeless. Dear Mihran, unfortunately there are officials who never realize that their duty is help people and not to mock. But there are also those who are sincerely devoted to their work and country thanks to whom I am confident that you will restore your infringed rights. To begin with, please read carefully the below legal norms which stipulate that you are pronounced dead and the legal norms which settle the consequences as to the appearance of dead-pronounced citizens.

Any citizen can judicially be declared dead if there has not been any information about his or her whereabouts in his residential area for three years. The application is to be filed with the court of general competence of his last known residential area or the applicant’s residential area. In addition, the application shall state the legal consequences expected for the applicant in case of declaration of a citizen dead, without which the application will hall be returned.

On basis of the effective verdict regarding the declaration of a citizen dead, the civilian registrar's office makes an entry about the death of the given person in its registration book.

It is necessary to know:

Regardless of the time of his appearance any citizen has the right to claim from any person to return his or her maintained property, which lawfully and irrevocably passed on to the person after the declaration of a citizen dead, with the exception of cash assets.

Moreover, the persons acquiring the property of the dead-pronounced person on basis of irrevocable transactions ought to return it to him or her, if it is proved that when acquiring the given property they were aware that the dead-pronounced person is alive and should it become impossible to return the property then the equivalent value shall be paid instead. In the event the property of dead-pronounced persons lawfully passed on to the community and sold in the end, then after the cancellation of the verdict about the declaration of a citizen dead he or she shall receive the amount as a result of the sale of the property.